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Home My WebLink AboutOrdinance 689 ;':'r' .,l} . . . ORDINANCE NO, 689 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO CIGARETTE AND TOBACCO PRODUCTS AND AMENDING TITLE 512 OF THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 512 of the Mounds View Municipal code shall be amended to read: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS SECTION: 512,01: Definitions 512.02: License Required 512.0aZ: 512.09~: 512,O+~: 512,10g: Penalties Suspension Or Revocation Hearing And Notice Exception 512.01 : DEFINITIONS: Subd. 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. ..;.' r; ~ . . . Subd. 2. VENDING MACHINES: 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, (Ord. 553, '1 2'1 95) 512.02: LICENSE REQUIRED: No porson shall diroctly or indirectly keep for rotail salo, sell at retail, or othorwise disponso tobacco products unloss licensod by tho City, Licenco applications shall bo submittod to the Clork Administrator together with the Iicenso foo as determined from timo to time by City Council resolution, !\ liconso shall bo issued f-or a spocific premisos identifiod in tho application and shall oxpire on Docomber 31 of each yoar, (Ord. 553, '1 2'1 95)No person shall directly or indirectly or by 512.0M: LICENSE RESTRICTIONS: ..., . . . Subd,-iJ, 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, Subd,~. Only one license is required for any or all vending machine(s) located on the premises of the licensee. Subd,~.Q, 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, (Ord. 553, '1 2'1 95) 512.0'1: PROHIBITED S/\LES: No person shall sell, offerfor salo, give 3'N3Y, furnish or deliver any tobacco related product to any person under eighteen (18) years of age, (Ord. 553, '1 2'1 95) .. '.' - ,- . . . 512,O~7: PENAL TIES: Subd, 1, ,A,ny person selling or furnishing a tobacco rel3ted product to 3ny person under eighteen (18) years of age sh311 be guilty of 3n administrative offense and shall P3Y an administrative penalty of t\.venty fh/e doll3rs ($25,OO),Licensees. If a person licensed under Subd. 2. Any licensee whose employee viol3tes any provisions of this Chapter is guilty of an administrative offense and shall P3Y an 3dministrative pen31ty of fifty do/13m ($50.00). (Ord. 553, 1 21 95)lndividuals. Any person who sells tobacco to a person under the aqe of 18 years shall be charqed an administrative penalty of $100.00 for a first offense and $25.00 $50,00 additional for every subsequent offense. This penalty shall be in addition to the ... .' . . . treated as follows: for a first offense the violator will be referred to Northwest Youth and Family Services, and be required to complete NYFS's Tobacco Education Proqram, and pay the related fees or expenses, A second violation will result in an administrative penalty of $50.00, and will also result in a referral to Northwest Youth and Family Services for monitored community service. Third or subsequent violations will be referred to the Ramsey County Attorney's Office, Juvenile Court Division, for prosecution, Failure to comply with the requirements set forth above for a first or second offenses will result in an immediate referral to the Ramsey County Attorney's Office for prosecution throuqh the Juvenile Court Division, 512,Oe~: and an opportunity to be heard.Any viol3tion of ~ny provision of this Ch~pter m~y be c~use for suspension or revoc~tion. A second violation within twelve (12) months shall result in a suspension of 3t le3st not less than twe (2) d~ys seven (7) three (3) days. A third violation within a twenty four (24) month's time frame shall result in a suspension of ~t least five (5) not less #laR seven (7) thirtv (30) ten (1 0) days,~ A fourth violation within a twenty four (24) month time frame shall result in revocation of license for tHe b313nce of the year ~ ninety (90) days, and will require a mandatory hearinq in front of the Mounds View City Council. (Ord, 553, 1 21 95) 512,079: HEARING AND NOTICE: Subd. 1, Revocation or suspension of a license shall be preceded by a hearing before the Police ChiefCity Council. A hearing notice shall be given at least ten (10) 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, Judicial appeal shall be as provided for Subd, 2, An 3ggrieved p3rty m~y ~ppe~1 tho decision of the Police Chiof within ten (1 0) d~ys of receiving notice of tho City's ~ction, The filing of ~n ~ppe~1 St3YS the 3ction of the Police Chief in suspending or revoking ~ license until the City Council m~kes ~ fin31 decision, (Ord, 553, 1 21 95) ..>-- . . 512.0-79: HEARING AND NOTICE: Subd. 1. Revocation or suspension of a license shall be preceded by a hearing before the Police Chief City Council. A hearing notice shall be given at least ten (10) 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. _.J!!~:E.~.!~....~p.p.~~L~~H1?.~...~~..p'r9.y.i9-~4.f.9.!.J2Y state law, Subd. 2. f..n aggrieved party may appeal the decision of the Police Chief vvithin ten (10) 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, (Ord, 553,1 21 95) 512,.10&: EXCEPTION: 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 Section 512,05, (Ord. 553, '"1 21 95) SECTION 2, This ordinance takes effect 30 days after its publication, Read by the City Council ofthe City of Mounds View this 26th day of November, 2001, Read and passed by the City Council of the City of Mounds View this 28th day of January, Richard s2~Yor ~~~ KathIe n Miller, City Clerk-Administrator 2002, APPROVED AS TO FORM: Scott J. Riggs, City Attorney Motion by: Second by: Sonterre Quick Stigney Marty Thomas SJR-137976v3 MUl25-32 Thomas Sonterre Aye Absent Aye Aye Aye , . e . ~ .. ~ <. Sun Focus AFFIDAVIT O'F PUe.tICATION STATE OF MINNESOTA) ss. COUNTY OF RAMSEY) Gene Carr, being duly sworn on an oath states or affirms that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun Focus, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed {Official Publication) Leaall\lotice - City of Mounds View- Ordinance 689 which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for -1- successive weeks; it was first published on Thursday the ~ day of February, 2002, and was thereafter printed and published on every Thursday to and including the _ day of February, 2002; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz By: ;/?v Title: Publisher Subscribed and sworn to or affirmed before me on this ~day of February, 2002. ~ M VV'-AI\NVV\J\""VVVVV'vV\l\lVVV'..N\fa Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ .45~ per line