HomeMy WebLinkAbout06-22 Council Ordinances I"Reading: . _. .� •��� Publication: t '('1 '�? Lv-.2,2
2na Reading: r2, -2C5Z`::2 Effective:
CITY OF LINO LAKES
ORDINANCE NO. 06-22
AMENDING CHAPTER 602 OF THE LINO LAKES CODE OF ORDINANCES
REGULATING THE SALE,POSSESSION AND USE OF TOBACCO PRODUCTS AND
TOBACCO RELATED DEVICES
The City Council of Lino Lakes ordains:
Section 1. That Chapter 602 of the Lino Lakes Code of Ordinances be amended to
read as follows:
602.01 PURPOSE.
Because the City of Lino Lakes recognizes that many people under the age of U 21
purchase or otherwise obtain,possess and use tobacco,tobacco products and tobacco related
devices, and these sales, possession and use are violations of state and federal laws; and because
smoking has been shown to be the cause of several serious health problems which place a
financial burden on all levels of government; this chapter shall be 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,to protect minors against the serious effects associated
with the illegal 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 stated in M.S. § 144.391, as it may be amended from time to time.
602.02 DEFINITIONS AND INTERPRETATIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. For the purpose of this chapter,the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the City of Lino Lakes uses to investigate and
ensure that those authorized to sell tobacco,tobacco products or tobacco related devices are
following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall
involve the use of finer-s persons under the age of 21 as authorized by this chapter.
COMPLIANCE CHECKS shall also mean the use of mieer-s persons under the age of 21 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 or
tobacco related devices.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product
wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include
but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and
single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging
containing more than a single pack or other container as described in this definition shall not be
considered individually packaged.
LOOSIES. The common term used to refer to a single or individually packaged
cigarette.
MOVEABLE PLACE OF BUSINESS. 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. Any place of business where tobacco,tobacco products or
tobacco related devices are available for sale to the general public.
SALE. Any transfer of goods for money,trade,barter or other consideration.
SELF SERVICE MERCHANDISING. Open displays of tobacco,tobacco products or
tobacco related devices in any manner where any person shall have access to those items without
the assistance or intervention of the licensee or the licensee's employees. The assistance or
intervention shall entail the actual physical exchange of the tobacco,tobacco product or tobacco
related device between the customer or the licensee or employee. The phrase shall not include
vending machines. Self-service sales are interpreted as being any sale where there is not an
actual physical exchange of tobacco between the clerk and the customer.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf,
including but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or 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 a manner as to be suitable for chewing, sniffing or smoking.
TOBACCO RELATED DEVICES. 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. Any mechanical, electric or electronic or other type of device
which dispenses tobacco, tobacco products or tobacco related devices upon insertion of money,
tokens or other form of payment directly into the device by the person seeking to purchase the
tobacco,tobacco product or tobacco related devices.
602.03 LICENSE.
(1) License required. No person shall sell or offer to sell any tobacco,tobacco products
or tobacco related device without first having obtained a license to do so from the city.
(2) Application. An application for a license to sell tobacco,tobacco products or
tobacco related devices shall be made on a form provided by the city. The application is to be
returned to the City of Lino Lakes at which time the application will be forwarded to the Police
Department for background checks. If the application is deemed incomplete it shall be returned
to the applicant with a notice of the missing data.No incomplete applications will be reviewed.
The application shall contain the full name of the applicant,the applicant's residential and
business addresses and telephone numbers,the name of the business for which the license is
sought and any additional information the city deems necessary. Upon receipt of a completed
application, the City Clerk shall forward the application to the City Council for action. If the City
Clerk shall determine that an application is incomplete, he or she shall return the application to
the applicant with notice of the information necessary to make the application complete.
(3) Action. The City Council may either approve or deny the license, or it may delay
action for a reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the City Council shall approve the license, the
City Clerk shall issue the license to the applicant.
(4) Term. The licensing period for licenses issued under this chapter shall be one year,
commencing July I and ending on June 30 of the following year.New licenses may be issued
throughout the licensing period however there shall be no reduction in the yearly license fee.
(5) Revocation or suspension. Any license issued under this chapter may be revoked or
suspended as provided in the Sections 602.13 and 602.14 of this chapter.
(6) Transfers. All licenses issued under this chapter shall be valid only on the premises
for which the license was issued and only for the person to whom the license was issued.
(7) Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this chapter.
(8) Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premises.
