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Home My WebLink About2024 05-14 PC PACKETCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – May 14, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the May 14, 2024, Planning Commission Meeting • Approve the Minutes from March 12, 2024, Planning Commission Meeting Public Hearings • None Old Business • None New Business • Ordinance No. 68 and 115 Tobacco Discussion • Ordinance No. 09, 65, and 116 Liquor Discussion • Ordinance No. 60 and 117 Charitable Gambling Discussion • Fee Schedule Suggested Changes Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, May 21, 2024 • Next Planning Commission Meeting, Tuesday, June 11, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____ City of Gem Lake Planning Commission Meeting Minutes March 12, 2024 1 | Page City of Gem Lake Planning Commission Meeting – March 12, 2024 Meeting Minutes Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Don Cummings were present. Not present were Derek Wippich and Stephanie Farrell. Also present: City Planner Evan Monson, Apprentice City Planner CJ Sycks, City Attorney Stand-in Martin Norder, and Acting City Clerk Melissa Lawrence. March 12, 2024 A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion carried, agenda accepted. Minutes A motion was made by Commissioner Pratt to approve the February 13, 2024, Planning Commission Meeting minutes, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion carried, minutes are approved. Public Hearings None Old Business Ordinance No. 45 Garbage and Refuse Discussion City Planner Evan Monson shared with the Commission that over the last few meetings, the Planning Commission has discussed updates to the garbage and refuse ordinance (ordinance 45). The commissioners reviewed different examples of garbage ordinances from nearby communities, and reviewed results of a survey that was sent out by city staff last fall to residents on their garbage hauling service. A redlined draft ordinance was submitted for review by the commissioners, with changes proposed to address comments and suggestions made at previous meetings. Also included was a clean draft of the proposed ordinance. The ordinance is now more streamlined and brought up to date. It also leaves room for future changes if the City decides to contract out a garbage hauler. A motion was made by Commissioner Pratt to forward the updated ordinance no. 45 to the City Council for approval, seconded by Commission Chair Patrick. Voice vote taken, all voted yes, motion carried. Gem Lake Tree Policy Discussion City Attorney Kevin Beck put together a FAQ’s sheet with a couple scenarios regarding trees on public property. These FAQ’s will be put online for residents. The Commission reviewed the suggested FAQ’s and believed they would be a great addition to the website. A motion was made by Commissioner Cummings to forward FAQ’s sheet to the City Council for approval, seconded by Commissioner Pratt. Voice vote taken, all voted yes, motion carried. Beekeeping Discussion Apprentice City Planner CJ Sycks presented the Commission with a draft revision of Ordinance No. 142 Agricultural and Wild Animals, to include information on beekeeping regulations. The Minnesota Hobby Beekeepers Association has prepared a model ordinance for beekeeping. The proposed additions are derived from this model ordinance, as well as the beekeeping ordinances adopted by St. Paul Park, Shakopee, and White Bear Lake. A new section was added to Ordinance No. 142 to include information on permitted operations, permitting and inspections, definitions, standards of practice and right of entry for inspections. The Planning Commission should review draft Ordinance No. 142. Any further changes should be recommended to staff. If there are no edits, a recommendation may be made to the City Council for their review. The Commission reviewed the new suggested section and requested a slight edit to one of the definitions and to add language that would prohibit the sale of items in the Gateway District. The edits will be made and then recommended to the Council. City of Gem Lake Planning Commission Meeting Minutes March 12, 2024 2 | Page A motion was made by Commissioner Cummings to forward the suggested beekeeping language with the completed suggested edits to Ordinance No. 142 to the City Council for approval, seconded by Commission Chair Pratt. Voice vote taken, all voted yes, motion carried. New Business None Open Items for Commission Members to Bring Up Commissioner Cummings shared with the Commission that there is discussion of overnight camping going on in the world and whether it is lawful to keep someone from doing it on public land. This is not a pressing issue, but Commissioner Cummings wanted to bring it to the attention of the Commission. Future Meetings City Council Meeting, Tuesday, March 19, 2024 at Heritage Hall, and Planning Commission Meeting, Tuesday, April 9, 2024 at Heritage Hall. Attendance Inquiry Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues attending the April 9, 2024 meeting. At this time those in attendance will all be at the next meeting. Adjournment Being there no further business, following a motion from Commissioner Pratt, seconded by Commissioner Cummings, the meeting adjourned at 7:45 p.m. Respectfully submitted, Melissa Lawrence Memorandum To: Gem Lake Planning Commission Project Reference: Ordinance Updates Copies To: Melissa Lawrence, City Clerk Kevin Beck, Attorney TKDA Project No.: 21076.000 From: CJ Sycks, Planner Client No.: Evan Monson, Planner Date: April 29, 2024 SUBJECT: Discussion regarding the Gem Lake Liquor, Tobacco, and Gambling Ordinances MEETING DATE: May 14, 2024 ITEMS REVIEWED: Gem Lake’s current and past ordinances regarding Gas, Electric, Liquor, Tobacco, and Gambling Overview The City Council has tasked the Planning Commission with reviewing ordinances regarding Liquor, Tobacco, Gas and Electric Franchises, and Gambling. These ordinances are: 1. Ordinances 57 and 118 – Electric Franchise 2. Ordinances 56 and 119 – Gas Franchise 3. Ordinances 9 and 65 – Intoxicating Liquor 4. Ordinance 116 – Non-Intoxicating Liquor 5. Ordinances 68 and 115 – Tobacco Regulation 6. Ordinances 60 and 117 – Charitable Gambling The following section describes each Ordinance that was updated. Ordinance Updates Electric Franchise Ord. No. 57 is no longer active and has been removed from the City’s website. Ord. No. 118 replaced No. 57 in 2010 and is active until 2030. This ordinance grants Xcel Energy (and their successors) permission to operate an electric distribution system. Gas Franchise Ord. No. 56 was no longer active and has been removed from the City’s website. Ord. No. 119 replaced No. 56 in 2010 and is active until 2030. This ordinance grants Xcel Energy (and their successors) permission to operate a gas distribution system. Intoxicating Liquor Ord. No. 9 was adopted in 1963 and has been amended five times since then. The most recent amendment, Ord. No. 116, has been incorporated into Ord. No. 9. The amendments can be found in red. This ordinance regulates the sale and consumption of liquor and the penalties for violation. Charitable Gambling Ord. No. 60 was adopted in 1991. The 2010 amendment, Ord. No. 117, has been incorporated into Ord. No. 60 and has been reformatted to be consistent with other city ordinances. The amendments are shown in the proposed Ordinance. This ordinance regulates the operation and sale of gambling devices in on-sale liquor establishments. Gem Lake – Ordinance Updates Gem Lake Planning Commission May 14, 2024 Page 2 Non-Intoxicating Liquor Ord. No. 65 was adopted in 1995 and amended in 2009. No changes have been made to the content. Ord. No. 65 has been reformatted to be