HomeMy WebLinkAbout2348-08 - ADMIN Ordinance - City Council - 2008/01/07ORDINANCE NO. 2348-08
ORDINANCE AMENDING CHAPTER 8 SUBDIVISION X
OF THE ST. LOUIS PARK QTY CODE CONCERNING
TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA ORDAINS:
Section 1. Section 8-378 of the St. Louis Park City Code is amended to read as follows:
Sec. 8-378. Violation; penalty.
(a) Generally Any violation of this subdivision shall be grounds to revoke or suspend a license
under this subdivision.
(b) Cnninal penalty As set forth in M.S.A. ch. 609, it shall be a:
(1) Misdemeanor for anyone to sell tobacco or tobacco -related products to a person under the
age of 18 years for the first violation. Whoever violates this subdivision a subsequent time
within five years of a previous conviction under this subdivision is guilty of a gross
misdemeanor.
(2) Misdemeanor to furnish tobacco or tobacco related devices to a person under the age of
18 years. Whoever violates this paragraph a subsequent time is guilty of a gross
misdemeanor.
(3)
Petty misdemeanor for anyone under the age of 18 years to possesses. smoke. chew. or
otherwise ingest. purchase. or attempt to purchase tobacco related products.
(4) Petty misdemeanor for anyone under the age of 18 years to sell, fumish or give away any
tobacco related products. This subsection shall not apply to an employee of the license
holder under the age of 18 years while such employee is stocking tobacco related products.
(c). Prnsumsd penalties for Viclatzons: The presumed penalties for violations are as follows (unless
specified, numbers below indicate consecutive business days' suspension):
Ordinance No. 2348-08
-2-
i,
Type, of Violation . `"�
4 `1st
Violations
'2nd' - _
.. ' ,add , �w '
, �,. 4th - �'�
z Violation"
` Violation '
'Violation i
,` = „,
Fwithin
- within
within
': 36•months '
36 months
36 months '~
L Commission of a felony related to the
Revocation
N/A
N/A
N/A
licensed activity.
2. Sale of tobacco while license is under
Revocation
N/A
N/A
N/A
suspension.
3. Sale of tobacco to underage person:
$250
$750
$2,000
Revocation
and 1 day
and 3 days
4. Refusal to allow government
5 dales,
15 days
Revocation
N/A
inspectors or police admission to
inspect premises.
5. Ilial gambling on premises.
3 da vs
6 days
18 days
Revocation
6. Failure to attend mandatory
$250
$750 and
$2,000 and
Revocation
education training
1 day
3 dans
The penalty for violations without a presumptive penalty shall be determined by the City
Council. The imposition of the presumptive penalty shall be a written notice to the licensee and may
be appealed through an administrative hearing process as set by 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 manager's decision.
(d). Multzpk =lotions: At a licensee's first appearance before the Council, the Council must act
upon all of the violations that have been alleged in the notice sent to the licensee. The Council in
that case must consider the presumptive penalty for each violation under the first appearance
column in subsection (B) above. The occurrence of multiple violations is grounds for deviation
from the presumed penalties in the Council's discretion.
(e). Subsequent nidations: Violations occurring after the notice of hearing has been mailed, but
prior to the hearing, must be treated as a separate violation and dealt with as a second appearance
before the Council, unless the City Manager and licensee agree in writing to add the violation to the
first appearance. The same procedure applies to the second, third, or fourth appearance before the
Council.
(f). Subsequent appearances: Upon a second, third, or fourth appearance before the Council by the
same licensee, the Council must impose the presumptive penalty for the violation or violations
giving rise to the subsequent appearance without regard to the particular violation or violations that
were the subject of the first or prior appearance. However, the Council may consider the amount of
time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by
this Section.
Ordinance No. 2348-08 -3-
(g). Confutation of zialations: Multiple violations are computed by checking the time period of the
three (3) years immediately prior to the date of the most current violation.
(h).Other penalties: Nothing in this Section shall restrict or limit the authority of the Council to
suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand
dollars ($2,000.00), to impose conditions, or take any other action in accordance with law: provided,
that the license holder has been afforded an opportunity for a hearing in the manner provided in this
Chapter.
(i). Additional Ragrdmmnts. In addition to civil penalties, every licensee that has been found in
violation of this Chapter must enter into and complete an education training program approved by
the City's Police Department.
(g) 0). Exc ptiors and defenses. Nothing in this subdivision 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 a violation of this subdivision for a person to
have reasonably relied upon proof of age as set forth by state law.
Section 2 This ordinance shall take effect fifteen days after its publication.
First Reading
December 17, 2007
Second Reading
January 7, 2008
Date of Publication
January 17, 2008 -
i' Date Ordinance takes effect
February 1, 2008
Revie ' ed . r Administration:
II.11w11,1
Attest:
Added by the City Council January 7, 2008
Ap
rt%
to form and execution:
(A,
City Attorney
i
o
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
St Louis Park Sun -Sailor
and has full knowledge of the facts stated
below
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn Stat §331A 02, §331A 07,
and other applicable laws as amended
(B) The printed public notice that is attached
was published in the newspaper once
each week, for _ one successive
week(s), it was first published on Thurs-
day, the 17 day of January
2008, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2008, and printed
below is a copy of the lower case alpha-
bet 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
abcdefgh lkimnopgrstuvwxyz
Subscribed and sworn to or affirmed
before me on this 17 day of
January 2008
Notary Public
MARY ANN CARLSON
NOTARY PUBUC — MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by
0 commercial users $ 2 85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6 20 per line
(3) Rate actually charged
$ 1 30 per line
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO 2348-08
ORDINANCE AMENDING CHAPTER 8 SUBDIVISION
X OF THE ST LOUIS PARK CITY CODE
CONCERNING TOBACCO PRODUCTS AND
TOBACCO RELATED DEVICES
This ordinance relates to amendments to Chapter 8 Subd
X, Section 8-378 of the St Louis Park Municipal Code con-
cerning tobacco licensing violations and penalties
This ordinance shall take effect 15 days after publication
Adopted by the City Council January 7, 2008
Jeffrey W Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for in-
spection with the City Clerk
Published in St Louis Park Sailor January 17, 2008
(Jan 17, 2008)a3 -Ord 2348-08