HomeMy WebLinkAbout1972.03.13 ORD 1972-104a
ORDINANCE 110. 104
AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF CIGARETTES
AND CIGARETTE WRAPPERS.
The Village Council of the Village of Hugo hereby ordains:
Section 1. LICE17SE REQUIRED. No person shall directly or
indirectly or by means of any device keen for retail sale, sell at
retail, or otherwise dispose of any cigarette or cigarette wrapper
at any place in the Village of Hugo unless a license therefor shall
first have been obtained as provided in this ordinance.
Section 2. APPLICATIOP: AND ISSUA*•ICF.. Anplication for license
as herein required shall be made to the Villaae Clerk on a form sunolied
by the Village. The License Fee, as herein defined shall accompany the
application, and the Clerk shall issue a receipt therefor. The
application shall state the full name and address of the applicant,
the location of the building and the part intended to be used by the
applicant under such license, the kind of business conducted at such
location, and such other information as shall be required by the
application form. Upon the filing of the arplicatior with the Cler};,
it shall be pr.esente(l to the Village Council for its consideration, and,
if granted by the action of th.e-Council, a license shall be issued by
the Village Clerk., and a Council representative.
Section 3. LICENSE FEE. The fee for every license granted
hereunder shall be $12.00 per annum. For any license issued after
January 31 in any year, the fee shall be computed at the rate of $1.00
for each month or fractional part of a month covered by the license.
Section 4. TER"1 OF LICENSE. Every license granted pursuant to
this Ordinance shall expire on the 31st day of December next after its
issuance.
Section 5. LICENSE SHALL BE DTSPLAYTD. Every license shall
be kept conspicuously hosted about the place for which the license is
issued and shall be exhibited to anv person unon request.
Section 6. RESTRICTIONS. The restrictions in the following
subdivisions shall apply to all anplications for license under this
Ordinance:
Subd. A. Moral Character. T10 license shall be issued
except to a Person of good moral character.
Subd. B. Place of Businesn. No license shall be
issued to an applicant for sale oil. cigarettes at arra
place other than his established place of business.
Subd. C. Moveable Location. No license shall be
issued for the sale of cigarettes at a moveable place
of business; nor shall anv license be issued for the
sale of cigarettes at more than one place of business.
Subd. D. Sale to Persons Under 18 Prohibited. No
person shall sell or give away anv cigarette,
cigarette paper or cigarette wrapper to any Person
below the age of 13 years.
Subd. F. Prohibited Ingredients. No person shall
keep for sale, sell, or dispose of anv cigarette con-
taining opium, morphine, jimson weed, bella donna,
strychnia, cocaine, marijuana, or anv other_ deleterious
or poisonous drug except nicotine.
Section 7. TRA.ISFEP. Licenses shall not be transferrable from
person to another.
Section 8. REVOCATIO`T. Every license may be revoked by the
Council for a violation of anv provision of this Ordinance, when the
licensee has been given a reasonable notice and an opportunity to be
heard. There shall be no refund of license fee upon revocation.
Section 9. PENALTY. Any person who shall violate anv provision
of this Ordinance shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more than $300.00, or by
imprisonment for not to exceed 90 days.
Section 10. REPEAL OF EXISTING OPDIN?►NCE. Ordinance Number 36
entitled "An Ordinance Licensing and Regulating the Retail Sale of
Cigarettes and Cigarette Wrappers" adopted 24th day of November, 1941,
is hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall take effect
and be in full force from and after its passage and publication.
Passed and approved this 13th day of. March, 1972.
Published in the White Bear. Press on the 1�dav of March, 1972.
PRVITICRI AFFIDAVIT OF fUBUCATION
I /
` PUBLIC NOTICE' �' f ' l�
f � AFFIDAVIT OF'PUBLICATION
ORDINANCE NO. 104 STATE OF MINNESOTA,
Counties of ss
AN ORDINANCE LICENSING Ramsey and Washington )))
REGULATING THE
it*AIL <SALE OF CIGAR- Eugene D. Johnson being a duly sworn officer of White Bear Press Publishing,
ETTES AND CIGARETTE Inc., on oath says he is and during all the times herein stated has been the
WRAPPERS. publisher and printer of the newspaper known as The White Bear Press and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is
The Village Council of the printed in the English language in newspaper format and in column and sheet
Village of Hugo hereby or- form equivalent in printed space to at least 900 square inches. (2) Said newspaper
dains: is a weekly and is distributed at least once each week. (3) Said newspaper has 50%
Section 1, LICENSE RE- of its news columns devoted to news of local interest to the community which it
QUIRED. No person shall purports to serve and does not wholly duplicate any other publication and is not
directly or indirectly or by. made up entirely ofpatents, plate matter and advertisements. (4) Said newspaper
mesas of any device keep for is circulated in and near the municipality which it purports to serve, has at
retail ads, sell at retail, or least 500 copies regularly delivered to paying subscribers, has an average of at
otherwise dispose of any least 75% of its total circulation currently paid or no more than three months In
cigarette or cigarette wrap- arrears and has entry as second-class matter in its local post -office. (5) Said
.per at any place In the Vil- newspaper purports to serve the city of White Bear Lake in the Counties of
Slap of Hugo unless a license Ramsey and Washington and it has its known office of issue in the city of White
!therefor shall first have been Bear Lake in said county, established andopenduring its regular business hours
obtained as provided in this for the gathering of news, sale of advertisements and sale of subscriptions and
mance, maintained by Eugene D. Johnson or persons in its employ and subject to his
Section 2. APPLICATION direction and control during all regular business hours and at which said news -
AND ISSUANCE. Application paper is printed. (6) Said newspaper files a copy of each issue immediately
for lidense as herein required with the State Historical Society. (7) Said newspaper has complied with all the
shall be made to the Village foregoing conditions for at least two years preceding the day or dates of publi-
Clerk an a form supplied by cation mentioned below. (8) Said newspaper has filed with the Secretary of
We Village. The License Fee, State of Minnesota prior to January 1, 1966 and each January 1 thereafter an
as herein defined shall accom- affidavit in the form prescribed by the Secretary of State and signed by Eugene
pany the application, and the D. Johnson and sworn to before a notary public stating that the newspaper is a
Clerk shall issue a receipt legal newspaper.