consistent with other city ordinances, such as No. 9 (Intoxicating Liquor). This ordinance regulates the sale and consumption of non-intoxicating liquor and the penalties for violation. Tobacco Regulations Ord. No. 68 was adopted in 1998. The 2010 amendment, Ord. No. 115, has been incorporated into Ord. No. 68 and has been reformatted to be consistent with other city ordinances. This ordinance regulates the sale, distribution, possession, and use of tobacco and tobacco related devices, and the penalties for violation. In 2019, the former President signed legislation to change the minimum age for tobacco and nicotine sales and use from 18 years old to 21 years old. The legislation is referred to as “Tobacco 21” or “T21”. In August 2020, Minnesota strengthened T21 by allowing local governments to conduct compliance checks. The proposed Ord. No. 68, including the T21 State legislation and changes, are listed in Table 1. Table 1: Proposed Changes to Ordinance No. 68 Current Proposed Title “Tobacco Regulation“ “Tobacco and Nicotine Regulation” Products Regulated “Tobacco, tobacco products, and tobacco related devices” “Tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products” - Now referred to as “licensed products” for conciseness Age Minors/persons under the age of 18 Persons under the age of 21 years Definitions Now includes a definition for “Electronic Delivery Device”, “Licensed Products”, and “Nicotine or Lobelia Product” Controlled Substance (5.1.5) “Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or otherwise controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process.” No longer includes “marijuana” Self-Service Sales (6.1.1) Exemptions for Cartons or Multi-Packs Removed Fees All administrative fees and penalty amounts are listed in the ordinance All fees are now referred to “as determined by the City’s adopted Fee Schedule” Compliance Checks (8.1) 15-17 years olds can participate in compliance checks 17–20 year olds can participate in compliance checks Fee Schedule Updates Along with the Ordinance updates listed above, Staff recommends that the City’s Fee Schedule be updated to house any fees, fines, and other charges that are currently in the Gambling, Liquor, or Tobacco ordinances . Having all fees within the Fee Schedule creates a more organized, transparent, and intuitive administrative process. It also requires one ordinance to be updated, rather than individually updating every ordinance that includes a fee. Gem Lake – Ordinance Updates Gem Lake Planning Commission May 14, 2024 Page 3 Fees to review include: 1. Charitable Gambling Investigation 2. Liquor Licenses 3. Tobacco and Nicotine License 4. Penalties for Intoxicating Liquor 5. Penalty for Non-Intoxicating Liquor 6. Penalties for Tobacco and Nicotine Recommendation The Commission should review the draft ordinances and determine if they should be amended any further. If the Commission desires additional review, direction regarding ordinance changes should be provided to planning staff. If not, the commission can recommend the drafts be forwarded to the City Council for review and approval. Attachments: 1. Ordinance 9 – Intoxicating Liquor – DRAFT – Redlined 2. Ordinance 60 – Charitable Gambling – DRAFT – Redlined 3. Ordinance 65 – Nonintoxicating Liquor – DRAFT – Redlined 4. Ordinance 68 – Tobacco Regulation – DRAFT – Redlined 5. Ordinance 135 - Fee Schedule – DRAFT – Redlined CIS:epm:jdc City of Gem Lake, Ramsey County, Minnesota Tobacco and Nicotine Regulation Ordinance No. 68 AN ORDINANCE REGULATING THE SALE, DISTRIBUTION, POSSESSION, AND USE OF TOBACCO; TOBACCO-RELATED AND ELECTRONIC DELIVERY DEVICES; AND NICOTINE AND LIOBELIA PRODUCTS IN THE CITY OF GEM LAKE AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO REDUCE THE ILLEGAL SALE, DISTRIBUTION, POSSESSION, AND USE OF SUCH ITEMS TO AND BY PERSONS UNDER THE AGE OF 21 YEARS. The City Council of the City of Gem Lake hereby ordains: Section 1. 1. Authority. This Ordinance is adopted pursuant to authority granted in the United States FDA Tobacco Regulations of 1996 and Minnesota Statutes along with amendments which, from time to time, may be made thereto. 2. Purpose and Intent. 1. Purpose. The purpose of this Ordinance is to recognize that the sale, distribution, possession, and use of tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products to persons under the age of twenty-one (21) years is in violation of the laws of the State of Minnesota and the United States, and to protect and promote the health, safety, and general welfare of the both the general public and minors by recognizing that smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government. 2. Intent. The intent of this Ordinance is to accomplish the purpose through regulation of the sale, distribution, possession, and use tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products thus enforcing and furthering existing laws including, but not limited to, Minn Stat. § 461. 3. Title. This Ordinance shall be known as the "Tobacco and Nicotine Regulation Ordinance” of the City of Gem Lake. Section 2. 1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum requirements and shall not be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any other power established by law or Ordinance except as specifically provided herein. In the event that conflicting requirements are imposed by this Ordinance or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 2. Construction of Wording. Words used in the present tense include the past and future tense; the singular includes the plural, and the plural includes the singular; the word "shall" is mandatory and the word "may" is permissive; the masculine gender includes the feminine. 3. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following terms shall have definitions given to them: 1. Administrator. The City Clerk, or that Person designated by the City Council to act on their behalf, shall administer this Ordinance. 2. Applicant. A Person who submits an application to the City for a license to sell licensed products. 3. Compliance Checks. “Compliance Checks” shall mean the system the City of Gem Lake uses to investigate and ensure that those authorized to sell licensed products are in compliance with the requirements of this Ordinance. Compliance Checks shall involve the use of persons under the age of 21 years who purchase or attempt to purchase tobacco, tobacco related devices, and electronic delivery devices. Compliance Checks shall also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. 4. Electronic Delivery Device. “Electronic Delivery Device” shall mean any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic Delivery Device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic Delivery Device includes any component part of a product, whether or not marketed or sold separately. Electronic Delivery Device does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. 5. Individually Packaged. “Individually Packaged” shall mean the practice of selling any tobacco or tobacco products wrapped individually for sale and 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. 6. Licensed Premises. The real property upon which a Retail Establishment whose owner or officer, as Licensee, has been authorized under this Ordinance to sell tobacco, tobacco related devices, and electronic delivery devices. 7. Licensed Products. “Licensed Products” shall mean any tobacco; tobacco-related or electronic delivery device; or nicotine or lobelia product. 8. Licensee. “Licensee” shall mean a person who has attained the age of twenty-one (21) years, firm, corporation, or other legal entity with a fixed Retail Establishment location in the City of Gem Lake who has been granted a license by the City of Gem Lake Council for a license to sell tobacco, tobacco related devices, and electronic delivery devices based upon submittal to the City of a completed application for said license and the fees associated thereto. 