HomeMy WebLinkAbout359CITY 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 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.
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 violation 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 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 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 Hi,
The 26th Day of March, 2007.
tanley D. stead, M yor
ATTEST:
Michelle A. Wolfe, City Adminisssttrlaattdrr •r
Publication Date: Published on the S/34�" day of /-sec. \ 12007
FAusm\BARBERUERRY\Arden Hills\Ordinance 359-Tobacco.doc