HomeMy WebLinkAbout1997.10.06 ORD 1997-317CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 1997-317
AN ORDINANCE RELATING TO THE SALE, POSSESSION AND
USE OF TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED
DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE,
POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS
The City Council of the City of Hugo does hereby ordain as
follows:
City Code Chapter 50 is hereby repealed in its entirety and
replaced with the following:
Section 50.010. Purpose.
Because the City recognizes that many persons under the age of
eighteen (18) years purchase or otherwise obtain, possess and use
tobacco, tobacco products and tobacco related devices, and because
studies, which the City hereby accepts and adopts', have shown that
most smokers begin smoking before they have reached the age of
eighteen (18 ) years and that those persons who reach the age of
eighteen (18) years without having started smoking are
significantly less likely to begin smoking; and because smoking has
been shown to be the cause of several serious health problems which
subsequently 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. Stat. §144.391.
Section 50.020. Definitions and Interpretations.
Except as may otherwise be provided or clearly implied by
context, all terms shall be given their commonly accepted
'The City of Hugo has relied upon the following sources:
Preventing Tobacco Use Among Young People, A Report of the Surgeon
General; Youth Access to Tobacco - Summary Points, Youth and Elders
Against Tobacco Use; Stillwater Area School District Cigarette Use
Statistics; Youth Access to Tobacco, Minnesota Assist; Tobacco
Sales to Youth and Nicotine Addiction in Adolescence, both by the
Centers for Disease Control and Prevention.
Rev. 10/07/97
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 Related Products. "Tobacco"
or "Tobacco related products" shall mean cigarettes; cigarette
tobacco; loose leaf chewing tobacco; plug chewing tobacco;
twist chewing tobacco; moist snuff; and/or dry snuff.
Subd. 2. Tobacco Related Devices. "Tobacco related
devices" shall mean any tobacco product as well as a pipe,
rolling papers, or other device used in a manner which enables
the chewing, sniffing or smoking of tobacco or tobacco
products.
Subd. 3. Self -Service Merchandising. "Self -Service
Merchandising" shall mean open displays of tobacco, tobacco
products, or tobacco related devices in any way where any
person shall have access to the product without the assistance
or intervention of an employee of the premises maintaining the
self-service merchandising. Self-service merchandising shall
not include vending machines.
Subd. 4. Vending Machine. "Vending Machine" shall mean
any mechanical, electric or electronic, or other type of
device which dispenses tobacco, tobacco products, or tobacco
related devices upon the insertion of money, tokens, or other
form of payment directly into the machine by the person
seeking to purchase the tobacco, tobacco product or tobacco
related device.
Subd. 5. Individually packaged. "Individually packaged"
shall mean 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 subdivision shall not be considered
individually packaged.
Subd. 6. Loosies. "Loonies" shall mean the common term
used to refer to a single or individually packaged cigarette.
Subd. 7. Minor. "Minor" shall mean any natural person
who has not yet reached the age of eighteen (18) years.
Subd. 8. Retail Establishment. "Retail Establishment"
shall mean any place of business where tobacco, tobacco
Rev. 10/07/97 2
products, or tobacco related devices are available for sale to
the general public. Retail establishments shall include, but
not be limited to, grocery stores, convenience stores,
restaurants and bars.
Subd. 9. Moveable Place of Business. "Moveable Place of
Business" shall refer to 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. A "sale" shall mean any transfer of
goods for money, trade, barter or other consideration.
Subd. 11. Compliance Checks. "Compliance Checks" shall
mean the system the City uses to investigate and ensure that
those authorized to sell tobacco, tobacco products and tobacco
related devices are following and complying with the
requirements of this ordinance. Compliance checks may involve
the use of minors as authorized by this Ordinance.
Section 50.030. License.
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.
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. 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 Council for action at its next regularly
scheduled Council meeting. If the 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 action complete.
Subd. 2. Action. The Council may either approve or deny
the license, or it may delay action for such reasonable period
of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the
Council shall approve the license, the Clerk shall issue the
license to the applicant. If the Council denies the license,
notice of the denial shall be given to the applicant along
with notice of the applicant's right to appeal the Council's
decision.
Rev. 10/07/97 3
Subd. 3. Term. All licenses issued under this Ordinance
shall be valid for one calendar year from the date of issue.
Subd. 4. 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. 5. 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. No transfer of any license to another location or
person shall be valid without the prior approval of the
Council.
Subd. 6. 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. 7. Display. All licenses shall be posted and
displayed in plain view of the general public on the licensed
premises.
