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HomeMy WebLinkAboutOrdinance - 54-97 - Amending City Code Sec. 5.35 Tobacco - 10/07/1997 CITY OF EDEN PRAIRIE ORDINANCE NO. 54-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MWNESOTA, AMENDING CITY CODE SECTION 5.35, SUBD. 2.D. DEFINING "TOBACCO-RELATED PRODUCTS"; SUBD. 4, RELATING TO LICENSES AND FEES; SUBD. 5.B. RELATING TO PROHIBITED SALES; SUBD. 6 PROVIDING ADMINISTRATIVE PENALTIES, REVOCATION OR SUSPENSION OF LICENSE; AND SUBD. 7.A. RELATING TO PENALTIES, ADDING SUBD. 9 PROVIDING A DEFENSE AND ADOPTING CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.35, Subd. 2.D. is amended as follows: Subd. 2. Definitions. D. "Tobacco-related products" means cigarettes; 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 ldnds and forms 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. Section 2. City Code Section 5.35, Subd. 4 is amended as follows: Subd. 4. License Fees and Issuance. Fees for a license for the sale of Tobacco-related products shall be fixed and a license may be issued in accordance with the provisions of this Chapter. Section 3. City Code Section 5.35, Subd. 5.B. is amended as follows: Subd. 5. Prohibited Sales. B. A licensee may sell tobacco-related products only in a direct face-to-face exchange between the licensee and the consumer. No person shall sell or dispense any tobacco-related product through the use of vending machines or self-service merchandising. Section 4. City Code Section 5.35, Subd. 6 is amended as follows: Subd. 6. Administrative Penalties, Revocation or Suspension of License. A. If a licensee or employee of a licensee sells tobacco, as defined in Minnesota Statutes, Section 609.685, Subdivision 1, to a person under the age of 18 years, or violates any other provision of Minnesota Statutes, Chapter 461, the licensee shall be charged an administrative penalty of$75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. B. An individual who sells tobacco, as defined in Minnesota Statutes, Section 609.685, Subdivision 1, to a person under the age of 18 years must be charged an administrative penalty of$50. C. No suspension or penalty may be imposed until the licensee or individual sought to be charged pursuant to A. or B. of this subdivision has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Manager or his designee. A decision that a violation has occurred must be in writing. D. In addition to the penalties described in A. hereof, upon finding that a licensee, granted pursuant to this Section has failed to comply with any applicable statute, regulation or ordinance relating to the sale or use of tobacco-related products, or has failed to pay the amount of any penalty imposed pursuant to A. of this Subd. within 10 days after notice in writing of the decision to impose a penalty, the Council may either revoke the license or suspend the license. Section 5. City Code Section 5.35, Subd. 7.A. is amended as follows: Subd. 7. Penalties. A. In addition to the penalties provided in Subd. 6 hereof, the penalty provisions prescribed in Section 5.99 of this Code shall apply to violations of this Section. Section 6. City Code Section 5.35, is amended by adding Subd. 9 as follows: Subd. 9. Defense. It is an affirmative defense to the charge of selling tobacco-related products to a person under the age of 18 years in violation of this section that the licensee or individual making the sale relied in good faith upon proof of age by (1) a valid drivers license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or (3) in the case of a foreign national, from a nation other than Canada, by a valid passport. Section 7. City Code Section 5.35, Subd. 2.C. is repealed. Section 8. Misdemeanor. 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 9. 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 day of 1997, and finally read and adopted and ordered published, at a regular meeting of the City Council of said City on the alsr day of ker , 1997. ATTEST: City ayo err 4 PUBLISHED in the Eden Prairie News on the day of 1997. CITY OF EDEN PRAIRIE ORDINANCE NO.54-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 5.35, SUBD. 2.D. DEFINING "TO- BACCO-RELATED PRODUCTS"; SLED. 4, RELATING TO LICENSES AND FEES; SUBD. 5.B. RELATING TO PROHIBITED SALES; SUBD. 6 PROVIDING ADMINISTRATIVE PENALTIES,REVOCATION OR SUS- PENSION OF LICENSE;AND SUBD. Affidavit of Publication 7.A. RELATING TO PENALTIES, ADDING SUBD. 9 PROVIDING A Southwest Suburban Publishing DEFENSE, REPEALING SUBD. 2.C. DEFINING "SINGLE-PULL ALARM DISPENSING SYSTEM," AND ADOPTING CITY CODE CHAPTER 1 State of Minnesota ) AND SECTION 5.99 WHICH AMONG OTHER THINGS, CONTAINS PEN- )SS. ALTY PROVISIONS. County of Hennepin THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Section 1. City Code Section 5.35, Subd. Stan Rolfsrud,beingdulysworn,on oath says that he is the authorized agent of the publisher of Subbd.d.2. Definitions. the newspaperamended as follows: known as the Eden Prairie News and has full knowledge of the facts herein stated D."Tobacco-related products"means as follows: cigarettes; cigars; cheroots; stogies; pe- (A)This newspaper has complied with the requirements constituting qualification as a legal