9. Loosies. “Loosies” shall mean the common term used to refer to a single or individually packaged cigarette. 10. Minor. “Minor” shall mean any natural person who has not yet reached the age of eighteen (18) years. 11. Moveable Place of Business. “Moveable Place of Business” shall mean any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure used for sales transactions. 12. Nicotine or Lobelia Product. “Nicotine or Lobelia Product” shall mean any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. Nicotine or Lobelia Product does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. 13. Person. An individual, partnership, firm, corporation, association, or other legal entity excluding the City of Gem Lake, the state or any other political subdivision or other governmental entity. 14. Retail Establishment. “Retail Establishment” shall mean any place of business where licensed products are available for sale to the general public and shall include, but not be limited to: grocery stores, tobacco products shops, convenience stores, liquor stores, gasoline service stations, bars, and restaurants. 15. Sale. “Sale” shall mean any transfer of goods for money, trade, barter, or other consideration. 16. Self-Service Merchandising. “Self-Service Merchandising” shall mean open displays of licensed products in any manner where any person shall have access to said items without the assistance or intervention of the Licensee or an employee of the Licensee, said assistance or intervention entailing the actual physical exchange of licensed products between the Licensee or employee of the Licensee. 17. Self-Service Sales. “Self-Service Sales” shall mean any sale of licensed products where there is not an actual physical exchange of said items between the customer and the Licensee or an employee of the Licensee. 18. Tobacco or Tobacco Products. “Tobacco” or “Tobacco Products” shall mean 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. 19. Tobacco-Related Devices. “Tobacco-Related Devices” shall mean any tobacco product as well as pipes, rolling papers, or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of Tobacco or Tobacco Products. 20. Vending Machine. “Vending Machine” shall mean any mechanical, electric or electronic, or other type of device which dispenses licensed products upon the insertion of money, tokens, or other forms of payment directly into the machine by the person seeking to purchase licensed products. Section 3. 1. License Required. It shall be unlawful for any Person to sell or offer for sale licensed products without first having obtained a license to do so from the City of Gem Lake. 2. Application. An application for a license to sell licensed products shall be made on a form provided by the City Clerk of the City of Gem Lake and shall be submitted to the City Clerk along with fees as required by this Ordinance. The application shall contain the full name of the applicant, the applicants title as part of the Retail Establishment, the name of the Retail Establishment for which the license is sought, the applicant’s residential and Retail Establishment addresses and telephone numbers, a complete list of all officers, owners, and/or shareholders of the Retail Establishment and the owners, officers and/or shareholders residential addresses and telephone numbers. 1. Moveable Place of Business. The City shall not process any application received from a Moveable Place of Business for a license in accordance with this Ordinance and said application shall be immediately returned to the Applicant with a notice that said Applicant is ineligible for a license in accordance with Section 4.1.6 of this Ordinance. 3. Procedures for Review of Application. Upon receipt of an application by the City, the Administrator shall employ the following procedures in the issuance of the license: 1. Complete Application. The City Clerk shall review all information contained in any application received to determine that same is complete and, if found incomplete, shall return the application to the Applicant with notice of the information necessary to make the Application complete. 2. Investigation. Upon receipt of a complete application, the Administrator shall forward same to the City’s law enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail Establishment and it’s officers and owners, said background investigation to be completed within ten (10) days at which time the results of the background check shall be provided to the Administrator. 4. Action. Upon receipt of the background investigation, the Administrator shall advise the City Clerk to place consideration of the Application and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council. 5. License Fees. No license shall be issued in accordance with this Ordinance until the appropriate fee shall be paid in full, said fees being as authorized in Minnesota Session Laws 1997, Chapter 227 and as established in the City’s adopted Fee Schedule, from time to time, amended. 1. Partial Term Fees. Fees prescribed for issuance of a license in accordance with this Ordinance shall not be prorated when an application is received at a time that would provide an initial term following approval of less than one (1) calendar year. 6. Term of License. All licenses issued under this Ordinance shall be valid for the term of one (1) calendar year commencing on the first day of January and ending on the 31st day of December. 1. Partial Term. If an original application is received and subsequently approved during a calendar year, the term of license shall not extend beyond the end of the calendar year in which the application was approved. 7. Transfers of License. All licenses issued in accordance with this Ordinance shall be valid only on the premises of the Retail Establishment for which the license was issued and only for the person to whom the license was issued. Any change in ownership of the Retail Establishment for which the license was issued shall require submittal of a new Application for license to the City and be subject to the same manner of examination and investigation as an original application. 8. License on Display. All licenses issued in accordance with this Ordinance shall be posted and prominently displayed on the premises of the licensed Retail Establishment so as to be in plain view of the general public. A sign not smaller than eight (8") inches by eight (8") inches stating in fonts greater than thirty-six (36) point that “Sales To Or Attempted Purchase Of Tobacco & Related Products By Persons Under the Age of 21 years Is Prohibited By Law” shall also be prominently displayed. 9. License Renewals. The renewal of a license issued in accordance with this Ordinance shall be handled in the same manner as the original application, except that the application for renewal shall be made at least thirty (30) days and not more than sixty (60) days prior to the expiration of the current license. 10. Revocation or Suspension of License. Any license issued in accordance with this Ordinance may be revoked or suspended as provided for in Section 11.1.1 of this Ordinance. Section 4. 1. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license in accordance with this Ordinance; however, except as may be provided by law, the existence of any particular ground for denial does not mean that the City of Gem Lake must deny the license. If a license is mistakenly issued or renewed to a Person, it shall be immediately revoked upon the discovery that the Person was ineligible for the license under this Section. 