Subd. 8. Renewals. The renewal 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. The issuance of
a license issued under this Ordinance 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.
Section 50.040. Fees.
No license shall be issued under this Ordinance until the
appropriate license fee shall be paid in full. Fees shall be set
from time to time by the City Council by Resolution. Fees shall be
divided into two (2) classes. A Class "A" Tobacco License shall be
required for any retail establishment which sells tobacco, tobacco
products, or tobacco related devices in cartons or other packaging
containing more than a single pack or other container as described
in Section 020, Subd. S. A Class "B" Tobacco License shall be
required for any retail establishment selling only individually
packaged tobacco or tobacco products wrapped individually for sale.
Section 50.050. Basis for Denial of License.
The following shall be grounds for denying the issuance or
renewal of a license under this Ordinance, and 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.
Rev. 10/07/97 4
A. The applicant is under the age of eighteen (18) years.
B . The applicant has been convicted within the past f ive ( 5 )
years of any violation of a Federal, State, or local law,
ordinance provision, or other regulation relating to
tobacco, tobacco products, or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco
products, or tobacco related devices revoked, in the City
or at any other place, 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.
Section 50.060. 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.
C. By means of self-service methods whereby the customer
does not need to make a verbal or written request to an
employee of a licensed premises in order to receive the
tobacco, tobacco product, or tobacco related device.
D. By means of "loonies" as defined in Section 020, Subd. 6
of this Ordinance.
E. Containing opium, morphine, jimsonweed, bella donna,
strychnos, cocaine, marijuana, or other type of
deleterious, hallucinogenic, or toxic or controlled
substance except nicotine and not naturally found in
tobacco or tobacco products.
F. By any other means or to any other person, prohibited by
Federal, State or other local law, ordinance provision,
or other regulation.
Rev. 10/07/97 5
Section 50.070. 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 the means of a vending machine.
Section 50.080. 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. All tobacco, tobacco products, and tobacco
related devices shall be stored behind a counter or other area not
freely accessible to customers.
Section 50.090. 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 a item by an employee shall also be
considered a sale by the license holder, and each can be held
responsible for any criminal and/or civil penalties imposed herein.
Section 50.100. Compliance Checks and Inspections.
All licensed premises shall be open to inspection by the City
Police (or Washington County Sheriff's Officers) 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 minors to enter the licensed premises
to attempt to purchase tobacco, tobacco products, or tobacco
related devices. Minors used for the purpose of compliance checks
shall not be guilty of unlawful possession of tobacco, tobacco
products, or tobacco related devices when such items are obtained
as a part of the compliance check. Retail establishments
possessing a Class A License shall be subject to at least two (2)
compliance checks per year.
Section 50.110. Other Illegal Acts.
Unless otherwise provided, the following acts shall be a
violation of this Ordinance.
Subd. 1. 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 on behalf of the City.
Rev. 10/07/97 6
Subd. 2. 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.
Subd. 3. 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 also 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, and 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 on behalf of
the Citv.
Subd. 4. 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 the 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. This subdivision shall not apply to minors
lawfully involved in a compliance check on behalf of the City.
Section 50.120. Violations and Penalties.
Subd. 1. Criminal Penalty. Any person, firm or
corporation violating any of the provisions of this Ordinance
shall be guilty of a misdemeanor. Each violation and every
day in which a violation occurs or continues shall constitute
a separate offense.
Subd. 2. Civil Penalty. The provisions of City of Hugo
Civil Penalty Ordinance, Chapter 232, shall apply to any and
all licenses issued hereunder. If a retail establishment has
its tobacco license suspended pursuant to a hearing conducted
under the City's Civil Penalty Ordinance, that retail
establishment shall, during the period of suspension, remove
all tobacco, tobacco products and tobacco related devices away
from public view.
Section 50.130. 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
Rev. 10/07/97 7
this Ordinance for a person to have reasonably relied on proof of
age as described by State law.
Section 50.140. Severability and Savings Clause.
If any section or portion 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 an enforceability of any other
section or provisions of this Ordinance.
Section 50.150. Signage.
Anyone holding a tobacco license under the provisions of this
Ordinance shall post and display in plain view of the general
public on the licensed premises a sign indicating that it is
illegal to sell tobacco, tobacco products, and tobacco related
devices to anyone under the age of eighteen (18) years and that the
possession and use of such items by minors is also illegal under
both State law and local ordinance. Said signs shall be of a type
approved by City staff and issued to a retail establishment at the
time that a license is obtained. The cost of said sign shall be
included within the licensing fee.
