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HomeMy WebLinkAbout03-26-07 Item 7A, Ordinance 359 Tobacco Ordinance ~ ~HILLS Request for Council Action Prepared By: Dept.: Council Mtg. Date: Final Action Needed By: Schawn Johnson n. AdiTih,Jsfiatlon--n- Mariih26; 2007 -.r;,;~riih26;2007 Agenda Item: 7.A. BUd-geted Amount:__ Actual Amount: Funding Source: NA NA u _muun nu u uNA ~9~gI;!~Is4:~!ll[~1[R~]jg:e&~tiJFJi@Biff~~jfit~]lrufl____________________.,_n""__",.,.""""",..,,,,,...._..__.__._____ !Motiol1 to Approve Ordinance #359: Amending the City's Tobacco Ordinance: i-Amending Sections 350.03, 350.09, and 350.11 of the Arden Hills City Code i-Adding Sections 350.14 and 350.15 to the Arden Hills City Code iMotion to Approve the printing of a Legal Notice Summarizing Ordinance No. 359 - Amending the City of Arden Hills Tobacco Products and Licensing Regulations 350.03,350.09, and of the Hills City Code Sections 350.14 and 350.15 to the Arden Hills City Code to Approve the printing of a Legal Notice Summarizing Ordinance No. 359 - Amending the City of Arden Hills Tobacco Products and Licensing Regulations x Dated March 26, 2007 From Schawn Johnson, Assistant City Administrator x No.: 359 -Amending Sections 350.03, 350.09, and 350.11 of the Arden Hills City Code -Adding Sections 350.14 and 350.15 to the Arden Hills City Code Recommendation: Recommendation: ~ ~~HILLS MEMORANDUM DATE: March 26, 2007 Agenda Item 7.A. TO: Honorable Mayor and City Council Members Michelle Wolfe, City Administrator Schawn Johnson, Assistant City Administrator 66 FROM: SUBJECT: Motion to Approve Ordinance #359: Amending the City's Tobacco Ordinance -Amending Sections 350.03, 350.09, and 350.11 of the Arden Hills City Code -Adding Sections 350.14 and 350.15 to the Arden Hills City Code Background Recently City staff and City Attorney Jerry Filla reviewed the City's tobacco ordinance and noticed that a few changes were needed to bring the ordinance into compliance with State Statute. Also, City staff is recommending changes to the administrative fines, suspension, and revocation portion of the tobacco ordinance. The City's current tobacco ordinance has not been updated in a number of years. Based upon the review of the ordinance by City staff and City Attorney Filla, the following changes to the City's tobacco products and licensing section of the City Code are being recommended for adoption by the City Council: 1. City staff is recommending that the following language identified in bold be removed from 350.03 of the City's Tobacco Ordinance: 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. City staff is recommending that the following language be adopted in 350.03 of the City's Tobacco Products Section ofthe City Code: 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. 2. City staff is recommending that the following language identified in bold be deleted from 350.09. ofthe City's Tobacco Products Section of the City Code: l\rnetro-inetlardenhills\Admin\Assistant City AdministratorlMemo's and Letters\2007lTobacco Ordinance.Mar 2007.DOC Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City's law enforcement agency, representatives, or other 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. 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 of federal law. City staff is recommending that the following language be adopted in 350.09 of the City's Tobacco Products Section of the City Code: 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 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 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. 3. City staff is recommending that the following language identified in bold be deleted from 350.11, subd 1. and subd 2. of the City's Tobacco Products Section of the City Code. Administrative Fine. Suspension or Revocation. Subd. 1. Any violation ofthe City's regulations relating to the issuance of a tobacco product license or of any condition/restriction attached to the issuance 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 (1) year from the date of license revocation. 2 Subd. 2. 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 administrative fines set out in the fee schedule appendix to this code, suspensions or revocations shall be imposed. City staff is recommending that the following language be adopted in 350.11 of the City's Tobacco Products Section of the City Code: 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 ofthe 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 $500; Subd. 3. The third violation within 12 months shall subject licensee, at licensee's option, to the payment ofan administrative fme of$I,OOO 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 licensee 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 oflicense revocation. 