(9) Renewals. Renewals of a license issued under this section shall be handled in the
same manner as the original application. The request for a renewal shall be made at least 30
days,but no more than 60 days before the expiration of the current license.
(10) Issuance as privilege and not a right. The issuance of a license issued under this
chapter shall be considered a privilege and not an absolute right of the applicant and shall not
entitle the holder to an automatic renewal of the license.
602.04 FEE.
No license shall be issued under this chapter until the appropriate license fee shall be paid
in full. The fee for a license under this chapter shall be as determined in the city's adopted fee
schedule.
602.05 BASIS FOR DENIAL OF LICENSE.
The following shall be grounds for denying the issuance or renewal of a license under
this chapter; 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. (Note: The following is not an exclusive nor an
exhaustive list.)
(1) The applicant is under the age of 18 years.
(2) 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, tobacco
products or product related devices.
(3) The applicant has had a license to sell tobacco,tobacco products or tobacco related
devices revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the application or
provides false or misleading information.
(5) The applicant is prohibited by federal, state or other local law, ordinance or other
regulation, from holding a license.
602.06 PROHIBITED SALES.
It shall be a violation of this chapter for any person to sell or offer to sell any tobacco,
tobacco product or tobacco related device:
(1) To any person under the age of 44 21 years;
(2) By means of any type of vending machine, except as may otherwise be provided in
this chapter(See Section 602.07,Vending Machines);
(3) By means of self-service methods whereby the customer does not need to make a
verbal or written request to an employee of the licensed premise in order to receive the tobacco,
tobacco product or tobacco related device and whereby there is not a physical exchange of the
tobacco,tobacco product or tobacco related device between the licensee or the licensee's
employee and the customer;
(4) By means of loosies as defined Section 602.02;
(5) Containing opium, morphine,jimsonweed, belladonna, 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. It is not the intention of this provision to ban the sale of lawfully
manufactured cigarettes or other tobacco products; or
(6) By any other means,to any other person, in any manner or form prohibited by
federal, state or other local law, ordinance provision or other regulation.
602.07 VENDING MACHINES.
It shall be unlawful for any person licensed under this chapter to allow the sale of
tobacco,tobacco products or tobacco related devices by means of a vending machine unless
m-iner-s persons under the age of 21 years are at all times prohibited from entering the licensed
establishment.
602.08 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco,tobacco
products or tobacco related devices by any means whereby the customer may have access to the
items without having to request the item from the licensee or the licensee's employee and
whereby there is not a physical exchange of the tobacco,tobacco products or the tobacco related
device between the licensee or his or her clerk and the customer. All tobacco,tobacco products
and tobacco related devices shall either be stored behind a counter or other area not freely
accessible to the general public.
602.09 RESPONSIBILITY.
All licensees under this chapter 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 the item by an employee shall be considered a sale by the license
holder.Nothing in this section shall be construed as prohibiting the City of Lino Lakes from also
subjecting the clerk to whatever penalties are appropriate under this chapter, state or federal law,
or other applicable law or regulation.
602.10 COMPLIANCE CHECKS .
All lieensed pfemises shall be open to inspeetion by the Line Lakes Poliee Department OT
e0ier-authefized eity offieial during fegulaf business hours. Ffem time to time, but at least enee
per-year-,the eity shall eonduet eomplianee raheeks by engaging,with wfitten eonsent of their-
pafents ef guaMia-as, ffliflefs ever-the age of 15 year-s but less than 19 years, te enter the lieensed
ev n f-,q-f PC ke VA te R t-A-ffi- CU.t-APS of o4her designated eit�,personnel. Miner-s used for-the eemplianee eheeks
shall not be guilty of the wilawfii!ptifehase or-attempted purehase, aef the tialawfill.
engaged in a eemplianee eheek shall answef all questions abetA the fflifief's age asked by the
E)f she is asked.Nothing in this seetion shall prohibit eemplianee eheeks authorized by state a
federal laws fef edueational, fesear-eh or-tfaining purposes, of required_feff-the. emqf_�Oreement of
paftietdar-state of fedef4-�. All licensed premises shall be open to inspection by the City
Police or other authorized City official during regular business hours. From time to time,but at
least once per year,the City shall conduct compliance checks by engaging persons at least 17
years of age, but less than 21 ,years of age,to enter each licensed premises to attempt to purchase
intoxicating liquor. Prior written consent from a parent or guardian is required for any person
under the age of 18 to participate in a compliance check. Persons used for the purpose of
compliance checks shall be supervised by City designated law enforcement officers or other
designated City personnel.No persons used in compliance checks shall attempt to use a false
identification misrepresenting the person's age, and all persons lawfully engaged in a compliance
check shall answer all questions about the person'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,training purposes or required for enforcement of a particular State or
Federal law.
