03-26-07 Item 7A, Ordinance 359 Tobacco Ordinance

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CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 359 AN ORDINANCE RELATING TO TOBACCO PRODUCTS AND LICENSING IN THE CITY OF ARDEN HILLS. The Arden Hills City Council ordains that Sections 350.03, 350.09, and 350.11 of the Arden Hills City Code are amended; and that Sections 350.14, and 350.15 are added to the Arden Hills City Code to read as follows: 350.03. License. No person shall directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of Tobacco Products unless licensed by the City of Arden Hills. License applications shall be submitted to the City Administrator (or designee) together with the license fees determined from time to time by the City Council. A license shall be issued for the specific premises identified in the application. 350.09. Compliance Checks and Inspections. All premises shall be open to inspections by the City's law enforcement agency, authorized representatives, or other City Officials during regnlar business hours. Compliance checks will be completed at least one time per calendar year at each location where tobacco is licensed to be sold and in accordance with Minnesota Statutes Section 461.12, Subd. 5. Compliance checks shall utilize minors over the age of 15, but under the age of 18, who, with prior written consent of a parent or gnardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee ofthe licensing authority. Minors used for a compliance check shall not be guilty of the unlawful purchase or attempt to purchase, nor the unlawful possession of a tobacco product, or tobacco-related device when such items are obtained as part of a compliance check. No minor used in a compliance check shall attempt to use a false identification or misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or licensee's employee, and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit a compliance check authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. 350.11. Administrative Fines. Suspension. or Revocation. Any violation of the City's regulations relating to the issuance of Tobacco Products License or of any conditions/restrictions attached to the issuance of such license shall be cause for the imposition of an administrative fine, the suspension of the license, or the revocation of the license. A licensee whose license has been revoked shall not be eligible for another Tobacco Product License for one year from the date oflicense revocation.