Section 50.160. Effective Date.
This Ordinance shall be in full force and effect from and
after its passage and publication, according to law.
WHEREUPON, said Ordinance was declared passed and adopted this
6th day of October, 1997.
CITY OF HUGO
B�;
f
ra iron, Mayor
Attest:
Mary Creager, Ci Clerk
Rev. 10/07/97 8
CITY OF HUGO
NOTICE OF ORDINANCE ENACTMENT
The Hugo City Council adopted and passed Ordinance 97-317, entitled, "AN
ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF
TOBACCO, TOBACCO PRODUCTS, TOBACCO -RELATED DEVICES IN THE
CITY AND TO REDUCE THE ILLEGAL SALE, POSSESSION, AND USE OF
SUCH ITEMS TO AND BY MINORS", on October 6, 1997, a complete copy of
which is on file and available for inspection by the public during regular office
hours in the office of the City Clerk, Hugo City Hall, 5524 Upper 146th Street,
Hugo, MN. In compliance with MSA 412.191. Subd. 4, the Hugo City Council
has directed that the following Summary of said Ordinance be published:
This ordinance prohibits the sale of tobacco, tobacco products or tobacco
related devices by anyone within the City limits of Hugo without first obtaining a
license from the City to do so. Furthermore it prohibits:
• the sale of tobacco, tobacco products, or tobacco -related devices by way of
vending machines or self-service methods.
• the sale of tobacco, tobacco products, or tobacco -related devices to any
person under 18 years of age.
• any person under 18 years of age from possessing, purchasing, attempting to
purchase, or otherwise obtaining any tobacco, tobacco product, or tobacco -
related device.
• any person under 18 years of age to smoke, chew, sniff, or in other way use
any tobacco, tobacco product or tobacco -related device.
• any person under 18 years of age from attempting to disguise their age, or to
use false identification, or to use the identification of another person to
acquire or purchase tobacco, tobacco products, or tobacco -related devices.
The ordinance established penalties for its violation and institutes compliance
checks for establishments selling tobacco, tobacco products, or tobacco -related
devices.
Fran ron, Mayor
ATTEST:
Mary Ari Creager, City CI
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
COUNTY OF WASHINGTON
The Hugo City Council will hold a public Jan Chara i s being duly sworn, an oath says the he or she is
hearing on Monday, October 6, 1997, at 7:05 the authorized agent and employee of the publisher of the newspaper known as The
p.m., Hugo City Hall, to consider adoption of
an ordinance relating to the sale, possession Times, and has full knowledge of the facts which are stated below:
and use of tobacco, tobacco products, tobac-
co -related devices in the City, and to reduce (A) The newspaper has complied with ail of the requirements constituting
the illegal sale, possession, and use of such
items to and by minors. A full and complete Qualification as a legal newspaper, as provided by Minnesota Statue 331A.02, 331A.07
copy of the ordinance is on file in the office
of the City Clerk. Anyone wishing to com- and other applicable laws as amended
ment on this matter will be heard at this time.
/si Mary Ann Creager (S) i ne printed public notice
City Clerk
(Published in THE TIMES which is artached was out from the columns of said newspaper, and published once
September 25, 1997)
each week, for one successive weeks: it was first published on
Thursday the 25
day of
September 19 97 and was thereafter printed and
publisi-ed eac.i week to and including Thlirsda
the 25 day or 19 97 .
04!?�J_
TITLE: Administrative Assistant
Subscribed and sworn to before me on
this Twenty -Five
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HOWARD D. LESTRUD
taAi�fvISt tt746c - MINNESOTA
4 WASHINGTON COUNTY
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PRINTER'S AFFIDAVIT OF PUBLICATION
AF'F'IDAVIT OF PUBLICATION
STATE OF MINNESOTA)
County of Ramsey ) 5
CITY OF HUGO
The Hugo City Council will hold a public I, the publisher, or the publisher's designated agent, being duly sworn,
hearing on Monday, October 6, 1997, at 7:05
PM, Hugo City Hall, to consider adoption of an on oath state that I am the publisher, or the publisher's designated
ordinance relating to the sale, possession and
use of tobacco, tobacco products, tobacco- agent and an employee of the newspaper known as The White Bear
related devices in the City, and to reduce the
illegal sale, possession, and use of such items Press, and that I have full knowledge of the facts which are stated
to and by minors. A full and complete ordinance
is on file in the office of the City Clerk. Anyone below:
wishing to comment on this matter will.be heard
at this time.