therefor. • The application He further, states on oath that the printed.4141 .�. 4*.-COA :.!<O»
shell state the full name and
address of the applicant, the .. . �.....��p............................ .
location of the building and hereto attached as whereof was cut from the columns of said newspaper,
the part intended to be used and was printed and published therein in the English language, once each week,
by the applicant under such for �-;�; �; . , .....successive weeks; that it was first* published
lieense, the kind of business on .. ..... ... the.. Q?� ..... day of.. l!.'.� ... ,
conducted at such location, 19. ..and was thereafter printed and published on every ..... ....... to
and such other information as. and including ............the...... day of. .
shall be required bytheappli- and that the following is a printed copy of the lower case alphabet from A to Z
cation form. Upon the filing both inclusive, and is hereby acknowledged as being the size and kind of type
Of the application with the used in the composition and publication of said n to wit:
Clerk, it shall be presented
to the Village Council for its abcdefghijklmnopgrstuvwxyz
consideration, and, if. grant-
ed by the action of the Coun-
e4i• 1 license, shell -be issued Subscribed and sworn to before me this .'3d.%:UA_ -day of�:;P ��-- _.,19 . .
by 'the Village Clerk, and a
Council representative. Notary Public ey Count,y, Minn.
Fes`' My Commission ex ires..
hoc `.Lei , Loin every license p �� ,197 .
gcatlbeul b wewndec shall: be (NOTARIAL SEAL)
$__40 per -annum.
u. For. any F ..
s . s4 .issued after Jsmmw
31 'in =Y Year. the tee sb u ►; ,
oe,, ed . at the rats of
. for pact madli. or frxc-
t cnLNry
zd►;cp"red
M OF LI-
enseg-
ad Ordbance
ist dlayof
ar its issu-
BE jrp"YED, Every U-
be belt conspi-
posted about theplace
for tcense Is is-
sued "';Z exhibited
to any upon request.
ta 6 In the fol -
"dons. shallw
ic
ations for Ii -
under this Ordinance.
PA. MORALCHARAC-
TER. No license shall be
except
to
issued except to a personof
character.
E OF BUSI-
N so shall be
is an applicant for
So nor&l - rettos at any
IMLILAC
%ra
"ncwai
than his estab-
of business.
7
MOVEABLE LO -
N.
..MOVEABLE
license shall
[be
Issued for the sale of
cigarettes ji a moveable
place 06069s; nor shall
be* Issued for
the ,,
cigarettes at
than one place of busi-
TOPERSONS
18 PROHIBITED.
son shall sell or give
any cigarette, dgar-
ette or cigarette
to any person be
U0.9f 18 yews.
PROHIBITED IN -
TS. No person
shall beep for sale, sell, or
of any cigarette
of
Fdm
0,
001,
na :
airy.,
cwt
7. TRANSFER. Li-
s RA
cphm!4 mor -
weed, boils
is, cocaine,
or -my other do -
rim or poisonous drug
nicotine.
a shall not be transfer-
rable &= person to another,
Section .8. REVOCATION.
may. be re -
Council for a
any.irovbion of
ce, when the a-
given a roe -
and an owor-
cf.uO@=*
-he re
Section 9. PENALTY. Any
person who shall violate any
provision Of this (hizablace
shall be guilty of amWe_
meow, and UM coavladw
thereof shall W punished by a
fine or not more than$M.00,
or by imprisonment for sot to
exceed 90 days.
Section 10. REPEAL OF
EXISTING ORDINANCE. Or-
dinance Number 36 entitled
4An Ordinance Licensing and
Regulating the Retail sale of
Cigarettes and CiWette
Wrappers" adWW 24thdayot
November, 1941, is hereby
repeal"
Section 11. EF
DATE. This Orainw7nee
take effect and. be in AMforce
from and -after ftspass*and
publication.
Passed and approV94 this
13th day of March, 1972;
Lynn M. Carlson, Mayor,
ATTEST: . I
Robert E. Burkard, Cie*
(Published In the White.Bear:
Press March 23, 1972.
R
ot