CCP 04-26-1999 - Laserfiche WebLink

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. e e e Memorandum - Tobacco Ordinance #310 Page Three April 21, 1999 4. Self-Service Prohibited Section 13.S-6 is drafted in a manner that the customer cannot, regardless of age, have access to tobacco products without having to request the item from the clerk. 5. Penalties to Licensee Section 13.S-11 addresses the penalties to the clerkllicensee who violates the ordinance. Penalties are $200 for the first violation; $SOO for the second violation; $1,000 for the third violation; and $1 ,SOO for the fourth violation. In addition, the license can be suspended for a third and fourth violation. 6. Penalties for Minors The ordinance does not include any specific language addressing penalties for minors. The City Attorney has recommended against including any penalties against minors as part of the ordinance. Other Issues The City has been advised that there is a lawsuit pending in Ramsey County that requests a clarification of the meaning of the terms in M.S. A. 461.18, Subd. 2. This is the area of the State Statute that addresses vending machines and the language, "....facility being entered any time unless 18 years of age....". The language in the proposed ordinance is consistent with that currently used by the State of Minnesota. In other words, vending machines will be banned in all restaurants/bars. Attorney Filla has indicated that, until such time that the District Court rules on the lawsuit, there is no need to amend the ordinance. Should the courts make a decision that requires a change to our ordinance, staff will provide the recommended change to the City Council. Recommendation The City Council is asked to adopt Ordinance #310, "Relating to the Sale, Possession and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills," and direct the City Administrator to publish a summary of such ordinance. BF/sls