HomeMy WebLinkAboutOrdinance 986ORDINANCE NO.986
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE XI, CHAPTER 118
OF THE MOUNDS VIEW MUNICIPAL CODE
RELATING TO CIGARETTES AND TOBACCO PRODUCTS
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title XI, Chapter
118, Section 118.003 of the Mounds View Municipal Code by adding the underlined material and
deleting the semen material as follows:
§ 118.003 PROHIBITED SALES.
It shall be a violation of this chapter for any person to sell or offer to sell any licensed products:
(A) To any person under the age of 21 years;
(B) By means of any type of vending machine;
(C) By means of self-service methods whereby the customer does not need to a make a verbal
or written request to an employee of the licensed premises in order to receive the licensed
product and whereby there is not a physical exchange of the licensed product between the
licensee, or the licensee's employee, and the customer on the licensed premises of the
retail establishment;
(D) By means of delivery whereby a physical exchange takes place at a location other than
the licensed premises of the retail establishment, including such delivery between
either the licensee, the licensee's employee, or a third party, and the customer;
"M By means of loosies, as defined in § 118.003 of this chapter;
"(F) 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. It is not the intention of this provision to ban the sale of lawfully
manufactured cigarettes or other tobacco products;
(F)LGI By any other means, to any other person, on in any other manner or form prohibited by
federal, state or other local law, ordinance provision or other regulation; and
"M Sue sales afe prohibited be f rBefore 10:00 a.m. and after 10:00 p.m. at any retail
establishment that derives more than 90% of its gross revenue from the sale of licensed
products.
Ordinance No. 986
Page 2 of 3
SECTION 2. The City Council of the City of Mounds View hereby amends Title XI, Chapter
118, Section 118.999 of the Mounds View Municipal Code by adding the underlined material and
deleting the stricke material as follows:
§ 118.999 PENALTY.
(A) Licensees. If a licensee or an employee of a licensee violates any provision of this chapter, the
licensee shall be eharge subject to an administrative penalty as set forth in the eity's fee sehe „ 4e
required in Minnesota Statutes, section 461.12, subd. 2, as it may be amended from time to time.
If a licensee or an employee of a licensee violates any provision of this chapter a second time at the
same location within 24 36 months of the initial violation, the licensee shall be Ehar-ge subject to an
administrative penalty asset, -rth in. the ty's fee sehe l required in Minnesota Statutes, section
461.12, subd. 2, as it may be amended from time to time. If a licensee or an employee of a licensee
violates any provision of this chapter a third time at the same location within 24 36 months of the
initial violation, the licensee shall be eharged subject to an administrative penalty as set f Ah ' *�
ty's fee s hedu o required in Minnesota Statutes, section 461.12, subd. 2, as it may be amended
from time to time, and shall be subject to a license suspension or revocation, in the council's
discretion, and any such suspension must be for at least seven days. No penalty under this division
(A) shall take effect until the licensee has received notice, served personally or by mail, of the alleged
violation, and has had an opportunity for a hearing before the City Council. The notice shall provide
information on how and where a hearing may be requested. The hearing must be requested by the
licensee within ten business days of notice delivery. A decision by the City Council that a violation
of this chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law.
Nothing contained herein shall preclude additional enforcement efforts by the city for
violations, including, but not necessarily limited to, criminal charges or civil relief.
(B) Individuals. Any person who sells tobacco to a person under the age of 21 years shall may be
eharged subject to an administrative penalty as set forth in the city's fee schedule for a first offense
and as set forth in the city's fee schedule additional for every subsequent offense. This penalty shall
be in addition to the penalty a ar-g imposed against a licensee under division (A) above. No penalty
under this division (B) shall take effect until the person against whom the penalty will be charged has
received notice, served personally or by mail, of the alleged violation, and has had an opportunity for
a hearing before the City Council. The notice shall provide information on how and where a hearing
may be requested. The hearing must be requested within ten business days of notice delivery. A
decision by the City Council that a violation of this section has occurred shall be in writing. Judicial
appeal shall be as provided for by state law. Nothing contained herein shall preclude additional
enforcement efforts by the city for violations, including, but not necessarily limited to, criminal
charges or civil relief.
(C) Misdemeanors: continued violations. A violation of any provision of this chapter shall
be considered a misdemeanor, subject to a fine of not more than $1,000 or imprisonment for
not more than 90 days, or both. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
2
Ordinance No. 986
Page 3 of 3
(E)(D) Defenses. It shall be an affirmative defense to a charge of selling licensed products to a person
under the age of 21 years in violation of this seetio chapter that the licensee or individual making
the sale relied in good faith upon proof of age as described in M.S. § 340A.503, subd. 6, as it may be
amended from time to time.
SECTION 3. In accordance with Section 3.07 of the City Charter, and assuming at least four -
fifths of the City Council vote to adopt this ordinance, City staff shall have the following summary
printed in the official City newspaper in lieu of the complete ordinance:
On January 24, 2022, the Mounds View City Council adopted Ordinance No. 986, "An
Ordinance Amending Title XI, Chapter 118 of the Mounds View Municipal Code Relating
to Cigarettes and Tobacco Products," which amends the existing municipal code pertaining
to cigarettes and tobacco products regulations. The ordinance clarifies certain prohibited
cigarette and tobacco product sales, primarily that such sales must take place on the
licensed premises of retail establishments and not by means of delivery. The ordinance
also amends the penalties for tobacco -related violations to ensure consistency with state
law, specifically Minnesota Statutes, section 461.12. The business licenses affected by the
ordinance include current and future tobacco license holders.
A printed copy of the ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available online at the City's web site located at
www.moundsviewmn.org,
SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on January 10, 2022.
Second Reading and Adoption by the Mounds View City Council on January 24, 2022.
Publication Date: February 1, 2022
Attest:
(SEAL)
4� Gce&V--
Carol A. Mueller, Mayor
A /�
9
Nyle ikmu , City Administrator