1. Persons Under the Age of 21 Years. No license shall be issued to any Applicant under the age of twenty-one (21) years. 2. Convicted Persons. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to licensed products. 3. License Revocations. A license may be denied any Applicant who has had a license to sell licensed products revoked with the twelve (12) month period preceding the effective date of receipt of Application. 4. Information. A license may be denied to any Applicant who fails to provide all information required on the Application or who provides false or misleading information on the Application or to City officials. 5. Prohibited by Others. A license shall be denied any Applicant who is prohibited by Federal, State or other local law, ordinance, or other regulation from holding such a license. 6. Moveable Place of Business. A license shall be denied any Applicant whose Retail Establishment is a Moveable Place of Business. Section 5. 1. Prohibited Sales. It shall be unlawful for any Person to sell or offer for sale any licensed products as follows: 1. Sales To or By Persons Under the Age of 21 years. To any person or by any employee under the age of twenty-one (21) years. 2. Vending Machines. By means of any type of vending machine unless access by persons under the age of 21 years to the premises of the licensed Retail Establishment are prohibited by law and the premises of and vending machine in the licensed Retail Establishment are under the direct and constant control of the Licensee or employees of the Licensee who are over the age of 21 years. 3. Self-Service Sales and Merchandising. By means of self-service methods as defined in Sections 2.3.16 and 2.3.17 and whereby the customer does not need to make a verbal or written request to the Licensee or an employee of the Licensee, except as defined in Section 6.1.1. 4. Loosies. By means of Loosies as defined in Section 2.3.9. 5. Controlled Substances. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, or other deleterious, hallucinogenic, toxic, or otherwise controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. 6. Other Means. By any other means, to any person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. Section 6. 1. Self-Service Sales. It shall be unlawful for a Licensee under this Ordinance to sell or offer for sale licensed products, by any means whereby the customer may have access to such items without having to make a verbal, written, or other request of the Licensee or an employee of the Licensee and whereby there is not a physical exchange of the licensed products, between the customer and the Licensee or an employee of the Licensee. All licensed products, shall be stored behind a counter, in a case, or other closed storage area not freely accessible to the general public. 1. Exemptions for Restricted Areas. Under State law, the self-service restrictions described in 6.1 shall not apply to facilities that cannot be entered at any time by persons under the age of 21 years. 2. Other Exemptions. Under State law, the self-service restrictions described in 6.1 shall not apply to Retail Establishments which derive at least ninety (90%) percent of their gross revenue from the sale of licensed products, and where the retailer ensures that no person under the age of 21 years is present, or permitted to enter, at any time. 2. Conversion of Premises. Licensees under this Ordinance shall, within sixty (60) days of the effective date of this Ordinance, bring their licensed premises into compliance with this Section, unless otherwise directed in writing by the Administrator. Section 7. 1. Responsibility. All Licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of licensed products, on the premises of the licensed Retail Establishment, and the sale of such an item by an employee shall be considered a sale by the Licensee. Nothing in this Ordinance shall be construed as prohibiting the City from also subjecting the employee of the Licensee to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation. Section 8. 1. City Compliance Checks and Inspections. From time to time, but not less than once during each term of the license, the City or its authorized agent shall conduct compliance checks by engaging persons at least 17 years of age, but under the age of 21 years, who, with the prior written consent of a parent or guardian if the person is under the age of 18 years, to enter upon the premises of the licensed Retail Establishment and to attempt to purchase licensed products as follows: 1. Right of Entry. All premises of licensed Retail Establishments shall be open to inspection by the City’s law enforcement agency or other authorized City official or agent of the City during regular business hours. 2. Supervision. Persons under the age of 21 years used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other authorized personnel of the City. 3. Hold Harmless. Persons under the age of 21 years used for the purpose of compliance checks shall not be guilty of the unlawful purchase or attempted purchase nor the unlawful possession of licensed products when such items are obtained or attempted to be obtained as part of a compliance check. 4. False Identification. No persons under the age of 21 years used in a compliance check shall attempt to use a false identification misrepresenting their age and all persons under the age of 21 years engaged in a compliance check shall answer all questions about the their age asked by the Licensee or an employee of the Licensee and shall produce any identification, if any exists, for which the person under the age of 21 years is asked. 2. Licensee Notification. Immediately following a compliance check performed in accordance with this Ordinance by the City or its authorized agents, the Licensee shall be notified of the results of the compliance check. 3. Inspection by Others. Nothing in this Ordinance shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. Section 9. 1. Other Illegal Acts. Unless otherwise provided for herein, the following acts shall be considered unlawful and in violation of this Ordinance: 1. Illegal Sales. It shall be unlawful for any person to sell or otherwise provide any licensed product to any person under the age of 21 years. 2. Illegal Possession. It shall be unlawful for any person under the age of 21 years to have in their possession any licensed product unless such person is lawfully engaged in a compliance check under this Ordinance. 3. Illegal Use. It shall be unlawful for any person under the age of 21 years to smoke, chew, sniff, or otherwise use any licensed product. 4. Illegal Procurement. It shall be unlawful for any person under the age of 21 years to purchase or attempt to purchase or otherwise obtain any licensed product and it shall be unlawful for any person to purchase or otherwise obtain such items on behalf of a person under the age of 21 years. Further, it shall be unlawful for any person to coerce or attempt to coerce a person under the age of 21 years to illegally purchase, attempt to purchase, or otherwise obtain or use any licensed product. This Section shall not apply to persons lawfully involved in a compliance check under this Ordinance. 5. False Identification. It shall be unlawful for any person under the age of 21 years to attempt to disguise their true age by the use of any false form of identification, whether the identification is that of another person or one upon which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Section 10. 