HomeMy WebLinkAboutOrdinance 553
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ORDINANCE NO. 553
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE ESTABLISHING CHAPTER 512 OF THE MOUNDS VIEW
MUNICIPAL CODE ENTITLED, "CIGARETTE AND TOBACCO PRODUCTS"
THE CITY OF MOUNDS VIEW ORDAINS:
section I.
512.01
Definitions
Subdivision 1. TOBACCO RELATED PRODUCT: Cigarettes, cigars,
cheroots, stogies, perique, granulated, plug cut, crimp cut, ready
rubbed and other smoking tobacco, snuff, snuff flower, cavendish,
plug and twist tobacco, fine cut and other chewing tobaccos,
shorts, refuse scrips, clippings, cuttings and sweepings of tobacco
prepared in such manner as to be suitable for chewing, sniffing or
smoking in a pipe, rolling paper or other tobacco related devices.
Subdivision 2. VENDING MACHINES - Means any mechanical,
electric or electronic device, appliance or any other medium or
object designed or used for vending purposes which, upon insertion
of money, tokens or any other form of payment, dispenses tobacco
products.
512.02
License Required
Subdivision 1. No person shall directly or indirectly keep for
retail sale, sell at retail, or otherwise dispense tobacco products
unless licensed by the ci ty. License applications shall be
submitted to the City Administrator together with the license fee
as determined from time to time by City Council resolution. A
license shall be issued for a specific premise identified in the
application and shall expire on December 31st of each year.
512.03
License Restrictions
Subdivision 1. Vending machines used to dispense Tobacco
Products shall not be located in an area which permits unrestricted
access by a person under the age of eighteen (18) years even though
such area may be under the supervision of the licensee or the
licensee's agent or employee. This restriction shall apply to
vending machines located in structures used for commercial,
industrial, high-tech, office or public purposes.
Subdivision 2. Only one license is required for any or all
vending machine(s) located on the premises of the licensee.
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ORDINANCE NO. 553
PAGE TWO OF THREE
Subdivision 3. Every licensee is responsible for the conduct
of its employees while on the licensed premises and any sale or
other disposition of Tobacco Products by an employee to a person
under eighteen (18) years of age shall be considered an act of the
licensee.
512.04
Prohibited Sales
Subdivision 1. No person shall sell, offer for sale, give
away, furnish or deliver any tobacco-related product to any person
under eighteen (18) years of age.
Subdi vioion 2. No peroon under eighteen (18) yearo of a.ge
oha.ll Dell tobacco related producto.
512.05 Penalties
Subdivision 1. Any person selling or furnishing a tobacco-
related product to any person under eighteen (18) years of age
shall be guilty of an Administrative Offense and shall pay an
administrative penalty of twenty-five dollars.
Subdivision 2. Any licensee whose employee violates any
provisions of this ordinance is guilty of an Administrative Offense
and shall pay an administrative penalty of fifty dollars.
512.06
Suspension or Revocation
Subdivision 1. Any violation of any provision of this
ordinance may be cause for suspension or revocation. A second
violation within twelve months shall result in a suspension of at
least two (2) days. A third violation within a twenty-four months
timeframe shall result in a suspension of at least five (5) days.
A fourth violation within a twenty-four months timeframe shall
result in revocation of license for the balance of the year.
512.07
Hearing and Notice
Subdivision 1. Revocation or suspension of a license shall be
preceded by a hearing before the Police Chief. A hearing notice
shall be given at least ten days prior to the hearing including
notice of the time and place of the hearing and shall state the
nature of the charges against the licensee.
Subdivision 2. An aggrieved party may appeal the decision of
the Police Chief within ten days of receiving notice of the City's
action. The filing of an appeal stays the action of the Police
Chief in suspending or revoking a license until the City Council
makes a final decision.
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ORDINANCE NO. 553
PAGE THREE OF THREE
512.08
Exception
Subdivision 1. A person under eighteen (18) years of age who
purchases or attempts to purchase tobacco-related products while
under the direct supervision of a responsible adult for training,
education, research or enforcement purposes shall not be subject to
the penalties imposed by 512.05.
Read by the City Council of the City of Mounds View this ____
day of , 1995.
Read and passed by the City Council of the City of Mounds View
this day of , 1995.
ATTEST:
(SEAL)
APPROVED AS TO FORM:
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