HomeMy WebLinkAbout96-2080 - ADMIN Ordinance - City Council - 1996/11/18ORDINANCE NO. 96-2080
AN ORDINANCE RELATING TO THE SALE OF TOBACCO
PRODUCTS AND TOBACCO RELATED DEVICES; ADDING
SECTION 13-1360 THROUGH SECTION 13-1368 AND DELETING SECTIONS 11-112;
12-1404; and 13-1350 THROUGH 13-1354
THE CITY COUNCIL OF THE CITY ST. LOUIS PARK DOES ORDAIN:
Section 1. Sections 13-1360 through 13-1371 are added to read:
Section 13-1360 Purpose. Because the City finds that smoking causes premature death,
disability, and chronic disease, including cancer, heart disease and lung disease; smoking related
diseases result in excess medical care cost; and smoking initiation occurs primarily in adolescence,
the City desires to prevent young people from starting to smoke, to encourage and assist smokers
to quit, and to promote clean indoor air.
Section 13-1361. Definitions. The following words and terms when used in this section shall
have the following meanings unless the context clearly indicates otherwise:
(1) Tobacco or Tobacco Product Tobacco or tobacco product shall mean any substance
or item containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe
tobacco or chewing tobacco and other forms of tobacco leaf prepared in such a
manner as to be suitable for chewing, sniffing, or smoking.
(2) Tobacco Related Devices. Tobacco related devices shall mean any tobacco product
as well as any pipe, rolling papers, or other device used in a manner which enables the
chewing, sniffing, or smoking of tobacco or tobacco products.
(3) Self -Service Merchandising. Self-service merchandising shall mean open displays of
tobacco, tobacco products, or tobacco related devices where any person shall have
access to the product without the assistance or intervention of an employee of the
premise maintaining the merchandising. Self-service merchandising shall not include
vending machines.
(4) Vending Machine. Vending machine shall mean any type of device which dispenses
tobacco, tobacco products, or tobacco related devices upon the insertion of money,
tokens, or other form of payment directly into the machine.
Section 13-1362 License. No person shall sell or offer to sell any tobacco, tobacco product, or
tobacco related device without first having obtained a license to do so from the city.
(1) Application An application for a license required by this ordinance shall be made on
a form provided by the city. The application shall include the appropriate fees and
contain the full name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. If the application is
incomplete, the application shall be returned to the applicant with notice of the
information necessary to make the application complete
(2) Place of Business No license shall be issued for sale of tobacco, tobacco products
or tobacco related devices at any place other that the applicant's place of business.
No license shall be issued for a moveable place of business; nor shall any single
license be issued for the sale of tobacco, tobacco products or tobacco related devices
at more than one place of business.
(3) Fees The annual fee for a license under this ordinance shall be $ 250.00 License
fees are not pro -rated.
Section 13-1363 Denial of License The following shall be grounds for denying the issuance or
renewal of a license under this ordinance, and if a license is mistakenly issued or renewed to a
person, it shall be revoked upon the discovery that the person was ineligible for the license under
this section:
A. The applicant is under the age of eighteen (18) years.
B. The applicant has been convicted of any violation of a federal, state, or local law,
ordinance provision, or other regulation relating to tobacco or tobacco products,
or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco products or tobacco
related devices revoked.
D. The applicant fails to provide any information required on the application, or
provides false or misleading information.
E. The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation, from holding such a license
Section 13-1364 Prohibited Sales
(1) It shall be a violation of this ordinance for any person to sell or offer to sell any
tobacco, tobacco product, or tobacco related device:
a) To any person under the age of eighteen (18) years
b) By means of any type of vending machine.
c) By means of self service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in
order to receive the tobacco, tobacco related product, or tobacco related
device. All tobacco related products shall be stored behind a counter or
other area not freely accessible to customers.
d) Containing opium, morphine, jimson weed, bella donna, strychnos,
cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic
or controlled substance except nicotine and not naturally found in tobacco
or tobacco products
e) By any other means, or to any other person, prohibited by federal, state,
or other local law, ordinance provision, or other regulation.
Section 13-1365 Responsibility. All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related
devices on the licensed premise, and the sale of such an item by an employee shall be considered a
sale by the licensed owner.
Section 13-1366 Compliance Checks and Inspections All licensed premises shall be open to
inspection by the city during regular business hours. From time to time the city may conduct
compliance checks by engaging minors to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco related devices.
Section 13-1367 Other Illegal Acts Unless otherwise provided, the following acts shall be a
violation of this ordinance.
(1) Illegal Possession It shall be a violation of this ordinance for any minor to have in
his or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on
behalf of the city.
(2) Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew,
sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
(3)
Illegal Procurement It shall be a violation of this ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product,
or tobacco related device, and it shall be a violation of this ordinance for any person
to purchase or otherwise obtain such items on behalf of a minor. It shall also be a
violation of this ordinance for any person to sell or otherwise provide any tobacco,
tobacco product, or tobacco related device to any minor, and it shall further be a
violation for any person to coerce or attempt to coerce a minor to illegally purchase
or otherwise obtain or use any tobacco, tobacco products, or tobacco related device.
