HomeMy WebLinkAboutOrdinance - 4-95 - Amending City Code Chapter 5, Sec. 5.35 & Sec. 5.99 (Tobacco) - 02/21/1995 }
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 4 95
AN ORDINANCE .OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 5 BY AMENDING SECTION 5 .35, SUBD. 2 . AND AMENDING
SUBD. 5 . B. , 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, MINNESOTA, ORDAINS:
Section 1. The Eden Prairie City Code shall be amended by
amending Section 5 .35, Subd. 2, as follows :
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. "Single-pull alarm dispensing system" means a self
service merchandising system of display racks equipped
with clear shields that allow the removal by an adult
customer of a single carton of cigarettes and an audible
alarm or chime which is activated each time a carton of
cigarettes is removed from a display rack of the self
service merchandising system.
D. "Tobacco-related products" means cigarette, cigars,
cheroots, stogies, perique, granulated, plug-cut, crimp-
cut, ready, rubbed and other smoking tobacco; snuff,
snuff flowers, 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 .
E. "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 .
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Section 2 . The Eden Prairie City Code shall be amended by
amending Section 5 .35, Subd. 5 . B. , as follows :
Subd. 5. Prohibited Sales.
B. No person shall sell or dispense any tobacco-related
product through the use of vending machines or self-
service merchandising, provided however, this shall not
prohibit the sale or dispensing of cigarette cartons
through the use of a single-pull alarm dispensing system
located within ten feet (10 ' ) of the sales counter and in
the plain view of a responsible adult employee. "
Section 3 . City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty 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 from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the �1 day of kbraaru , 1995,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the —_ day of
(n arch 1995 .
C ' y erk Mayor
PUBLISHED in the Eden Prairie News on the y?3_ day of
1995 .
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CITY OF EDEN PRAIRIE
Hennepin County, Minnesota
ORDINANCE NO. 4 - 95
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 5 BY AMENDING SECTION 5.35, SUBD. 2., AND AMENDING
SUBD. 5.B., AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
Summary: This Ordinance amends a section of the City Code regulating the retail sale of
tobacco-related products. It allows licensees to use "single-pull alarm dispensing systems" to
sell cartons of cigarettes. The Ordinance defines such systems, and requires that they be
placed within ten feet of a sales counter and in the plain view of a responsible adult
employee.
Effective Date: This ordinance is effective upon its publication in the official City
newspaper.
Adopted by the City Council on March 7, 1995
Attest:
/s/ John D. Frane, City Clerk /s/ Dr. Jean L. Harris. Mayor
(A copy of the full text of this Ordinance is available from the Office of the City Clerk.)
Published in the Eden Prairie News March 48, 1995
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
CITY OF EDEN PRAIRIE County of Hennepin )
H=wj)in CDUnty,Mk=&Ota Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
ORDINANCE NO.4-95 of the newspaper known as the Eden Prairie News and has full lmowledge of the facts herein
AN ORDINANCE OF THE stated as follows:
CITY OF EDEN PRAIRIE, (A)This newspaper has complied with the requirements constituting qualification as a legal
MINNESOTA,AMENDING newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
CITY CODE CHAPTER 5 amended.
BY AMENDING SECTION 5.35,SUBD.2.,AND (B)The printed _public notice that is attached to this Affidavit and identified as No._�
AMENDING SUBD.S.B., was published on the date or dates and in the newspaper stated in the attached Notice,and said
AND ADOPTING BY Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of
REFERENCE CITY CODE the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
CHAPTER 1 AND SECTION inclusive,and is hereby acknowledged as being the kind and size of type used in the co m osition
5.99 WHICH,AMONG and publication of the Notice:
OTHER THINGS,CONTAIN
PENALTY PROVISIONS abcdefghijkhnno qrs
Summary:This Ordinance amends a
section of the City Code regulating the
retail sale of tobacco-related products.It
allows licensees to use"single-pull alarm. BY=
dispensing systems" to sell cartons of Sta'rr`Rolfsrud'Q&mfra1 Manager
cigarettes.The Ordinance defines such
systems,andrequires thatthey beplaced
within ten feet of a sales counter and in Subscribed and sworn before me on
the plain view of a responsible adult
employee. GWEN M. RADUENZ
Effective Date: This ordinance is rtt� NOTARY PUBUO—NIINNESOTA
effective upon its publication in the offi- this cJ —day of 1995 _ n N1Y COMMISSION IXPIRES 1-31 00
cial City newspaper.
Adopted by the City Council on March
7,1995
Attest:
/s/John D.Frane, Rotary Public
City Clerk
/s/Dr.Jean L.Harris,
Mayor
(A copy of the full text of this Ordinance'
is available from the Office of the Ci y
Clerk.)
(Published in the Eden Prairie News on
Thursday,March 23,1995;.No.7245)
RATE INFORMATION
Lowest classified rate paid by commercial users forcomparable space...$12.80 percolumn inch
Maximum rate allowed by law for the above matter..........................$12.80 per column inch
Rate actually charged for the above matter........................................ $7.30 per column inch