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Home My WebLink About2521-17 - ADMIN Ordinance - City Council - 2017/07/17ORDINANCE NO. 2521-17 ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARI{ CITY CODE RELATING TO TOBACCO THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 8-374(a) of the City Code shall be amended to read as follows: (a) It shall be a violation of this subdivision for any person to sell or offer to sell any tobacco, tobacco -related device or electronic delivery device: (1) To any person under the age of 4-821 years. (2) By means of any type of vending machine. (3) By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco -related device or electronic delivery device. All such products shall be stored behind a counter or other area not freely accessible to customers. (4) 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, tobacco -related devices or electronic delivery devices. (5) By any other means or to any other person prohibited by federal, state or other local laws, ordinances or other regulations. SECTION 2. Section 8-377 of the City Code shall be amended to read as follows: Sec. 8-377. Illegal acts. Unless otherwise provided in this subdivision, the following acts shall be a violation of this subdivision: (1) illegal possession. 4 ,;hall ba a- violation of this subdivision for any inortopesses-s arty baeco, ♦ haeee related d Blest, e. delivery device.This h r' b 11 r 1nofs 1 fa ll ..1. ed pl: eheek behalf f rr � of the eity. Repealed (2) illegal use. It shall -be a vio-lation f this subdivision F any minor to smoke ,.hem sniff or other -wise use any tobacco, tobacco r-elateddevice of electronic delivery device. Repealed (3) Illegal procurement. It shall be a violation of this subdivision for any nsiner ep rson to purchase or attempt to purchase, or otherwise obtain, any tobacco, tobacco -related device or electronic delivery device on behalf of a person under the age of 21 years.; .l it shall be 1 f of this subdivision f aay person to purchase or other::`: obtainsuch iterAS on h h l f of • a-mmer—At shall also be a violation of this subdivision for any person to sell or otherwise provide such products to any minor- the inor the age of 21 years. It shall be a violation of this subdivision for any person to coerce or attempt to coerce a mine person under the age of 21 years to illegally purchase or otherwise obtain or use any tobacco, tobacco -related device or electronic delivery Ordinance No. 2521-17 -2- (4) Use of false identification. It shall be a violation of this subdivision for any rntner person under the age of 21 years 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 minor -person. SECTION 3. Section 8-378(b) of the City Code shall be amended to read as follows: (b) Criminal penalty. As set forth in M.S.A. ch. 609, it shall be a: (1) Misdemeanor for anyone to sell tobacco, atobacco-related device or electronic delivery device to a person under the age of 4521 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, a tobacco -related device or electronic delivery device to a person under the age of 4-821 years. Whoever violates this paragraph a subsequent time is guilty of a gross misdemeanor. (3) Pettymisdemeanor for n nde the of 14 .,.s whpossesses, smokes, chews, or otherwise ingests, pufehases, or attempts to ptifehase tobacco, a tobaeoe related de...,., OF electronic delivery device. Repealed (4) Petty misdemeanor for anyone under the age of 4-821 years to sell, furnish or give away any tobacco, tobacco -related device or electronic delivery device. This subsection shall not apply to an employee cf the feense holder under the age of 18yeafs while sue employee is stee ii+g such .products a person age 18-20 years while working employee of a business holding a licenserg anted pursuant to this Subdivision. SECTION 4. Section 8-378(c) of the City Code shall be amended to read as follows: (c) presumed penalties for Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive business days' suspension): Type of Violation 1st 2nd 3rd 4th Violation Violation Violation Violation within within within 36 months 36 months 36 months 1. Commission of a felony related to the licensed activity. Revocation N/A N/A N/A 2. Sale of tobacco, tobacco -related device or electronic delivery device Revocation N/A N/A N/A while license is under suspension. Ordinance No. 2521-17 -3- 3. Sale of tobacco, tobacco -related June 26, 2017 $7-5g1_,000 $2,000 Date of Publication device or electronic delivery device $258500 and 1 day and -3 30days Revocation to underage person. 4. Refusal to allow government inspectors or police admission to 5 days 15 days Revocation N/A inspect premises. 5. Illegal gambling on premises. 3 days 6 days 18 days Revocation 6. Failure to attend mandatory $250 $750 and $2,000 and Revocation education training. 1 day 3 days SECTION 5. Section 8-3780) of the City Code shall be amended to read as follows: (j) Exceptions and defenses. Nothing in this subdivision shall prevent the providing of tobacco, tobacco products or tobacco related devices to a miner -person under thea age of 21 years 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 6. This Ordinance shall take effect following its passage and publication on October 1, 2017. First Reading June 26, 2017 Second Reading July 17, 2017 Date of Publication July 27, 2017 Date Ordinance takes effect October 1, 2017 Administration City Manager Attest: Me i a Kennedy, C' y Clerk Adopted by City Council July 17, 2017 Approved as to Form and Execution: Soren Mattick, City Attorney AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SS St Louis Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN 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 asprovided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 07/27/2017 and the last insertion being on 07/27/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). if the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 07/27/2017 by Charlene Vold. m PAC"( Pi4,. Notary Public r DARLENE MARIE MACPHERS0N Notary Publlc -Minnesota S My Commission Expires Jan 31,2010 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 714188 CITY OF ST. LOUIS PARK SUMMARY FOR PUBLICATION ORDINANCE NO. 2521-17 ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CITY CODE RELATING TO TOBACCO This ordinance amends the to- bacco provisions for the City of St. Louis Park. It increases the mini- mum age of individuals to whom tobacco may be sold or for whom tobacco may be procured from 18 to 21 years of age. It increases the fine for first and second violations of the prohibition on sales to under- age persons, and for the third vio- lation increases license suspension to 30 days for tobacco sales. This ordinance shall take effect October 1, 2017. A printed copy of the entire ordi- nance is available for inspection by any person during the City Clerk's regular office hours. Adopted by the City Council July 17,2017 Jake Spano /s/ Mayor Published in the St. Louis Park Sun Sailor July 27, 2017 714188 RECEIVED JUL 31 2017 OF THE CITY