This subdivision shall not apply to minors lawfully involved in a compliance check on
behalf of the city.
(4) Use of False Identification. It shall be a violation of this ordinance for any minor to
attempt to disguise their true age by the use of a false form of identification, whether
the identification is that of another person or one in which the age of the person has
been modified or tampered with to represent an age older than the actual age of the
person.
Section 13-1368 Violations and Penalties
(1) Revocation or Suspension Any Violation of this Chapter shall be grounds to
revoke or suspend a license
(2) Criminal Penalty. As set forth in Minnesota Statutes Chapter 609
a) It shall be a gross misdemeanor for anyone to sell tobacco -related products
to a person under the age of eighteen (18) years.
(3)
b) It shall be a misdemeanor to furnish tobacco -related products to a person
under the age of eighteen (18) years
c) It shall be a petty misdemeanor for anyone under the age of eighteen (18)
years to use, purchase, attempt to purchase, or possess tobacco -related
products.
d) It shall be a petty misdemeanor for anyone under the age of eighteen (18)
years to sell, furnish, or give away any tobacco -related products. This
Section shall not apply to an employee of the license holder under the age
of eighteen (18) years while stocking tobacco -related products.
Administrative Penalty. A licensee shall pay to the City of St. Louis Park a civil
penalty of $250.00 for an initial violation and $500.00 for a second violation of a
provision of this ordinance or a state law governing the sale of tobacco related
products within a twelve month period. The imposition of the civil penalty shall
be by written notice to the licensee and may be appealed through an administrative
hearing before the City Manager. The City Manager's decision may be appealed
to the City Council by filing a written appeal to the City Clerk within ten days of
receiving written notice of the City Managers decision
The City Council may revoke or suspend a license, impose a civil penalty of up to
$2,000, or impose a combination of these sanctions for a third or subsequent
offense of this ordinance within a 24 month time period.
Any civil penalty, suspension or revocation or combination thereof under this
section does not preclude criminal prosecution under this ordinance or under any
applicable Minnesota Statute.
Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of
tobacco, tobacco products, or tobacco related devices to a minor as part of a bona
fide religious, spiritual, or cultural ceremony. It shall be an affirmative defense to
the violation of this ordinance for a person to have reasonably relied on proof of
age as described by state law.
Section 2 Severability and Savings Clause. If any section or portion of this ordinance shall be
found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction,
that finding shall not serve as an invalidation or affect the validity and enforceability of any other
section or provision of this ordinance.
Section 3. Sections 11-112; 12-1404, and 13-1350 to 13-1354 of the St. Louis Park Ordinance
Code are hereby deleted.
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Section 4. Effective date. This ordinance shall take effect January 1, 1997.
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Attest:
C. Clerk
• e2:ecx__L-,s,-Ca..---
Reviewed for Administration:
ity Manager
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Adop ed the CiCouncil November 18, 1996.
Mayor
STATE OF MINNESOTA)
SS
COUNTY OF HENNEPIN)
Denis L. Mindak
CAMINNESOTA
snwi.e V
AFFIDAVIT OF PUBLICATION
, being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun -Sailor , and has full knowledge of the facts
which are stated below
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed Summary of Ordinance No. 96-2080
which is attached was cut from the columns of said newspaper, and was pnnted and published
once each week, for one successive weeks; it was first published
41111We d n e s d a y the 27 day of November , 1996 , and was thereafter
.and published on every to and including
, the day of , 19 : and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and publication of the notice:
City of St. Louis Park
(Offi Sal MARoYtion)
UMORDINANCE NO96 2080
AN ORDINANCE AMENDING THE
ST. LOUIS PARK CODE OF ORDINANCES,
SECTION 13-1360 THROUGH 13-1368,
REGULATING TOBACCO SALES, PROVIDING
FOR LICENSE FEES AND PENALTIES
FOR VIOLATION THEREOF
SUMMARY. This ordinance provides for an increase
in the license fees to sell tobacco, restncts the method of
selling tobacco products and tobacco related devices, and
!establishes an administrative penalty for violations
ii EFFECTIVE DATE: This ordinance shall become ef-
festive on January 1, 1997
I Adopted by the City Council November 18, 1996
/s/ Gail Dorfman
Mayor
City
T erkull text of this ordinance is available with the
(Wed , Nov 27, 1996)SLP Ord96-2080
Acknowledged before me on this
27 day of Novemier
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Not ry Public
TITLE: Publisher
19 96 .
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IiUE1.,'C-MANE ,vI A ?{
.. ;ornm,ss,un rxons Jan a 1,
RATE INFORMATION
Lowest classified rate paid by commercial users
comparable space
(2, .aximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$ 2.15 per line
$ 5.95 per line
$
1.09 per line