Mary Ann Creager, City Clerk (A) The newspaper has complied with all of the requirements constitut-
Published in the white sear Press
September 24, 1997. ing qualification as a qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The Printed City of Hugo
Public Hearing
which is attached was cut from the columns of said newspaper, and
was printed and published once each week, for successive weeks;
it was first published on Wednesday , the 24 day of
S e p t e mb e r , 1927, and was thereafter printed and published on
every to and including
the day of , 19 ; 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 n
abcdefghijklmnopq rstuvwxyz
BY:
TITLE: Publisher
Subscribed and sworn to before me on
this 24 day of September ,19SUSANNE WESTPHAL
' NOTARY PUBLIC - MINNESOTA
RAMSEY COUNTY
My Commission Expire Jan. 81, 2000
T0E
Notary Public, Ramsey County, Minn.
My commission expires January 31. 2000.
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RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space.
(2) Maximum rate allowed by law for
the above matter.
(3) Rate actually charged for the
above matter.
(Line, word, or inch rate)
(Line, word, or inch rate)
6.30/inch
(Line, word, or inch rate)
AFFIDAVIT OF PUBLICATION
=:iOUNTY
TATE OF MINNI=SOTA
ss
OF WASHINGTON
NOTICE OF
ORDINANCE ENACTMENT Jan Chara i s being duly swam, an oath says the he or she is
The Hugo City Council adopted andtia authorized agent and employee of the publisher of the newspaper known as The
passed Ordinance 97-317, entitled, "AN
ORDINANCE RELATING TO THE SALE, limes, and has full knowledge of the facts which are stated below:
POSSESSION AND USE OF TOBACCO,
TOBACCO PRODUCTS, TOBACCO- (A) The newspaper has complied with aA of the requirements constituting
RELATED DEVICES IN THE CITY AND
TO REDUCE THE ILLEGAL SALE, Pos-4ualification as a legal newspaper, as provided by Minnesota Statue 331A.02, 331A.07
SESSION, AND USE OF SUCH ITEMS To
AND BY MINORS," on October 6, 1997, a=nd other appficabie faws as amended
complete copy of which is on file and avail-
able for inspection by the public during reg- (S) i ne printed _ public notice
ular office hours in the office of the City
Clerk, Hugo City Hall, 5524 Upper I46thvnicl-1 is attaaned was cut from the columns of said newspaper, and pubiisned once
Street, Hugo, MN. In compliance with MSA
412.191, Subd. 4, the Hugo City Council has?ac:1 week, for one successive weeks; it was first published on
directed that the following Summary of said
Ordinance be published: Th I �r CCS y the 16 day of
This ordinance prohibits the sale of tobac-
co, tobacco products or tobacco -related
devices by anyone within the City limits of October 1 97 and was ,,hereafter printed and
Hugo without first obtaining a license from
the City to do so. Furthermore it prohibits:
• the sale of tobacco, tobacco products, or p(lbiisi ed e2Ca week to and ine:uaing -Thur sday
tobacco -related devices by way of vending
machines or self-service methods.
• the sale of tobacco, tobacco products, or he 16 da`/ of October 1 a 97
tobac ited devices to any person under
18 y, age.
• a . ;on under 18 years of age from SV
possessing, purchasing, attempting to pur-
chase, or otherwise obtaining any tobacco,
tobacco product, or tobacco -related device. TITLZ—:dm l n 1 strat 1 vEf-Ass 1 stant
• any person under 18 years of age to. ---+• •• -
smoke, chew, sniff, or in other way use any3ubscribed ana swam to before me an
tobacco, tobacco product or tobacco -related
device. 7is Si Xt.p_pn
• any person under 18 years of age from
attempting to disguise their age, or to useia}r Cf OC tOber 1 a 97
false identification, or to use the identiflca-
tion ofanother person acquire purchase fQ,
tobacco, tobacco products,
ts, or tobacco-relat- -� � � -
ed devices.
This ordinance established penalties for its
violation and institutes compliance checks
for establishments selling tobacco, tobacco
products, or tobacco -related devices.
/s/ Fran Miron
ATTEST: Mayor
/s/ Mary Ann Creager
City Clerk
(Published in THE TIMES
October 16, 1997)
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S J_"ARD D. LESTAUD
NOTAPIY PUBiLIC• MINNESOTA
WASHINGTON COUNTY
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