4. City staff is recommending that the following language identified in sections 350.14 and 350.15 will be added to the City Code: 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 oftobacco products. If there is a conflict 3 between the regulations ofthe State and regulations ofthe City, the more restrictive regulations shall control. Recommendation . Motion by the City Council to Adopt Ordinance #359-Amending the City of Arden Hills Tobacco Products and Licensing Regulations. -Amending Sections 350.03, 350.09, and 350.11 ofthe Arden Hills City Code -Adding Sections 350.14 and 350.15 to the Arden Hills City Code . Motion to Approve the printing of a Legal Notice Summarizing Ordinance No. 359 - Amending the City of Arden Hills Tobacco Products and Licensing Regulations Attachments: . Ordinance #385-Tobacco Ordinance 4 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. Ifthe 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 $1 00.00; Subd. 2. The second violation within 12 months shall subject licensee to the payment of an administrative fine of $500; Subd. 3. The third violation within 12 months shall subject licensee, at licensee's option, to the payment of an administrative fine of$l,OOO 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 licensee to a revocation ofthe 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 ofthe State of Minnesota relating to the sale or dispensing oftobacco 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 Hills The 26th Day of March, 2007. Stanley D. Harpstead, Mayor ATTEST: Michelle A. Wolfe, City Administrator Publication Date: Published on the _ day of ,2007 F:\users\BARBER\JERRY\Arden Hills\Ordinance 359~ Tobacco.doc ~ ---A.~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 359 AN ORDINANCE REGULATING TOBACCO PRODUCTS AND LICENSING IN THE CITY OF ARDEN HILLS 350.01 Purpose. The City recognizes that many persons under the age of eighteen (18) years of age purchase or otherwise obtain, possesses and use tobacco, tobacco products, and tobacco related devices, and that such sales, possession and use are in violation 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 of age, and that people 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 section is intended to regulate the sale, possession, and use oftobacco, tobacco products and tobacco related devices for the purpose of enforcing and furthering the 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 M.S. 144.391, and as amended from time to time. 350.02 Definitions and Interpretations. Subd. I. 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. A. The words "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 section. B. The words "Individually Packaged" means any tobacco product wrapped individually for sale. Individually wrapped tobacco products shall include, but not limited to, single cigarette packs, single bags, or can ofloose tobacco in any form, and the 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 Packed." C. The word "Minor" means any natural person who has not yet reached the age of eighteen (18) years. D. The words "Moveable Place of Business" means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportation shelter. E. The words "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. F. The word "Sale" means any transfer of goods for money, trade, barter, or other consideration. G. The words "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 oflicensee's employee. As used herein, "Self-Service Merchandising" shall not include dispensing products by a vending machine. H. The words "Tobacco Products" means any substance or item containing tobacco, leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff, granulated, plug 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, sniffmg, or smoking. 1. "Tobacco Related Device" means any devise intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of a tobacco product. J. The words "Vending Machine" means any mechanical, electrical 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. 3503.03 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. 350.04 Application. A. An application for a license to sell 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. B. Upon receipt of a completed application and any investigation required thereby, the City Administrator (or designee) shall forward the application to the City Council for action at a regularly scheduled Council meeting. If the City Administrator (or designee) determines that an application is incomplete, the application shall be returned to the applicant with notice ofthe information required to complete the application. Subd 2. Action. The City Council may either approve or deny the license application. Ifthe City Council approves the license, the City Administrator (or designee) shall issue the license to the applicant. If the City Council denies the license, a notice ofthe denial shall be given to the applicant containing the City Council's reason for denial. Subd 3. Terms. All licensees issued under this section shall be valid until December 31 of the year the license is issued. Subd 4. Revocation and Suspension. Any license issued under this section my be revoked or suspended as provided in the violation and penalties subsection. Subd 5. Transfers. All licenses issued under this section shall be valid only on the premises 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. Subd. 6. Moveable Place of Business. No license shall be issued which allows a tobacco product or a tobacco product or a tobacco related device to be sold in a moveable place of business. Subd 7. Display. All licenses shall be posted and displayed in plain view of the general public on the license premises. Subd 8. Renewals. A license may be renewed by the City Administrator (or designee) upon verification ofthe accuracy of the information contained in the original application and upon receipt of the appropriate license fee provided that the license has not violated any ofthe provisions ofthis section. The request for a renewal shall be made at least thirty (30) days, but no more than sixty (60) days before the expiration of the current license. Subd 9. Fees No license shall be issued or renewed nnder this section until the appropriate license fee is paid in full. The annualliceuse fee shall be established by Ordinance as adopted by the City Council. 