1. Violations. The following procedures shall be implemented regarding alleged violations of this Ordinance, should the City elect to proceed with an administrative violation: 1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2. Hearings. If a Person accused of violating this Ordinance so requests, a hearing before the City of Gem Lake Council shall be scheduled, the time and place of which shall be published and provided to the accused violator. 3. Findings. If the City of Gem Lake Council finds that a violation of this Ordinance did occur, that decision, along with the Council’s reasons for finding a violation and the penalty to be imposed under Section 11. of this Ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. 4. Appeals. Appeals of any Findings made in accordance with Section 10.1.3. shall be filed in Ramsey County district court for the jurisdiction of the City in which the alleged violation occurred. 5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 11. 1. Administrative Penalties. Any Person who violates the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be subject to the following penalties: 1. Licensees. Any Licensee and any employee of the Licensee found to have violated this Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee Schedule, and a license suspension of not less than seven (7) days for each subsequent offense at the same premises of a licensed Retail Establishment within a twenty-four (24) month period. In addition, Licensees are subject to penalties as determined in Minnesota State Statute 461.12. 2. Other Individuals. Other individuals, other than persons under the age of 21 years regulated by Section 11.1.3, found in violation of this Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee Schedule. 3. Minors. Persons under the age of 21 years found to have violated this Ordinance shall be subject to an administrative fine of twenty (20) hours of community service approved by the City for a first violation of this Ordinance; and, an administrative fine of forty (40) hours of community service and completion of a tobacco related education or diversion program approved by the City. 4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this Ordinance. 2. Criminal Penalties. Any Person who violates any of the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be guilty of a misdemeanor and, upon prosecution and conviction thereof, shall be fined in an amount, as established by the City’s adopted Fee Schedule, or imprisonment up to thirty (30) days or both for each subsequent violation within a twenty-four (24) month period. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 12. 1. Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing licensed products to a person under the age of 21 years as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied upon proof of age as described by State law. Section 13. 1. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 14. 1. Effective Date. This Ordinance shall take effect and be in force from and after is passage and publication. Dated: ______________________________________ _______________________________________ _____________________________________ Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk City of Gem Lake, Ramsey County, Minnesota Tobacco Regulation Ordinance No. 68 Legend The Ordinance regulating the sale, distribution, possession, and use of tobacco, tobacco products and tobacco related devices was originally enacted by the City Council as Ordinance No. 68 on 13 March 1998. Since that time, the City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinance and the said amendments. Ordinance Description Enactment 68 An Ordinance regulating the sale, distribution, possession, and use of tobacco, tobacco products and tobacco related devices 13 March 1998 115 An Ordinance amending Ordinance No. 68, increasing the penalties for violations of the Ordinance. May 18, 2010 68 Ordinance 68 updated to reflect 2024 federal and state legislation: - Adding “nicotine or lobelia” - Replacing “minors” and “18 years” with “persons under the age of 21 years” - Defining all tobacco and nicotine products as “licensed products” for conciseness - Referring all fines for violation to the “City’s adopted Fee Schedule”. May, 14 2024 City of Gem Lake, Ramsey County, Minnesota Tobacco and Nicotine Regulation Ordinance No. 68 AN ORDINANCE REGULATING THE SALE, DISTRIBUTION, POSSESSION, AND USE OF TOBACCO; TOBACCO-RELATED AND ELECTRONIC DELIVERY DEVICES; AND NICOTINE AND LIOBELIA PRODUCTS TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES IN THE CITY OF GEM LAKE AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO REDUCE THE ILLEGAL SALE, DISTRIBUTION, POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORSPERSONS UNDER THE AGE OF 21 YEARS. The City Council of the City of Gem Lake hereby ordains: Section 1. 1. Authority. This Ordinance is adopted pursuant to authority granted in the United States FDA Tobacco Regulations of 1996 and Minnesota Statutes along with amendments which, from time to time, may be made thereto. 2. Purpose and Intent. 1. Purpose. The purpose of this Ordinance is to recognize that the sale, distribution, possession, and use of tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products tobacco, tobacco products, and tobacco related devices to Minors persons under the age of eighteen twenty-one (1821) years is in violation of the laws of the State of Minnesota and the United States, and to protect and promote the health, safety, and general welfare of the both the general public and minorsminors by recognizing that smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government. 2. Intent. The intent of this Ordinance is to accomplish the purpose through regulation of the sale, distribution, possession, and use tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products of tobacco, tobacco products, and tobacco related devices thus enforcing and furthering existing laws including, but not limited to, Minn Stat. § 144.391461. 3. Title. This Ordinance shall be known as the "Tobacco and Nicotine Regulation Ordinance” of the City of Gem Lake. Section 2. 1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum requirements and shall not be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any other power established by law or Ordinance except as specifically provided herein. In the event that conflicting requirements are imposed by this Ordinance or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 2. Construction of Wording. Words used in the present tense include the past and future tense; the singular includes the plural, and the plural includes the singular; the word "shall" is mandatory and the word "may" is permissive; the masculine gender includes the feminine. 3. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following terms shall have definitions given to them: 1. Administrator. The City Clerk, or that Person designated by the City Clerk Council to act on his their behalf, shall administer this Ordinance. Commented [CS1]: Sources: chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://public healthlawcenter.org/sites/default/files/resources/MDH-City- Retail-Ordinance-2020.pdf Commented [CS2R1]: https://www.revisor.mn.gov/statute s/cite/461.12 Commented [CS3R1]: https://www.ecfr.gov/current/title- 21/chapter-I/subchapter-K/part-1140#p-1140.16(d) 2. Applicant. A Person who submits an application to the City for a license to sell licensed products.Tobacco, Tobacco Products, or Related Tobacco Devices. 3. Compliance Checks. “Compliance Checks” shall mean the system the City of Gem Lake uses to investigate and ensure that those authorized to sell licensed productsTobacco, Tobacco Products, and Tobacco Related D evices are in compliance with the requirements of this Ordinance. Compliance Checks shall involve the use of persons under the age of 21 years who purchase or attempt to purchase tobacco, tobacco related devices, and electronic delivery devices. Compliance Checks shall also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. 4. Electronic Delivery Device. “Electronic Delivery Device” shall mean any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic Delivery Device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic Delivery Device includes any component part of a product, whether or not marketed or sold separately. Electronic Delivery Device does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. 3. Compliance Checks shall involve the use of Minors as authorized by this Ordinance and shall also mean the use of Minors who attempt to purchase Tobacco, Tobacco Products, or Related Tobacco Devices for educational, research, and training purposes as authorized by State and Federal laws. Compliance Checks may also be conducted by other units of government for purpose of enforcing appropriate Federal, State, or local laws and regulations relating to Tobacco, Tobacco Products, and Related Tobacco Devices. 4.5. Individually Packaged. “Individually Packaged” shall mean the practice of selling any Ttobacco or Ttobacco Pproducts wrapped individually for sale and 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. 6. Licensed Premises. The real property upon which a Retail Establishment whose owner or officer, as Licensee, has been authorized under this Ordinance to sell tobacco, tobacco related devices, and electronic delivery devices. 7. Licensed Products. “Licensed Products” shall mean any tobacco; tobacco-related or electronic delivery device; or nicotine or lobelia product. 5. Tobacco, Tobacco Products, or Related Tobacco Devices. 6.8. Licensee. “Licensee” shall mean a person who has attained the age of eighteen twenty-one (1821) years, firm, corporation, or other legal entity with a fixed Retail Establishment location in the City of Gem Lake who has been granted a license by the City of Gem Lake Council for a license to sell tobacco, tobacco related devices, and electronic delivery devices Tobacco, Tobacco Products, and/or Related Tobacco Devices based upon submittal to the City of a completed application for said license and the fees associated thereto . 7.9. Loosies. “Loosies” shall mean the common term used to refer to a single or individually packaged cigarette. 8.10. Minor. “Minor” shall mean any natural person who has not yet reached the age of eighteen (18) years. Commented [EM4]: Q for Attorney - can a licensee (business owner) be under 21, and higher a 21 year old to sell at the business? 11. Moveable Place of Business. “Moveable Place of Business” shall mean any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure used for sales transactions. 9.12. Nicotine or Lobelia Product. “Nicotine or Lobelia Product” shall mean any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. Nicotine or Lobelia Product does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. 10.13. Person. An individual, partnership, firm, corporation, association, or other legal entity excluding the City of Gem Lake, the state or any other political subdivision or other governmental entity. 11.14. Retail Establishment. “Retail Establishment” shall mean any place of business where licensed products Tobacco, Tobacco Products, or Related Tobacco Devices are available for sale to the general public and shall include, but not be limited to: grocery stores, tobacco products shops, convenience stores, liquor stores, gasoline service stations, bars, and restaurantsgrocery stores; convenience stores; bars and lounges; restaurants; gas and service stations. 12.15. Sale. “Sale” shall mean any transfer of goods for money, trade, barter, or other consideration. 13.16. Self-Service Merchandising. “Self-Service Merchandising” shall mean open displays of licensed products Tobacco, Tobacco Products, or Tobacco related Devices in any manner where any person shall have access to said items without the assistance or intervention of the Licensee or an employee of the Licensee, said assistance or intervention entailing the actual physical exchange of licensed products Tobacco, Tobacco Products, or Tobacco related Devices between the Licensee or employee of the Licensee. 14.17. Self-Service Sales. “Self-Service Sales” shall mean any sale of licensed products Tobacco, Tobacco Products, or Tobacco Related Devices where there is not an actual physical exchange of said items between the customer and the Licensee or an employee of the Licensee. 15.18. Tobacco or Tobacco Products. “Tobacco” or “Tobacco Products” shall mean 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. 16.19. Tobacco- Related Devices. “Tobacco -Related Devices” shall mean any tobacco product as well as pipes, rolling papers, or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of Tobacco or Tobacco Products. 17.20. Vending Machine. “Vending Machine” shall mean any mechanical, electric or electronic, or other type of device which dispenses licensed products Tobacco, Tobacco Products, or Tobacco Related Devices upon the insertion of money, tokens, or other forms of payment directly into the machine by the person seeking to purchase licensed productsTobacco, Tobacco Products, or Tobacco Related Devices. Section 3. 1. License Required. It shall be unlawful for any Person to sell or offer for sale licensed products any Tobacco, Tobacco Products or Tobacco Related Devices without first having obtained a license to do so from the City of Gem Lake. 2. Application. An application for a license to sell licensed products Tobacco, Tobacco Products, or Tobacco Related Devices shall be made on a form provided by the City Clerk of the City of Gem Lake and shall be submitted to the City Clerk along with fees as required by this Ordinance. The application shall contain the full name of the applicant, the applicants title as part of the Retail Establishment, the name of the Retail Establishment for which the license is sought, the applicant’s residential and Retail Establishment addresses and telephone numbers, a complete list of all officers, owners, and/or shareholders of the Retail Establishment and the owners, officers and/or shareholders residential addresses and telephone numbers. 1. Moveable Place of Business. The City shall not process any application received from a Moveable Place of Business for a license in accordance with this Ordinance and said application shall be immediately returned to the Applicant with a notice that said Applicant is ineligible for a license in accordance with Section 4.1.6 of this Ordinance. 3. Procedures for Review of Application. Upon receipt of an application by the City, the Administrator shall employ the following procedures in the issuance of the license: 1. Complete Application. The City Clerk shall review all information contained in any application received to determine that same is complete and, if found incomplete, shall return the application to the Applicant with notice of the information necessary to make the Application complete. 2. Investigation. Upon receipt of a complete application, the Administrator shall forward same to the City’s law enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail Establishment and it’s officers and owners, said background investigation to be completed within ten (10) days at which time the results of the background check shall be provided to the Administrator. 4. Action. Upon receipt of the background investigation, the Administrator shallAdministrator shall advise the City Clerk to place consideration of the Application and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council. 4. 5. License Fees. No license shall be issued in accordance with this Ordinance until the appropriate fee shall be paid in full, said fees being as authorized in Minnesota Session Laws 1997, Chapter 227 and as established by the City of Gem Lake Council by resolution andin the City’s adopted Fee Schedule, from time to time, amended. 1. Partial Term Fees. Fees prescribed for issuance of a license in accordance with this Ordinance shall not be prorated when an application is received at a time that would provide an initial term following approval of less than one (1) calendar year. 6. Term of License. All licenses issued under this Ordinance shall be valid for the term of one (1) calendar year commencing on the first day of January and ending on the 31st day of December. 1. Partial Term. If an original application is received and subsequently approved during a calendar year, the term of license shall not extend beyond the end of the calendar year in which the application was approved. Commented [CS5]: Attorney to Review - Does this need to be updated? 7. Transfers of License. All licenses issued in accordance with this Ordinance shall be valid only on the premises of the Retail Establishment for which the license was issued and only for the person to whom the license was issued. Any change in ownership of the Retail Establishment for which the license was issued shall require submittal of a new Application for license to the City and be subject to the same manner of examination and investigation as an original application. 8. License on Display. All licenses issued in accordance with this Ordinance shall be posted and prominently displayed on the premises of the licensed Retail Establishment so as to be in plain view of the general public. A sign not smaller than eight (8") inches by eight (8") inches stating in fonts greater than thirty-six (36) point that “Sales To Or Attempted Purchase Of Tobacco & Related Products By Minors Persons Under the Age of 21 years Is Prohibited By Law” shall also be prominently displayed. 9. License Renewals. The renewal of a license issued in accordance with this Ordinance shall be handled in the same manner as the original application, except that the application for renewal shall be made at least thirty (30) days and not more than sixty (60) days prior to the expiration of the current license. 10. Revocation or Suspension of License. Any license issued in accordance with this Ordinance may be revoked or suspended as provided for in Section 11.1.1 of this Ordinance. Section 4. 1. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license in accordance with this Ordinance; however, except as may be provided by law, the existence of any particular ground for denial does not mean that the City of Gem Lake must deny the license. If a license is mistakenly issued or renewed to a Person, it shall be immediately revoked upon the discovery that the Person was ineligible for the license under this Section. 1. MinorsPersons Under the Age of 21 Years. No license shall be issued to any Applicant under the age of eighteen twenty-one (1821) years. 2. Convicted Persons. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to licensed productsTobacco, Tobacco Products, or Tobacco Related Devices. 3. License Revocations. A license may be denied any Applicant who has had a license to sell licensed products Tobacco, Tobacco Products, or Related Tobacco Devices revoked with the twelve (12) month period preceding the effective date of receipt of Application. 4. Information. A license may be denied to any Applicant who fails to provide all information required on the Application or who provides false or misleading information on the Application or to City officials. 5. Prohibited by Others. A license shall be denied any Applicant who is prohibited by Federal, State or other local law, ordinance, or other regulation from holding such a license. 6. Moveable Place of Business. A license shall be denied any Applicant whose Retail Establishment is a Moveable Place of Business. Section 5. 1. Prohibited Sales. It shall be unlawful for any Person to sell or offer for sale any licensed products Tobacco, Tobacco Products, or Related Tobacco Devices as follows: 1. Sales To or By MinorsPersons Under the Age of 21 years. To any person or by any employee or clerk under the age of eighteen twenty-one (1821) years. 2. Vending Machines. By means of any type of vending machine unless access by Minors persons under the age of 21 years to the premises of the licensed Retail Establishment are prohibited by law and the premises of and vending machine in the licensed Retail Establishment are under the direct and constant control of the Licensee or employees of the Licensee who are over the age of eighteen 21(18) years. 3. Self-Service Sales and Merchandising. By means of self-service methods as defined in Sections 2.3.3 16 and 2.3.4 17 and whereby the customer does not need to make a verbal or written request to the Licensee or an employee of the Licensee, except as defined in Section 6.1.1. 4. Loosies. By means of Loosies as defined in Section 2.3.9.7. 5. Controlled Substances. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or otherwise controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. 6. Other Means. By any other means, to any person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. Section 6. 1. Self-Service Sales. It shall be unlawful for a Licensee under this Ordinance to sell or offer for sale licensed products , Tobacco, Tobacco Products, or Related Tobacco Devices by any means whereby the customer may have access to such items without having to make a verbal, written, or other request of the Licensee or an employee of the Licensee and whereby there is not a physical exchange of the licensed products,Tobacco, Tobacco Products, or Related Tobacco Devices between the customer and the Licensee or an employee of the Licensee. All licensed products,Tobacco, Tobacco Products, and Related Tobacco Devices shall be stored behind a counter, in a case, or other closed storage area not freely accessible to the general public. 1. Exemptions for Cartons or Multi-Packs. Under State law, the self-service sale of cartons and multi-packs shall be allowed until such time as the FDA regulations take full effect at which time this Section may be repealed . 2.1. Exemptions for Restricted Areas. Under State law, the self-service restrictions described in 6.1 shall not apply to facilities that cannot be entered at any time by persons under the age of 21 years.Retail Establishments where access by Minors to the premises of the licensed Retail Establishment are prohibited by law and the premises of the licensed Retail Establishment are under the direct and constant control of the Licensee or employees of the Licensee who are over the age of eighteen (18) years. 3.2. Other Exemptions. Under State law, the self-service restrictions described in 6.1 shall not apply to Retail Establishments which derive at least ninety (90%) percent of their total gross revenue from the sale of licensed products, Tobacco, Tobacco Products, and Related Tobacco Devices and where the retailer ensures that no person under the age of 21 years is present, or permitted to enter, at any time.access by Minors to the premises of the licensed Retail Establishment are prohibited by law. 2. Conversion of Premises. Licensees under this Ordinance shall, within sixty (60) days of the effective date of this Ordinance, but not later than the 28 th day of February in the year 1998 shall bring their licensed premises into compliance with this Section, unless otherwise directed in writing by the Administrator. Section 7. 