HomeMy WebLinkAbout2454-14 - ADMIN Ordinance - City Council - 2014/09/02ORDINANCE NO. 2454-14
AN ORDINANCE RELATING TO PROPERTY MAINTENANCE INSPECTIONS,
BUSINESS LICENSE APPLICATIONS, TOBACCO PRODUCT AND
MASSAGE THERAPY LICENSING PROVISIONS,
AMENDING CHAPTERS 6 AND 8 OF THE ST. LOUIS PARK
CODE OF ORDINANCES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Section 6-177 is amended by adding the following subsection:
(c) Fee Reduction. If the Applicant provides proof that the Buyer will be demolishing
the structure or building, the applicable fee shall be reduced by fifty percent (50%).
SECTION 2. Section 6-178 is amended by adding the following subsection:
(c) Exception. If the Applicant provides proof that the Buyer will be demolishing the
building or structure, an inspection will not be required if the Buyer at the time of
plication enters into a Temporary Property Maintenance Certificate and Escrow
Agreement with the City pursuant to Section 6-180.
SECTION 3. Section 8-1 is amended to replace the definitions of "tobacco and tobacco
products" and "tobacco related devises" with the following definitions:
"Tobacco" means cigarettes and any product containing, made, or derived from tobacco
that is intended for human consumption, whether chewed, smoked, absorbed, dissolved,
inhaled snorted sniffed, or ingested by any other means, or any component, part, or
accessory of a tobacco product, including but not limited to cigars; cheroots; stogies;
perique• granulated plug cut crimp cut ready rubbed and other smoking tobacco,• snuff,
snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps clippings, cuttings and sweepings of tobacco; and other kinds and forms of
tobacco. Tobacco excludes any tobacco product that has been approved by the United
States Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco -
dependence product, or for other medical purposes, and is being marketed and sold solely
for such an approved purpose.
"Tobacco -related devices" means cigarette papers or pipes for smoking or other devices
intentionally designed or intended to be used in a manner which enables the chewing,
sniffing smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco -related
devices include components of tobacco -related devices which may be marketed or sold
separately.
"Electronic delivery device" means any product containing or delivering nicotine, lobelia,
or any other substance intended for human consumption that can be used by a person to
simulate smoking in the delivery of nicotine or any other substance through inhalation of
vapor from the product. Electronic delivery device includes any component part of a
product whether or not marketed or sold separately. Electronic delivery device does not
include any product that has been approved or certified by the United States Food and Drug
Administration for sale as a tobacco -cessation product, as a tobacco -dependence product,
or for other medical purposes and is marketed and sold for such an approved purpose.
Ordinance No. 2454-14 -2-
SECTION 4. Section 8-191 is amended by adding the following subsection:
(c) The application must include the current designated management agent and contact
information. If at any time during the license period there is a change in the agent,
the Applicant must contact the city and update the name and contact information.
SECTION 5. Section 8-297(d) is amended to read as follows:
(d) The applicant or designated management agent for an annual license will be
required to provide a copy of a current Minnesota or Wisconsin state government
issuedicp ture identification or driver's license and complete a license application
addendum and authorization for a background check to be completed by the city.
SECTION 6. Section 8-303(b) is amended to read as follows:
(b) The applicant for an annual license will be required to provide a copy of a current
Minnesota or Wisconsin state government issuedip cture identification or driver's
license and complete a license application addendum authorizing the e4 to
eonduetand authorization for a erin l—background im,estigatietrcheck to be
completed b thy.
SECTION 7. Section 8-372 (a) and (b) shall be amended to read as follows:
(a) No person shall sell or offer to sell any tobacco, tobacco =related
device or electronic delivery device without first having obtained a license to do so
from the city.
(b) No license shall be issued for the sale of tobacco, tobacco preduets or t,.w,.eea -
related devicesdevice or electronic delivery device at any place other than the
applicant's place of business. No license shall be issued for a moveable place of
business; nor shall any single license be issued f r twe ..,.le of teha,,,., t,.w,., ee
at more than one place of business.
