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<br />" <br /> <br />Memorandum - Tobacco Ordinance #310 <br />Page Two <br />April 21, 1999 <br /> <br />e <br /> <br />What were the Provisions of the l.aw Passed by the State? <br />The law was created to provide a uniform floor of provisions to reduce youth access to tobacco <br />without pre-empting local control. Some of the key provisions of this law are: <br />. Licensing of all tobacco retail outlets <br />. Penalties against the license holder for the illegal sale of tobacco to minors <br />. Mandatory compliance checks at least once every year <br />. Ban on self-service displays of single packs of cigarettes and smokeless tobacco, and on <br />vending machines except in facilities that cannot be entered by minors <br />. Suspension of Drivers License of a minor found guilty of using the license to purchase <br />tobacco <br />. Penalties for the clerk who illegally sells tobacco to minors <br />. Alternative penalties for minors found to have purchased, used, or possessed tobacco <br />illegally <br /> <br />How does the Proposed Ordinance Address the Minimum Provisions? <br /> <br />1. <br /> <br />Issuance of License <br />Currently, all license approvals are handled by the City Council when they <br />approve the annual Business Licenses. The City Council may wish to have the <br />Tobacco License handled in a similar fashion as are Rubbish Haulers. In this <br />case, the Council grants the annual license on that specific service, aside from the <br />other business licenses. <br /> <br />e <br /> <br />2. Compliance Checks <br />Section 13.5-9 of the ordinance states that the City will conduct at least one (1) <br />compliance check each year. The City currently works with NSTCP on the <br />completion of two (2) compliance checks on each business each year. <br /> <br />3. Vending Machines <br />The language included in Section 13.5-7 should mirror the minimum language <br />required by the State. The ordinance prohibits vending machines in certain <br />locations. If a vending machine is improperly located, the vending machine <br />licensee has violated the ordinance regardless of the age of the person who uses <br />the machine. <br /> <br />The City Council may wish to ban all cigarette vending machines. This would <br />require a federal waiver which the League of Minnesota Cities (LMC) would <br />handle. <br /> <br />e <br />