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HomeMy WebLinkAbout359� 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 regular 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 46L12, 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 guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee of the 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 of license revocation. � � If the violation relates to the sale of tobacco products to minors by licensee or license's employees, the following administrative fines, suspensions, or revocations shall be imposed by the City: Subd. 1. The first such violation within 12 months shall subject the licensee to the payment of an administrative fine of $100.00; Subd. 2. The second violation within 12 months shall subject licensee to the payment of an administrative fine of $500; Subd. 3. The third viola�ion within 12 months shall subject licensee, at licensee's option, to the payment of an administrative fine of $1,000 and a seven (7) business day suspension or a thirty day suspension of the license; Subd. 4. The fourth violation within 12 months shall subject �icensee to a revocation of the license for a one-year period. The imposition of an administrative fine and suspension of a license or to a license revocation pursuant to this section shall be preceded by a hearing before the City Council, unless the license holder elects to waive its right to a public hearing. Licensees, whose licenses have been revoked, shall not be eligible for another Tobacco Product License for one year from the date of license revocation. � 350.14. Fees. No license shall be issued or renewed under this section until the appropriate license fee is paid in full. The annual license fee shall be established by Ordinance as adopted by the City Council. 350.15. Licensee Requirements. A license shall comply with all applicable regulations of the State of Minnesota relating to the sale or dispensing of tobacco products. If there is a conflict between the regulations of the State and regulations of the City, the more restrictive regulations shall control. Adoption Date: Adopted by the City Council of the City of Arden Hill The 26th Day of March, 2007. Stanley D. stead, M yor AT�ES��� . n n � ����� �X.n �- Michelle A. Wolfe, City Administrator h Publication Date: Published on the y� day of �s(J�', � , 2007 � F:Ausers�f3ARBERUERRY�Arden Hills\Ordinance 359-Tobacco.doc � _ �r �s��! � �_ � � d t� i. .,,✓3 � ��� �1�.��� �� ��l���c��.���� �!t�a�t� oF �ir�r�,e�o�ta � S:� �on�r�ty off� 1��nnse� JESSICA ITALIANO , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHnRF,VIF,W RIJLT,F,TTN , and has full knowledge of the facts which are stated below: (i-�j i he newspaper nas comp�ied with ail o� the requirements constituting qualitication as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 359 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on wED• , the 4TH day of APR. , 20 �� , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet CJ 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 notice: 'ABCDEFGHIJKLMNOPQRSTUVWXYZ 'ABCDEFGHIJKLMNOPQRSTUVWXYZ 'abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on � TH this 4 day of APR• , 20 07 �Iptary Piihljt� i �Alphabet should be in the same size and kind of type as the notice. �+:'i/' �lfJV'-_'11`¢J��.",/'f�^J ��e'Lf`,.^'�i1'Vv'L'JV"Jv�d'Jw�;: � /` , � 7��i��i �. vv���r��i�}{a � � n!at�;gr Public-Mirznesota RATE INFORMATION �, � �;; �. �k,;; ;„�n�%r� My Commission Expisag Jan 31, 201d � �; a"v'�rv4 �v`� (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 ......................... 1 /07 � r_._ _.� .... -- BY: f _ _ � .,. ���. ....-��-"--� TITLE- ACCOUN�'IN ASSOCIATE .$24.00 per col. inch .$23.25 per col. inch .$ per col. inch CJ CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 359 AN ORDINANCE RELATING TO BOARDS, COMMITTEES, COMMISSION, AND APPOINTED BODIES WITHIN THE CITY OF ARDEN HILLS CITY CODE OF ARDEN HILLS On the 26th day of March, 2007, the Arden Hills City Council adopted Ordinance No. 359, by five affirmative votes pursuant to Minn Stat. 412.191, Subd 4, and directed City Staff to publish a summary of the Ordinance. Arden Hills Ordinance No. 359 is entitled "Tobacco Products and Licensing" and will become effective the day following publication of this Ordinance Summary. Ordinance No. 359 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. This Ordinance amends the "Tobacco Products and Licensing" section of the City Code. A copy of the Ordinance is available for inspection during regular business hours at the oftice of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www ci arden- hills mn us. (Bulletin: Apr. 4, 2007) CJ • •