SECTION 8. Section 8-373 (2) and (3) shall be amended to read as follows:
(2) The applicant has been convicted of any violation of a federal, state or local law,
ordinance or other regulation relating to tobacco, tobacco _
related devices, electronic delivery devices or drug paraphernalia.
(3) The applicant has had a license to sell tobacco, tobacco -related
devices or electronic delivery devices revoked.
SECTION 9. Section 8-374 (a) (3) and (4) 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 predust or- tebaece-related device or electronic delivery device:
(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, tobacc -related device. or
electronic delivery device. All tsbasse relatedsuch products shall be stored behind
a counter or other area not freely accessible to customers.
Ordinance No. 2454-14 -3-
(4) Containing opium, morphine, jimsonweed, belladonna, strvchnos, 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
SECTION 10. Section 8-375 shall be amended to read as follows:
actions of their employees
in regard to the sale of tobacco, tobacco -related devices or electronic
delivery devices on the licensed premises, and the sale of tobLee, iobaeeosuch products -or
by an employee shall be considered a sale by the licensed owner.
SECTION 11. Section 8-376 shall be amended to read as follows:
All premises licensed under this subdivision 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 premises to attempt to purchase tobacco, tobacco
preduets er•tebasso -related devices or electronic delivery devices.
SECTION 12. Section 8-377 (1), (2) and (3) shall be amended to read as follows:
(1) Illegal possession. It shall be a violation of this subdivision for any minor to
possess any tobacco, tobacco -related device or electronic
delivery device. This subsection 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 subdivision for any minor to smoke, chew,
sniff or otherwise use any tobacco, tobacco related device or
electronic delivery device.
(3) Illegal procurement. It shall be a violation of this subdivision for any minor to
purchase or attempt to purchase, or otherwise obtain, any tobacco, tobaccopredaet
or tehaeeo -related device or electronic delivery device, and it shall be a violation of
this subdivision for any person to purchase or otherwise obtain such items on behalf
of a minor. It shall also be a violation of this subdivision for any person to sell or
otherwise provide any tobaeoe, tobaeoe produet or tobaraeo related devii such
product s to any minor. It shall be a violation of this subdivision for any person to
coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use
any tobacco, tobacco pfed sts of tobaeoo -related device or electronic delivery
device. This subsection shall not apply to minors lawfully involved in a
compliance check on behalf of the city.
SECTION 13. Section 8-378 (b) (1), (2) (3) and (4) and (c) 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 -erg tobacco -related predastsdevice or
electronic delivery device 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.
Ordinance No. 2454-14 -4-
(2) Misdemeanor to furnish tobacco -erg tobacco -related devieesdevice or electronic
delivery device 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 who possesses, smokes,
chews, or otherwise ingests, purchases, or attempts to purchase tobacco, a tobacco -
related preduetsdevice or electronic delivery device.
(4) Petty misdemeanor for anyone under the age of 18 years to sell, furnish or give
away any tobacco, tobacco -related predttotsdevice or electronic delivery device.
This subsection shall not apply to an employee of the license holder under the age
of 18 years while such employee is stocking tebacen relatedsuch products.
(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 Violation
2nd
3rd
4th
Violation
Violation
Violation
within
within
within
36 months
36 months
36 months
1. Commission of a felony related to
Revocation
N/A
N/A
N/A
the licensed activity.
2. Sale of tobacco, tobacco -related
Revocation
N/A
N/A
N/A
device or electronic delivery device
while license is under suspension.
3. Sale of tobacco, tobacco -related
$250
$750
$2,000
Revocation
device or electronic delivery device
and 1 day
and 3 days
to underage person.
4. Refusal to allow government
5 days
15 days
Revocation
N/A
inspectors or police admission to
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
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.
Ordinance No. 2454-14 -5-
SECTION 14. This Ordinance shall take effect fifteen (15) days after its passage and
( publication.
First Reading
August 18, 2014
Second Reading
September 2, 2014