350.05 Basis for Denial of License. The following may be grounds for denying the issuance or renewal of a license under this section: Subd 1. The applicant is under the age of eighteen (18) years; Subd 2. 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; Subd 3. 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 of the application; Subd 4. The applicant provides false or misleading information in the application, or in connection with the renewal ofthe license; and/or Subd 5. The applicant is prohibited by federal, state, or other local law from holding such a license. 350.06 Prohbited Sales. No person shall sell or offer to sell a tobacco product or tobacco related device: Subd 1. To any person under the age of eighteen (18) years; Subd 2. By means of any type of vending machine, except as may otherwise by provided in this section; Subd 3. By means of self-service merchandising; Subd 4. By means of individually packaging; Subd 5. Containing opium, morphine, jimsonweed, bella donna, strychos, cocaine, marijuana, 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; and/or Subd 6. By any means or form prohibited by federal, state, or local law. 350.07 Vending Machines. It shall be unlawful for any person to allow the sale of a tobacco product, or a tobacco related device by means of a vending machine unless minors are at all times prohibited form entering the licensed establishment. 350.08 Resllonsibilitv. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of a tobacco product, or a tobacco related device licensed premises. 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 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 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 tobaccocrelated 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. 350.10 Other Illegal Acts. It shall be unlawful for any person to sell or otherwise provide a tobacco product, or a tobacco related device to a minor. Subd. 1 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. Subd. 2 Illegal Possession. It shall be unlawful for a minor to have in his or her possession a tobacco product, or a tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3 Illegal Usage. It shall be unlawful for a minor to smoke, chew, sniff or otherwise use a tobacco product or tobacco related device. Subd. 4 Illegal Procurement. Except as it relates to minors lawfully engaged in a compliance check, it shall be unlawful: A. For a minor or attempt to purchase or otherwise obtain, a tobacco product or a tobacco related devices; B. For a person to purchase or otherwise obtain a tobacco product or a tobacco related device on behalf of a minor; or C. For a person to coerce or attempt to coerce a minor to legally purchase or otherwise obtain or use a tobacco product or a tobacco related device. Subd. 5 Use of False Identification. It shall be a violation ofthis section for any minor to attempt to disguise his or her true age by the use of a false form of identifications 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 that the actual age ofthe person. 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. I. The first such violation within 12 months shall subject the licensee to the payment of an administrative fine of $1 00.00; Subd. 2. The second violation within 12 months shall subject licensee to the payment of an administrative fine of $500; Subd. 3. The third violation within 12 months shall subject licensee, at licensee's option, to the payment of an administrative fine of$I,OOO 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 licensee to a revocation of the license for a one-year period. 350.12 Hearing. 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. 350.13 Exceptions and Defenses. Nothing in this section 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 the violation of this section of a person to have reasonably relied on proof of age as described by state law. 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 Cit Council. 350.15. Licensee Reouirements. A license shall comply with all applicable regulations of the State of Minnesota relating to the sale or dispensing oftobacco products. If there is a conflict between the regulations of the State and regulations ofthe City, the more restrictive regulations shall control. Adoption Date: Adopted by the City Council of the City of Arden Hills The Day of ,2007. Publication Date: Published on the _ day of ,2007 \\Earth\Admin\Counci1\Ordinances\Ordinance 359-Tobacco (2007).doc