Ch6.§3-23 · City of Nowthen public records

A. Any person violating the provisions of this Section or M.S. Ch. 340A as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided by law. B. The City Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Ch. 340A, as it may be amended from time to time, and of this Section. Conviction of a violation in a court of law is not required in order for the City Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the City Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Non-payment of the penalty is grounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license is revoked: 1\. For the first violation within any three (3) year period: $500 2\. For the second violation within any three (3) year period: $1,000 3\. For the third and subsequent violations within any three (3) year period: $2,000. C. The term "violation" as used in Section 6-3-22 includes any and all violations of the provisions in this Section, or of M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time. The number of violations shall be determined on the basis of the history of violations for the preceding three-year period. Revocation shall occur within sixty (60) days following a violation for which revocation is imposed. (Ordinance #26, adopted August 11, 2009)     # SECTION 4 TOBACCO PRODUCTS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>6-4-1</td> <td>Purpose and Intent</td> </tr> <tr> <td>6-4-2</td> <td>Definitions</td> </tr> <tr> <td>6-4-3</td> <td>License</td> </tr> <tr> <td>6-4-4</td> <td>Fees</td> </tr> <tr> <td>6-4-5</td> <td>Basis for Denial Of License</td> </tr> <tr> <td>6-4-6</td> <td>Prohibited Sales</td> </tr> <tr> <td>6-4-7</td> <td>Responsibility</td> </tr> <tr> <td>6-4-8</td> <td>Compliance Checks and Inspections</td> </tr> <tr> <td>6-4-9</td> <td>Violation</td> </tr> <tr> <td>6-4-10</td> <td>Penalties</td> </tr> <tr> <td>6-4-11</td> <td>Appeals</td> </tr> <tr> <td>6-4-12</td> <td>Other Remedies</td> </tr> <tr> <td>6-4-13</td> <td>Severability and Saving Clause</td> </tr> </table> 6-4-1: PURPOSE AND INTENT: Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices; because such sales, possession and use are a violations of both State and Federal laws; because numerous studies have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to do so thereafter; and because smoking has been shown to cause several serious health problems which place a financial burden on all levels of government and result in excessive medical care costs; this Section is intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, protecting minors against the serious effects associated with the use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as set forth in Minnesota Statute §144.39. (Ordinance #30, adopted June 9, 2009) 6-4-2: DEFINITIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them:   Compliance checks: means the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this Section. Compliance checks shall involve the use of minors as authorized by this Section. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. Loosies: means the common term used to refer to a single individually packaged cigarette. Minor: means any natural person who has not yet reached the age of eighteen (18) years. Moveable place of business: means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Retail establishment: means any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Sale: means any transfer of goods for money, trade, barter, or other consideration. Self-Service Merchandising: means open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Tobacco or Tobacco products: means any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut and other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. Tobacco related devices: means any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products.   Vending machine: means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. (Ordinance #30, adopted June 9, 2009) 6-4-3: LICENSE: No person shall keep for retail sale, sell at retail or otherwise dispose of any tobacco product at any place in the City without first obtaining a license from the City. Retail establishments holding a license issued by Anoka County which is valid and in force as of the effective date of this Section may continue to operate under such license until January 1, 2010, or until said license is no longer in effect, whichever is sooner. A. Application. In order to obtain a license to sell tobacco or tobacco products an applicant must obtain and complete an application. Applications for a license to sell tobacco or tobacco products shall be made on a form provided by the City and shall be made to the City Clerk. The application shall specifically describe the compact and contiguous premises within which tobacco or tobacco products may be sold. The description may not include any parking lot or sidewalk. Upon receipt of the application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. B. Action. The City Council in its sound discretion may either grant or deny the application for a license to sell tobacco or tobacco products or for the transfer or renewal of such license. No applicant has a right to a license under this Section. The City Council may also delay action on the application for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. C. Term. All retail tobacco licenses shall be valid until the December 31 of the year following their effective date. D. Revocation or Suspension. Any license issued under this Section may be revoked or suspended as provided in Section 6-3-9 of this Section. E. Transfers. All licenses issued under this Section shall be valid only on the licensed premised for which it was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. F. Renewal. Renewals of licenses shall be handled in the same manner as an original application. Application for a renewal license shall be made in the month of November of each year.   G. Display. Every license shall be conspicuously posted on the licensed premises and shall be exhibited to any person upon request. H. Movable Place of Business. No license shall be issued to a moveable place of business. I. Education Requirements: 1\. Prior to the issuance, and/or reinstatement after revocation or suspension of a license under this Section, the licensee shall participate in a class or seminar designed to educate the licensee regarding State law pertaining to the sale of alcohol to minors. 2\. The licensee shall be required to educate each new employee who will be selling tobacco or tobacco products with regard to this Section and State law pertaining to the sale of tobacco products to minors. The licensee shall be required to keep on file evidence of completion of all employees' educational requirements. The licensee shall make said evidence available for review upon request by a licensed peace officer. (Ordinance #30, adopted June 9, 2009) 6-4-4: FEES: No license shall be issued under this Section until the appropriate license fee is paid in full. A. Fees set by ordinance. The license fee for a retail tobacco license shall be as set forth in Section 1-2-2 of the City Code, as periodically reviewed by the City Council. The fee shall take into account the actual cost of issuance of the license and the expense of the enforcement of this Section. The fee for licenses purchased for less than a one year period shall be prorated by a percentage arrived at by taking the number of months during any part of which the license is effective divided by 12. B. Fee reduction for use of age verification technology. The license fee for a retail tobacco license shall be reduced by an amount of one hundred ($100.00) dollars if an applicant utilizes age verification technology that meets performance requirements as determined by the City Council. (Ordinance #30, adopted June 9, 2009) 6-3-5: BASIS FOR DENIAL OF LICENSE: The following shall be grounds for denying the issuance or renewal of a license under this Section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section:   A. The applicant is under the age of eighteen (18) years. B. The applicant has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the twelve months immediately preceding the date of application. D. The applicant fails to provide all information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. (Ordinance #30, adopted June 9, 2009) 6-4-6: PROHIBITED SALES: It shall be a violation of this Section for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under eighteen (18) years of age. B. By means of a vending machine. C. By means of self-service methods as defined by this Section D. By means of loosies as defined by this Section E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means, to any other person, or in any other manner or form prohibited by Federal, State or other local law, ordinance, or regulation. (Ordinance #30, adopted June 9, 2009) 6-4-7: RESPONSIBILITY: All licensees under this Section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting employees to other penalties under this Section, State or Federal law, or other applicable law or regulation. (Ordinance #30, adopted June 9, 2009)   6-4-8: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the City police or other authorized City officials during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. (Ordinance #30, adopted June 9, 2009)

Ch.6 § 3-23

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