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Home My WebLink AboutOrdinance - 21-94 - Tobacco Section 5.03 & 5.35 - 05/17/1994 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2 1= 9 4 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 5.03 ENTITLED "ACTION ON APPLICATION, TRANSFER, TERMINATION AND DUPLICATE LICENSE"BY AMENDING SUBD.5,AND AMENDING SECTION 5.35 ENTITLED"TOBACCO"BY AMENDING SUBD. 1,2 AND 3 AND ADDING SUBD. 4 THROUGH 8 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA ORDAINS: Section 1. City Code Section 5.03, Subd. 5 is amended to read as follows: "Subd. 5. RefusaI, Revocation and Suspension. The Council may, for any reasonable cause,refuse to grant any application,revoke or suspend any license. No license shall be granted to a person of questionable moral character or business reputation. Before the revocation or suspension of any license, the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. Section 2. City Code Section 5.35 is amended to read as follows: "SECTION 5.35. TOBACCO. Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease and various other medical disorders. It is further the finding of the City Council that the present legislative scheme of prohibiting sales of tobacco-related products to persons under eighteen(18)years of age has proven ineffective in preventing such persons from using tobacco-related products. The City Council has concluded that minors have ready access to self-service merchandising, including vending machines, which sell tobacco-related products and that the prohibition of the sale or dispensing of tobacco-related products through self-service merchandising, including vending machines, will thereby promote the health, safety and welfare of the residents of the City, particularly those residents under eighteen(18)years of age. The City Council has further concluded that the prohibition of the sale of tobacco-related products by persons under eighteen(18)years of age will promote the health, safety and welfare of the residents of the City. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "Movable Place of Business" means a business whose physical location is not permanent or is capable of being moved or changed. B. "Self-Service Merchandising" means a method of displaying tobacco- related products so that they are accessible to the public without the intervention of an employee. C. "Tobacco-related Products" means cigarettes, cigars, cheroots, stogies, perique, granulated, plug-cut, crimp-cut, ready, rubbed and other smoking tobacco; snuff, snuff flower, cavendish, plug and twist tobacco; fine cut and other chewing tobacco; shorts, refuse, scripts, clippings, cuttings, and sweepings of tobacco prepared in such a manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco- related devices, and butane lighters and fluids. D. "Vending Machine" means any mechanical, electric or electronic, self- service device which, upon inserting money, tokens or any other form of payment, dispenses tobacco products and including vending machines equipped with manual, electric or electronic locking devices. Subd. 3. License Required. A. No persons shall keep for retail sale, sell at retail or otherwise dispose of any tobacco-related product at any place in the City without first obtaining a license therefore from the City. No license shall be issued for the sale of tobacco-related products at a movable place of business. B. Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any person upon request. Subd. 4. License Fees. All license fees provided for in this Chapter for the sale of tobacco-related products shall be fixed and determined by the Council, adopted by resolution and uniformly enforced. Such fees, may, from time to time be amended by council resolution. A copy of the resolution shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. The annual license shall be effective for one year from the date of approval and such license shall be renewed annually on the anniversary date of such approval. Subd. 5. Prohibited Sales. A. No person shall sell, offer for sale, give away, furnish, or deliver any tobacco-related product to any person under eighteen (18) years of age. B. No person shall sell or dispense any tobacco-related product through the use of vending machines or self-service merchandising. C. No person under eighteen (18) years of age shall sell tobacco-related products. Subd. 6. Revocation or Suspension of License. Upon finding that a licensee of any license granted pursuant to this Chapter has failed to comply with any applicable statute,regulation or ordinance relating to the sale or use of tobacco-related products, the Council may either revoke the license or suspend the license. Subd. 7. Penalties. A. The penalty provisions prescribed in Section 5.99 of this Code shall apply to violations of this Section. B. It shall be a petty misdemeanor for anyone under eighteen (18) years of age to use, purchase, attempt to purchase, or possess tobacco-related products. Subd. 8. Exception. A person under eighteen (18)years of age who purchases or attempts to purchase tobacco-related products while under the direct supervision of a responsible adult for training, education, research or enforcement purposes shall not be subject to the penalties imposed by Subd. 7 of this Code. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalties for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective after its passage and publication. FIRST READ at a meeting of the City Council of the City of Eden Prairie on the /7'/` day of AIAU 1 1994, and finally read and adopted and ordered published at a meeting of the City Council of said City on the 14'th day-of dune. , 1994. ATTEST: City erk Mayor PUBLISHED in the Eden Prairie News on the 36 day of 1994. fhd\edenprairie\tobacco\ordinancelb Summary for Publication CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO-2 1 - 9 4 - AN ORDINANCE OF THE CITY OF MEN PRAIRIE, ME INESOTA, AMENDING CITY CODE SECTION 5.03 ENTITLED "ACTION ON APPLICATION, TRANSFER, TERMINATION AND DUPLICATE LICENSE," BY AMENDING SUBD. 5, AND AMENDING SECTION 5.35 ENTITLED "TOBACCO," BY AMENDING SUBD. 1, 2 AND 3, AND ADDING SUBD. 4 THROUGH 8 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, ORDAINS: Summary: This ordinance adds regulations regarding the sale of tobacco-related products. Among its major provisions, this ordinance: *Explicitly states the Council's authority to refuse to grant any license application, and revoke or suspend any license. Suspension or revocation may occur only after a hearing for the licensee. *Prohibits the use of vending machines or self-service merchandising for tobacco products. *Prohibits persons under 18 years of age from selling tobacco-related products. *Includes butane lighters and fluids in the definition of tobacco-related products. Effective Date: This ordinance shall become effective after its passage and publication. Adopted , 1994 Attest: /s/ John D. Frane, City Clerk /s/ Douglas B. Tgnpas, Mayor Published in the Eden Prairie News , 1994 (A full copy of this ordinance is available from the City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) CITY OF EDEN PRAIRIE )SS. HENNEPIN COUNTY,MINNESOTA County of Hennepin ) ORDINANCE NO.21-94 AN ORDINANCE OF THE CITY Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher OF EDEN PRAIRIE, MINNESOTA, of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein AMENDING CITY CODE SECTION stated as follows: 5.03 ENTITLED"ACTION ON APPLI- (A)This newspaper has complied with the requirements constituting qualification as a legal CATION, TRANSFER, TERMINA- newspaper.as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as TION AND DUPLICATE LICENSE," amended. BY AMENDING SUBD. 5, AND AMENDING SECTION 5.35 EN- (B)The printed public notice that is attached to this Affidavit and identified as No. �f0/ TITLED "TOBACCO," BY AMEND- was published on the date or dates and in the newspaper stated in the attached Notice,and said ING SUBD.1,2 AND 3,AND ADDING Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of SUBD.4 THROUGH 8 AND ADOPT- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both ING BY REFERENCE CITY CODE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition CHAPTER 1 AND SECTION 5.99 and publication of the Notice: WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. abcdefghijklmn q t THE CITYCOUNCILOFTHECITY OF EDEN PRAIRIE, HENNEPIN COUNTY,MINNESOTA,ORDAINS: Summary: This ordinance adds Bv: regulations regarding the sale of tobacco- V Stan Roifsru ,General It a alter related products.Among its majorprovi- sions,this ordinance: *Explicitly states the Council's au- Subscribed and sworn before me on thority to refuse to grant any license application, and revoke or suspend any r w"ti;,� GWECI III.RADUENZ license. Suspension or revocation may 10TRRYPUBLIC-tl,INNESOTA occur only after a hearing for the lic- this day of , 1994 SCOTTCOUPITY ensee. ..� My Csrnrr ien Expire?F&24,1599 *Prohibits the use of vending ma- ": hotT�scti+ssevaa+�ea>a� chines or self-service merchandising for tobacco products. *Prohibits persons under 18 years of otary Public age from selling tobacco-related prod- ucts. *Includes butane lighters and fluids in the definition of tobacco-related prod- ucts. Effective Date:This ordinance shall become effective after its passage and publication. Adopted_,1994 Attest: /s/John D.Frane City Clerk Is/Douglas B.Tenpas Mayor RATE INFORMATION (A full copy of this ordinance is available from the City Clerk.) Lowest classified rate paid by commercial users for comparable space...S 11.20 per column inch (Published in the Eden Prairie News on Thursday,June 30,1994;No.7101) Maximum rate allowed by law for the above matter ......................... S11.20 per column inch Rate actually charged for the above matter....................................... S6.89 per column inch