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Home My WebLink About2023-012'2� EN HILLS ORDINANCE NO.2023-012 CITY OF ARDEN HILLS COUNTY OF RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, SECTION 350 OF THE ARDEN HILLS CITY CODE REGARDING TOBACCO PRODUCTS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 — Licenses and Regulations, Section 350 — Tobacco Products, Subsection 350.02 — Definitions, is hereby amended as follows: • Flavored Product: Any licensed product, whether natural or synthetic, that contains a taste or smell; other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a tobacco or tobacco product, tobacco - related device, electronic delivery device, and nicotine or lobelia delivery device, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than tobacco will constitute presumptive evidence that the product is a flavored product. • Licensed Products: Any product containing, made of, or derived from tobacco, nicotine, or lobelia, regardless of source, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, Tobacco Related Device, or any component, part, or accessory of the same, whether or not containing tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and pipes. "Licensed Product" also includes any electronic delivery device. "Licensed Product' excludes any product that has been approved by the United States Food and Drug Administration for legal sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. SECTION 2. Chapter 3 — Licenses and Regulations, Section 350 — Tobacco Products, Subsection 350.06 — Prohibited Sales, is hereby amended as follows: (A) It shall be a violation of this section for any person to sell or offer to sell any licensed products as follows: Subd. 2 No person shall sell or offer for sale any flavored products, whether natural or synthetic. Subd. 6 Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (B) It shall be a violation of this section for any person to sell or offer to sell any product by any means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. SECTION 3. Chapter 3 — Licenses and Regulations, Section 350 — Tobacco Products, Subsection 350.11 — Administrative Fine, Suspension or Revocation, is hereby amended as follows: 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 licensed products to persons under the age of 21 by licensee or licensee's employees, the following administrative fines, suspensions, or revocations shall be imposed by the City: (amended 3/26/07) Subd. 1 The first such violation shall subject the licensee to the payment of an administrative fine of $300; Subd. 2 The second violation within 36 months shall subject the licensee to the payment of an administrative fine of $600; Subd. 3 The third violation or any subsequent violation within 36 months of initial violation shall subject licensee to the payment of an administrative fine of $ $1,000 and not less than a seven (7) business day suspension and license may be revoked (MN Statute 461.12, Subd. 2). (amd. 4/26/21) Licensees, whose licenses have been revoked, shall not be eligible for another Tobacco Product License for one year from the date of license revocation. SECTION 4. Chapter 3 — Licenses and Regulations, Section 350 — Tobacco Products, Subsection 350.12 — Hearing, is hereby amended as follows: A licensee may appeal the imposition of an administrative fine, a suspension of license, a revocation of license, or any combination of administrative fine, suspension, or revocation, in writing within fourteen (14) days of the mailing of the notice of the imposition of said fine, suspension, or revocation. All appeals shall be scheduled for a hearing before the City Council at the next regularly scheduled council meeting, except that if the notice of appeal is received by the city three (3) or fewer days before the next regularly scheduled meeting, the hearing shall be scheduled for the following regular council meeting. The failure to submit a written notice of appeal within fourteen (14) days of the mailing of the notice of a fine, suspension, or revocation shall constitute the waiver of any right to appeal said fine, suspension, or revocation. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 13th day of November, 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS M. ATTEST: ?'4L q�� Julie Hanson, City Clerk David Grant, Mayor