602.11 OTHER ILLEGAL ACTS.
Unless otherwise provided, the following acts shall be a violation of this chapter.
(1) Illegal sales. It shall be a violation of this chapter for any person to sell or otherwise
provide any tobacco,tobacco product or tobacco related device to any m-ifier person under the
age of 21 years.
(2) Illegal possession. It shall be a violation of this chapter for any mine person under
the age of 21 years to have in his or her possession any tobacco,tobacco product or tobacco
related device. This division shall not apply to miser a person under the age of 21 years lawfully
involved in a compliance check.
(3) Illegal use. It shall be a violation of this chapter for any Mino person under the age
of 21 years to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco
related device.
(4) Illegal procurement. It shall be a violation of this chapter for any fnifief person
under the age of 21 years to purchase or attempt to purchase or otherwise obtain any tobacco,
tobacco product or tobacco related device, and it shall be a violation of this chapter for any
person to purchase or otherwise obtain these items on behalf of a fnine person under the age of
21 ,years. It shall further be a violation for any person to coerce or attempt to coerce a Minor-
person under the age of 21 .years to illegally purchase or otherwise obtain or use any tobacco,
tobacco product or tobacco related device. This division shall not apply to miner a person under
the age of 21 years lawfully involved in a compliance check.
(5) Use of false identification. It shall be a violation of this chapter for any ruinerr person
under the age of 21 years to attempt to disguise his or her true age by use of a false form of
identification,whether the identification is that of another person or one on which the age of the
person has been modified or tampered with to represent an age older than the actual age of the
person.
602.12 EXCEPTIONS AND DEFENSES.
Nothing in this chapter shall prevent the providing of tobacco, tobacco products or
tobacco related devices to a miner person under the age of 21 years as part of a lawfully
recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the
violation of this chapter for a person to have reasonably relied on proof of age as described by
state law.
602.13 NqO ATIONS
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602.13 VIOLATIONS AND PENALTIES
(1) Administrative Civil Penalties—Individuals. If a person who is not a licensee is
found to have violated this article,the person shall be charged an administrative penalty as
follows:
(a) First Violation. The Council shall impose a civil fine not to exceed $50.00.
(b) Second Violation within 12 months. The Council shall impose a civil fine not to
exceed $100.00.
(c) Third Violation within 12 months. The Council shall impose a civil fine not to exceed
$150.00.
(2) Same—Licensee. If a licensee or an employee of a licensee is found to have violated
this article, the licensee shall be charged an administrative penalty as follows:
(a) First Violation. The Council shall impose a civil fine of$500.00 and suspend the
license for not less than 1 day.
(b) Second Violation within 36 Months. The Council shall impose a civil fine of
$1,000.00 and suspend the license for not less than 3 consecutive dates.
(c) Third Violation within 36 Months. The Council shall impose a civil fine of$2,000.00
and suspend the license for not less than 10 consecutive days.
(d)Fourth Violation within 36 Months. The Council shall revoke the license for at least
one year.
(3) Administrative Penalty Procedures. Notwithstanding an king to the contrary in
this section:
(a)Any of the administrative civil penalties set forth in this section that may be imposed
by the Council,may in the alternative be imposed by an administrative citation.
(b) If one of the foregoing penalties is imposed by an action of the Council, no penalty
shall take effect until the licensee or person has received notice (,served personally or by mail) of
the alleged violation and of the opportunity for a hearing before the Council, and such notice
must be in writing and must provide that a right to a hearing before the Council must be
requested within 10 business days of receipt of the notice or such right shall terminate.
(4) Misdemeanor Prosecution.Nothing in this section shall prohibit the City from
seeking prosecution as a misdemeanor for any alleged violation of this article.
Adopted by the Lino Lakes City Council this 1� ' day of Tic:mac nt r 2022.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember ��i�V—1 and was duly seconded by Councilmember RU NC1,and
upon vote being taken thereon,the following voted in favor thereof: c Y�y Cac
Lyman, R�xt1lc:�nc�, �.
The following voted against same: d�1G
tt IR- \ f
ob afferty, Mayor
ATTEST:
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Julianne Bartel , City Clerk