rique;granulated,plug-cut,crimp cut,ready newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as rubbed and other smoking tobacco;snuff; amended. snuff flour;Cavendish;plug and twist to- � bacco;fine cut and other chewing tobac- (B)The printed public notice that is attached to this Affidavit and identified as No. cos;shorts;refuse scraps,clippings,cut- was published on the date or dates and in the newspaper stated in the attached Notice and said tings,and sweepings of tobacco;and other Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of kinds and forms of tobacco,prepared in the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both such amanneras to be suitable forchewing, inclusive,and is hereby acknowledged as being the kind and s' f type used in the composition sniffing or smoking in apipe,rolling paper and publication of the Notice: or other tobacco-related devices and bu- tane lighters and fluids. abcdefghijkhnnopgrstu z Section 2. City Code Section 5.35, Subd.4 is amended as follows: Subd.4. License Fees and Issuance. B . Fees for a license for the sale of Tobacco- related products shallbefixed and alicense Stan Rolfsrud,General Manager may be issued in accordance with the or his designated agent provisions of this Chapter. Subscribed and sworn before me on Section 3. City Code Section 5.35, Subd.5.B.is amended as follows: Subd.5. Prohibited Sales. B.A licensee may sell tobacco-related da of products only in a direct face-to-face ex- this Y , 1997 "` change between the licensee and the con- G=FRADPU�!ENZM. NZtigTS0TAtrYC 1-a,-coSumer. No person shall sell or dispense any tobacco-related product through the use of vending machines or self-servicej`'f/ marhandising. Section 4. City Code Section 5.35, Notary Public Subd.6 is amended as follows: Subd. 6. Administrative Penalties, Revocation or Suspension of License. A. If a licensee or employee of a licensee sells tobacco;as defined in Min- nesotaStatutes,Section 609.685,Subdivi- RATE INFORMATION sion 1, to a person under the age of 18 Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch years,or violates any other provision of Minnesota Statutes,Chapter 461,the lic- Maximum rate allowed by law for the above matter...............................$16.00 per column inch ensee shall be charged an administrative Rate actually charged for the above matter.............................................$8.05 per column inch penalty of$75.An administrative penalty of$200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of$250 must be imposed, and the licensee's authority to sell tobacco at that location must be sus- pended for not less than seven days. B.An individual who sells tobacco,as defined in Minnesota Statutes, Section 609.685,Subdivision 1,to aperson under the age of 18 years must be charged an administrative penalty of$50. Pale a - d a l A. In addition to the penalties pro- vided in Subd.6 hereof,the penalty pro- visions prescribed in Section 5.99 of this Code shall apply to violations of this Section. Section 6. City Code Section 5.35,is amended by adding Subd.9 as follows: Subd.9. Defense.It is an affirmative defense to the charge of selling tobacco- related products to a person under the age of 18 years in violation of this section that the licensee or individual making the sale relied in good faith uponproof of ageby(1) a valid drivers license or identification card issued by Minnesota,another state,or a province of Canada, and including the photograph and date of birth of the li- censed person;(2)a valid military identi- fication card issued by the United States Department of Defense;or(3)in the case of a foreign national,from a nation other than Canada,by a valid passport. SectionT Repeals.City Code Section 5.35,Subd.2.C.is repealed. Section 8. Misdemeanor. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Viola- C.No suspension or penalty may be imposed until the licensee or individual sought to be charged pursuant to A.or B. of this subdivision has received notice, served personally orbymail,ofthe alleged violation and anopportunity for ahearing before the City Manager or his designee.A decision that a violation has occurred must be in writing. D. In addition to the penalties de- scribed in A.hereof,upon finding that a licensee,granted pursuant to this Section has failed to comply with any applicable statute,regulation or ordinance relating to the sale or use of tobacco-relatedproducts, or has failed to pay the amount of any penalty imposed pursuant to A. of this Subd.within 10 days after notice in writing of the decision to impose a penalty, the Council may either revoke the license or suspend the license. Section 5. City Code Section 5.35, Subd.7.A.is amended as follows: Subd.7. Penalties. tion"and Section 5.99 entitled"Violation a Misdemeanor' are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. This ordinance shall be- come effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of EdenPrairie on the 7th day of October, 1997, and finally read and adopted and ordered pub- lished at a regular meeting of the City Council of said City on the 21st day of October, 1997. ATTEST: City Clerk Mayor (Published in the Eden Prairie News on Thursday,October 30, 1997;No.9141)