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HomeMy WebLinkAbout2118-98 - ADMIN Ordinance - City Council - 1998/05/04ORDINANCE NO. 18 9 8 AN ORDINANCE RELATING TO THE SALE OF TOBACCO PRODUCTS; AMENDING SECTION 13-1368 (2)(d), CRIMINAL PENALTY; and SECTION 13-1368 (3) CIVIL PENALTY lHE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1 Section 13-1368 (2) (d) is amended to read Section 13-1368 subd (2) (d) It shall be a petty misdemeanor for anyone under the age or eighteen (18) years to sell, furnish, or give away any tobacco -related product. This Section shall not apply to an employee of the license holder under the age of eighteen (18) years while stocking or selling tobacco -related products for the employer Section 2 Section 13-1368 (3) is amended to read Section 13-1368 (3) 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 A licensee's employee shall pay a penalty of $50 00 for any sale of tobacco -related products to a person under the age of eighteen (18) The imposition of the civil penalty shall be by written notice to the licensee, and employee, if applicable, 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 the written notice of the City Manager's decision The City Council may revoke or suspend a license, impose a civil penalty of up to $2,000 00 or impose a combination of these sanctions for a third or subsequent offense of this ordinance within a 24 month period of time Section 3 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 or enforceability of any other section or portion of this ordinance Section 4 Effective date This ordinance shall take effect fifteen days after publication Ad..tei,by the City Council May 4, 1998 �.J Mayor • STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) Doug Dance hid MSUN Surf:town Sun—Post Sw SNIor AFFIDAVIT OF PUBLICATION , being duly sworn on an oath says that he/she is the publisher or authonzed 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 qualrficatlon as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Thepnnted Summary of Ordinance No. 2118-98 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 Wednesday the 13 day of Mar ,19 98 and was thereafter pnnted and published on every to and including , the day of , 19 ; and pnnted 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: 13 abcdefghgklmnopgrstuvwxyz BY TITLE Publisher Acknowledged before me on this day of May ,19'-Q8 Notary Pbbrcrr VICTORIA H. B' •UILLETTE NOTARY PUBLIC—MINNESOTA >.; MY COMMISSION EXPIRES 1.31 2000 RATE INFORMATION (1) Lowest classified rate paid by commercial users or comparable space aximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 2 55 per line $ 6 20 per line $ 1 24 per line (City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2118-98 AN ORDINANCE RELATING TO THE SALE OF TOBACCO PRODUCTS; AMENDING SECTION 19-1968 (2)(d), CRIMINAL PENALTY; and SECTION 13-1368 (3) CIVIL, PENALTY SUMMARY: This ordinance exempts persons under the age of eighteen from a c immal penalty when stocking or selling tobacco while employed by a licensed retail tobac- co business and provides for an administrative penalty for selling tobacco to a minor EFFECTIVE DATE: This ordinance shall become effec- tive fifteen days after publication = Adopted by the City Council May 4, 1998 Is/ Gail Dorfman Mayor The full text of this ordinance is available with the Citylerk) (May 13, 1998) A3/Cty SLP Ord 42118-98