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HomeMy WebLinkAboutOrdinance 07-99Council Member Dahl introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 07-99 AN ORDINANCE AMENDING THE CITY CODE BY DELETING CHAPTER 602, CIGARETTES, AND REPLACING IT WITH AN ORDINANCE INTENDED TO REGULATE THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES The City of Lino Lakes, Anoka County, Minnesota hereby ordains as follows: The City Code of the City of Lino Lakes, Chapter 602 is hereby repealed and replaced as follows: 602. Regulating the Sale, Possession, and use of Tobacco Products and Tobacco Related Devices 602.01 Purpose: Because the City of Lino Lakes recognizes that many people under the age of 18 purchase or otherwise obtain, possess and use tobacco, tobacco products, and tobacco related devices, and such 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 ordinance 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 Minn. Statute 144.391. 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. 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: Subd. 1 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 such manner as to be suitable for chewing, sniffing, or smoking. Subd. 2 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. Subd. 3 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 item(s) between the customer or the licensee or employee. Subd. 4 Vending Machine: Any 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. Subd. 5 Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Subd. 6 Loosies: The common term used to refer to a single individually packaged cigarette. Subd. 7 Minor: Any natural person who has not yet reached the age of eighteen (18) years of age. Subd. 8 Retail Establishment: Any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Subd. 9 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. Subd. 10 Sale: Any transfer of goods for money, trade, barter, or other consideration. Subd. 11 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 ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. 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. 602.03 License: Subd. 1 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 of Lino Lakes. The completed 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 completed application will be forwarded to the city council for review and action. If the city council denies the application a notice of the denial shall be given to the applicant as well as a notice of the applicant's right to appeal the decision. Subd. 2 Term: All licenses approved under this ordinance are valid until midnight December 31st of each year. Subd. 3 Revocation or Suspension: Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. Subd. 4 Transfers: All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Subd. 5 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 ordinance. Subd. 6 Display: All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 7 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 thirty (30) days, but no more than sixty (60) days before the expiration of the current license. 602.04 Fees: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. 602.05 Basis for Denial of License: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; 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.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or product related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any 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. 602.06 Prohibited Sales: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance (see "Vending Machines") C. 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. D. By means of loonies as defined in this ordinance. E. 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 ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. 602.08 Self -Service Sales: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such 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 ordinance 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 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 ordinance, State or Federal Law, or other applicable law or regulation. 602.10 Compliance Checks and Inspections: All licensed premises shall be open to inspection by the Lino Lakes Police Department 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, with 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 compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minors used in compliance checks shall attempt to use 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 his 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. 602.11 Other Illegal Acts: Illegal Sales: It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Illegal Possession: It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Illegal Use: It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Illegal Procurement: It shall be a violation of this ordinance for any minor 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 ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Use of False Identification: It shall be a violation of this ordinance for any minor 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 Violations: Notice: Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the violator of his or her rights to be heard on the accusation. Hearings: If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Hearing Officer: The city council shall serve as the hearing officer. (The city council may appoint an independent hearing officer). Decision: If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Appeals: Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City of Lino Lakes. Misdemeanor Prosecution: Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Continued Violation: Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 602.13 Penalties: Subd. 1 Minors: Any person under the age of 18 who attempts to purchase tobacco, tobacco products, or tobacco related devices may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed $100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Subd. 2 Individuals: Any person who purchases or provides tobacco, tobacco products, or tobacco related devices for a person under the age of 18 may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed $100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Subd. 3 Licensees: Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be subject to the following administrative penalties: A. First Violation: The city council may impose a civil penalty not to exceed $500 and/or a suspension of the license for a period of ten (10) days. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $750 and/or s suspension of the license for a period of thirty (30) days. C. Third Violation within 24 Months: The city council may impose a civil penalty not to exceed $1,000 and/or suspension of the license for a period of one (1) year. 602.14 Exceptions and Defenses: Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 602.15 Severability and Savings Clause: If any section of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. 602.16 Summary: It is the intent of this ordinance to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the city of Lino Lakes and to reduce the illegal sale , possession, and use of such items to and by minors. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the C. ATTEST: f Lino is 26`h day of April, 1999. 1 5/1 Marilyn G. Anderson, Clerk -Treasurer ayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted.