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HomeMy WebLinkAbout310 MINNESOTA Department of Revenue ------ - ---- - -- ------~ - --- - ___ _ ___.._.__._________"~._~,__,..__,.~__._______m ---- --- Special Taxes Division Mail Station 3331 St Paul, MN 55146 Phone (651) 297-1882 Fax (651)297-1939 . (800) 657-3618 MEMO To: Cigarette and Tobacco Licensing Department From: Wayne Lang, Supervisor-Cigarette & Tobacco Unit Date: August 14,2001 In July of this year, I sent a notice to your attention outlining several law changes enacted by the 2001 Minnesota Legislature. Among the changes highlighted in the letter was the following paragraph regarding the tobacco license reporting requirement for counties and other local units of government: County Licensing Reporting Requirement. Minnesota Statute, 9 461.12, was amended by adding a subdivision to require a county or other local unit of govemment to report the tfile identity of all retail tobacco license holders to the Department of Revenue. The reports must be made to the Department . of Revenue within 30 days of the issuance or renewal or transfer ofthe license. The law is effective for licenses issued, renewed, transferred, canceled, suspended, or revoked on or after January 1,2002. Forms and instructions for making these reports to the Department of Revenue will be available in several months. Attached to this memo is the form we would like you to use when reporting the identity of license holders when you issue, renew, transfer, cancel, suspend, or revoke a tobacco license in your county, city, or other unit of government. You will need to start using this form after January 1,2002. Sometime before January 31, 2002, we would appreciate it if you would send us a listing of all retailers in your county, city or township holding a cigarette or tobacco license as of December 31, 2001 (including business name, address, and owner/officer information). You may submit this information on paper or electronically in spreadsheet form either as an email attachment, disk or CD. This will enable us to establish a database of cigarette and tobacco retail licensees for the whole state. !fyou have any questions, please contact our office at either of the above numbers. . An equal opportunity employer TDD: (651) 297-2196 ~ffibatlit of ~ublication RECEIVED . $tatt of Jtlinnt50ta } MAY 1 9 1999 55. \tountp of ll\am5tp CITY OF ARDEN HILLS STEPHANIE MICHEL , 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 SHOREVIEW BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 310 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 WEDNESDAY, the 12TH day of MAY 1999, and was thereafter printed and published on every to and including , the day of , 19~; and printed below is a copy of the lower case alphabet from A to 2, 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 BY: " 1W-S> \. ~' '" *abcdefghijkl m nopq rstuvwxyz TITLE Bookkeeper Subscribed and sworn to before me on thi 12TH day of MAY ,1999. ~A_ ~ ~A/?iL Notary Pu lic *Alphabet should be In the same size and kmd of type as the notice. L"'~AA-~It ;' ,fl' YA R. STEl;SGft.fl:J ~ : . '?,JiY PU8UC - r,~I;'1NESOIA ~ GilSAGO COUNTY RATE INFORMATION '~} ,>-m. !Expires Jan. 31 2000 (1 fct'o~7ill\'!'8iglm1fl~r~'1o/"id by commercial users for comparable space. . . . . . . . . . . . . . . $18.70 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . $12.71 per col. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . $ per col. inch . 1/99 ___ J CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA On the 26th day of April, 1999, the City Council of the City 01 Arden Hills adopted Ordinance No. 310 which is entitled MAN ORDINANCE RELATING TO THE SALE. POSSESSION, AND USE OF rOBACCO . PRODUCTS AND TOBACCO RELATED DEVICES IN rHE CITY OF ARDEN HillS." The City Council, by an aftlrmative vote of at least four Councilmembers, directed that a summary of Ordinance be published in the Clty'sotficial newspaper, and that a printed copy of OrdinanCe No. 310 be posted on the CIty's bulletin board. and othelWise be made available for inspection at City Hall, located at 4364 West Round Lake Road, during regular business hours. Ordinance No. 310 contains regulations relating to the sale, possession. and use of tobacco products and tobacco related devices, defines conduct which would be in violation of the City's regulations. It requires compliance checks on a regular basis and includes provisions for administrative fines and/or license suspension. Effecllve Date. Ordinance No. 310 shall become effective the day following its publication, or the publication of this ordinance summary in the Cily's official newspaper. Adoption Oate. Passed by the City Council of the City 01 Arden Hills this 26th day of April, 1999. Dennis Probst Mayor ATTESr: Brian Frltslnger City Administrator (Bulletin: May 12, 1999) . . I . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA On the 26th day of April , 1999, the City Council of the City of Arden Hills adopted Ordinance No.310 which is entitled "AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES IN THE CITY OF ARDEN HILLS". The City Council, by an affirmative vote of at least four Councilmembers, directed that a summary of Ordinance be published in the City's official newspaper, and that a printed copy of Ordinance No. 310 be posted on the City's bulletin board, and otherwise be made available for inspection at City Hall, located at 4364 West Round Lake Road, during regular business hours. Ordinance No. 310 contains regulations relating to the sale, possession and use of tobacco products and tobacco related devices, defines conduct which would be in violation of the City's regulations. It requires compliance checks on a regular basis and includes provisions for administrative fines and/or license suspension. Effective Date. Ordinance No. 310 shall become effective the day following its publication, or the publication of this ordinance summary in the City's official newspaper. e Adoption Date. Passed by the City Council of the City of Arden Hills this day of26'h day of April, 1999. Dennis Probst, Mayor ATTEST: Brian Fritsinger, City Administrator Publication Date. Published on tbe of ,1999. . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 310 AN ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES IN THE CITY OF ARDEN HILLS. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS ORDAINS THAT CHAPTER 13.5 AND ITS SUBDIVISIONS ARE HEREBY ADDED TO THE ARDEN HILLS CITY CODE TO READ AS FOLLOWS: Chapter 13.5 Tobacco Products 13.5-1. Purpose. The City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, and tobacco related devices, and that such sales, possession, and use are violations of both state and federal laws. . Studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years, and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking. Smoking is believed to be associated with several serious health problems which subsequently place a financial burden on all levels of government. Consequently, this Chapter is intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing law, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minnesota Statutes S 144.391. 13.5-2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: (a) Tobacco Product. "Tobacco Product" means any substance or item containing . tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, . crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. (b) Tobacco Related Device. "Tobacco Related Device" means any device intentionally dcsigned or intended to be used in a manner which enables the chewing, sniffing, or smoking of a tobacco product. (c) Self-Service Merchandising. "Self-Service Merchandising" means an open display of a tobacco product, or a tobacco related device in a manner where a person has access to the tobacco product, or the tobacco related device, without the assistance or intervention oftlle licensee or the licensee's employee. As used herein, "Self-Service Merchandising" shall not include dispensing products by a vending machine. (d) Vending Machine. "Vending Machine" means any mechanical, electric or electronic, or other type of device which dispenses a tobacco product, or a tobacco related device upon the insertion of money, tokens, or other form of payment directly into the machine. (e) Individuallv -packaged. "Individually Packaged" means any tobacco product . wrapped individually for sale. Individually wrapped tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. (f) Minor. "Minor" means any natural person who has not yet reacbed the age of eighteen (18) years. (g) Retail Establishment. "Retail Establishment" means any place of business where a tobacco product, or a tobacco related device is available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, restaurants and on-sale or off-sale liquor establishments. (h) Moveable Place of Business. "Moveable Place of Business" means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter. (i) Sale. "Sale" means any transfer of goods for moncy, trade, barter, or other consideration. . - . (j) Compliance Check. "Compliance Check" means a system used to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this Chapter. 13.5-3. License. No person shall sell or offer for sale any tobacco product, or tobacco related device without first having obtained a license to do so from the City. (a) Aoolication. An application for a licensc to sell a tobacco product, or a tobacco related device shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application and any investigation required thereby, the City Administrator shall forward the application to the City Council for action at a regularly scheduled Council meeting. If the City Administrator determines that an application is incomplete, the application shall be returned to the applicant with notice ofthe information required to complete the application. (b) Action. The City Council may either approve or deny the license application. If . the City Council approves the license, the City Administrator shall issue the license to the applicant. Ifthe City Council denies the license, a notice of the denial shall be gi ven to the applicant containing the City Council's reason for denial. (c) Term. All licenses issued under this Chapter shall be valid until December 31" of the year tbe license is issued. (d) Revocation or Suspension. Any license issued under this Chapter may be revoked or suspended as provided in the Violations and Penalties section of this Chapter. (e) Transfers. All licenses issued under this Chapter shall be valid only on the premiscs for which the license was issued and only for the person or entity to whom the license was issued. No transfer of any license to another location or person or entity shall be valid without the prior approval of the City Council. (t) Moveable Place of Business. No license shall be issued which allows a tobacco product or a tobacco rclated device to be sold in a moveable place of business. (g) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. . -.---.- . (h) Renewals. A license may be renewed by the City Administrator upon verification of the accuracy of the information contained in the original application and upon receipt of the appropriate license fee provided that the licensee has not violated any of the provisions oftllis Chapter. The request for a renewal shall be made at least thirty (30) days, but no more than sixty (60) days before tlle expiration oftlle current license. 13.5-4. Fces. No license shall be issued or renewed under this Chapter until the appropriate license fee is paid in full. The annual license fee shall be as determined, from time to time, by resolution of the City Council. 13.5-5. Basis for Dcnial of License. The following may be grounds for denying the issuance or renewal of a license under this Chapter: (a) The applicant is under the age of eighteen (18) years. (b) The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law relating to a tobacco product or a tobacco related . device. (c) The applicant has had a license to sell a tobacco product, or a tobacco related device revoked within the preceding twelve (12) months of the date ofthe application. (d) Thc applicant provides false or misleading information in the application, or in connection with the renewal of the license. (e) The applicant is prohibited by federal, state or other local law, from holding such a license. 13.5-6. Prohibited Sales. No person shall sell or offer to sell a tobacco product, or tobacco related device: (a) To any person under the age of eighteen (18) years. (b) By means of any type of vending machine, except as may otherwise be provided in this Chapter. . . (c) By means of "Self Service Merchandising". (d) By means of "Individually Packaging". (e) Containing opium, morphine, jimsonweed, bella donna, strychnos, cocaine, marij uana, 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. (f) By any means or form prohibited by federal, state or local law. Section 13.5-7. Vending Machines. I t shall be unlawful for any pcrson to allow the sale of a tobacco product, or a tobacco rclated device by means of a vending machine unless minors are at all times prohibited from entering the licenscd establishment. Section 13.5-8. Rcsponsibility. All licensees under this ordinance shall be responsible for the actions of their employees in rcgard to the sale of a tobacco product, or a tobacco related device on the licensed premIses. . Section 13.5-9. Compliance Check and Inspections. All licensed premises shall be open to inspection by the City's law enforcement agency, representatives, or otber authorized City officials during regular business hours. From time to time, but at least once per year, the City or its authorized representative shall conduct a compliance check by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premises to attempt to purchase a tobacco product, or a tobacco related device. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers, or other designated personnel. 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 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. Notbing in this Chapter 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 of federal law. . . Section 13.5-10. Other Illegal Acts. Unless otberwise provided, the following acts shall be a violation of this Chapter. (a) Illegal Sales. It shall be unlawful for any person to sell or otherwise provide a tobacco product, or a tobacco related device to a minor. (b) Illegal Possession. It shall be unlawful for a minor to have in his/her possession a tobacco product, or a tobacco related device. This subdivision shall not apply to minors lawfully involved in a Compliance Check. (c) Illegal Use. It shall be unlawful for a minor to smoke, chew, sniff or otherwise use a tobacco product or tobacco relatcd device. (d) Illegal Procurement. Except as it relates to minors lawfully engaged in a compliance check, it shall be unlawful: (I) for a minor to purchase or attempt to purchase or otherwise obtain, a tobacco product or a tobacco related device. (2) for a person to purchase or otherwise obtain a tobacco product or a tobacco related device on behalf of a minor. . (3) for a person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use a tobacco product or a tobacco related device. (c) Use of False Identification. It shall be a violation of this ordinance Jor any minor to attempt to disguise his or her true age by the use of a falsc form of identification whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of thc person. Section 13.5-11. Administrative Fine, Suspension or Rcvocation. Any violation of the City's regulations relating to the issuance of a tobacco product license or of any condition/restriction attached to the issuancc of such license shall be cause for the imposition of an administrative fine, suspension of the license or revocation of the license pursuant to the procedures described herein. A licensee whose license has been revoked shall not be eligible for another tobacco product license for one (I) year from the date of license revocation. If the violation relates to the sale of a tobacco product or a tobacco related device to a minor by licensee or licensee's employees, the following administrative fines, suspensions or revocations shall be imposed: . . (a) The first such violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $200. (b) The second violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of$500. (c) The third violation within twenty-four (24) months shall subject the licensee, at licensee's option, to the payment of an administrative fine of $1 ,000 or to a minimum seven (7) business day suspension of thc license. The licensee shall notify the City Administrator in writing within ten (10) days of the date specified in the license violation notice if licensee selects a license suspension option or shall otherwise remit the administrativc fine to the City within such time period. (d) The fourth violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of$l, 500 and to a minimum seven (7) business day suspension of the license. Section 13.5-12. Hearing. The imposition of an administrative fine and/or a suspension of license, unless the suspension is requested by licensee, shall be preceded by a hearing before the City CounciL . Section 13.5-13. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to tlle violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. Section 13.5-14. Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforcability of any other section or provision of this ordinance. Effcctive Date. This ordinance shall become effective tbe day following its publication or the day following thc publication of an ordinance summary approved by the City Council in the City's official newspaper. . . Adoption Date. I Passed by the City Council of the City of Arden Hills tllis day, ATTEST: ,,~'--- ;7.. /-"~ ~/. ..,~ /'.---- / ".// ~~ . -~r . ~-a- ~~--_/----_._-- ..::-. , .... ~- .;; BRIAN FRITsn<iGER, CITY ADMINISTRATOR . .