1. Responsibility. All Licensees under this Ordinance shall be responsible for the actions of their employees in regard to the Sale sale of licensed products, Tobacco, Tobacco Products, and Related Tobacco Devices on the premises of the licensed Retail Establishment, and the sale of such an item by an employee shall be considered a sale by the Licensee. Nothing in this Ordinance shall be construed Commented [EM6]: Q for Attorney - Does this need to be included still or no? as prohibiting the City from also subjecting the employee of the Licensee to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation. Section 8. 1. City Compliance Checks and Inspections. From time to time, but not less than once during each term of the license, the City or its authorized agent shall conduct compliance checks by engaging persons at least 17 years of age, but under the age of 21 years, who, with the prior written consent of a parent or guardian if the person is under the age of 18 years, 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 upon the premises of the licensed Retail Establishment and to attempt to purchase Tobacco, Tobacco Products, or Tobacco Related Devices licensed products as follows: 1. Right of Entry. All premises of licensed Retail Establishments shall be open to inspection by the City’s law enforcement agency or other authorized City official or agent of the City during regular business hours. 2. Supervision. Persons under the age of 21 yearsMinors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other authorized personnel of the City. 3. Hold Harmless. Persons under the age of 21 years Minors used for the purpose of compliance checks shall not be guilty of the unlawful purchase or attempted purchase nor the unlawful possession of Tobacco, Tobacco Products, or Related Tobacco Deviceslicensed products when such items are obtained or attempted to be obtained as part of a compliance check. 4. False Identification. No persons under the age of 21 years Minor used in a compliance check shall attempt to use a false identification misrepresenting thetheir Minor’s age and all persons under the age of 21 years Minors engaged in a compliance check shall answer all questions about the Minor’s their age asked by the Licensee or an employee of the Licensee and shall produce any identification, if any exists, for which the person under the age of 21 years Minor is asked. 2. Licensee Notification. Immediately following a compliance check performed in accordance with this Ordinance by the City or its authorized agents, the Licensee shall be notified of the results of the compliance check. 3. Inspection by Others. Nothing in this Ordinance shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. Section 9. 1. Other Illegal Acts. Unless otherwise provided for herein, the following acts shall be considered unlawful and in violation of this Ordinance: 1. Illegal Sales. It shall be unlawful for any person to sell or otherwise provide any licensed productTobacco, Tobacco Product or Related Tobacco Device to any person under the age of 21 years Minor. 2. Illegal Possession. It shall be unlawful for any person under the age of 21 years minor to have in their possession any licensed product Tobacco, Tobacco Product, or Related Tobacco Device unless such Minor person is lawfully engaged in a compliance check under this Ordinance. 3. Illegal Use. It shall be unlawful for any person under the age of 21 years Minor to smoke, chew, sniff, or otherwise use any Tobacco, Tobacco Product, or Related Tobacco Devicelicensed product. 4. Illegal Procurement. It shall be unlawful for any person under the age of 21 years Minor to purchase or attempt to purchase or otherwise obtain any Tobacco, Tobacco Product, or Tobacco Related Devicelicensed product and it shall be unlawful for any pPerson to purchase or otherwise obtain such items on behalf of a person under the age of 21 yearsMinor. Further, it shall be unlawful for any person to coerce or attempt to coerce a person under the age of 21 years Minor to illegally purchase, attempt to purchase, or otherwise obtain or use any Tobacco, Tobacco Product, or Tobacco Related Devicelicensed product. This Section shall not apply to Minors persons lawfully involved in a compliance check under this Ordinance. 5. False Identification. It shall be unlawful for any person under the age of 21 years Minor to attempt to disguise their true age by the use of any false form of identification, whether the identification is that of another person or one upon which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Section 10. 1. Violations. The following procedures shall be implemented regarding alleged violations of this Ordinance, should the City elect to proceed with an administrative violation: 1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2. Hearings. If a Person accused of violating this Ordinance so requests, a hearing before the City of Gem Lake Council shall be scheduled, the time and place of which shall be published and provided to the accused violator. 3. Findings. If the City of Gem Lake Council finds that a violation of this Ordinance did occur, that decision, along with the Council’s reasons for finding a violation and the penalty to be imposed under Section 11. of this Ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. 4. Appeals. Appeals of any Findings made in accordance with Section 10.1.3. shall be filed in Ramsey County district court for the jurisdiction of the City in which the alleged violation occurred. 5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 11. 1. Administrative Penalties. Any Person who violates the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be subject to the following penalties: 1. Licensees. Any Licensee and any employee of the Licensee found to have violated this Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee Schedule,of Seventy-Five ($75.00) Dollars for a first violation of this Ordinance; Two- Hundred ($200.00) Dollars for a second offense at the same premises of the licensed Retail Establishment within a twenty-four (24) month period; and, Two-Hundred Fifty ($250.00) Dollars and a license suspension of not less than seven (7) days for each subsequent offense at the same premises of a licensed Retail Establishment within a twenty -four (24) month period. In addition, Licensees are subject to penalties as determined in Minnesota State Statute 461.12. 2. Other Individuals. Other individuals, other than persons under the age of 21 years Minors regulated by Section 11.1.3, found in violation of this Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee Schedule .of Fifty ($50.00) Dollars. 3. Minors. Persons under the age of 21 years Minors found to have violated this Ordinance shall be subject to an administrative fine of twenty (20) hours of community service approved by the City for a first violation of this Ordinance; and, an administrative fine of forty (40) hours of community service and completion of a tobacco related education or diversion program approved by the City. 4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this Ordinance. 2. Criminal Penalties. Any Person who violates any of the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be guilty of a misdemeanor and, upon prosecution and conviction thereof, shall be fined in an amount , not to exceed One Hundred ($100.00) Dollars or imprisonment of ten (10) days or both for a first violation of this Ordinance; and, fined in an amount not to exceed Two-Hundred Fifty ($250.00) Dollarsas established by the City’s adopted Fee Schedule, or imprisonment up to thirty (30) days or both for each subsequent violation within a twenty-four (24) month period. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 12. 1. Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing of Tobacco, Tobacco Products, or Tobacco Related Deviceslicensed products to a Minor person under the age of 21 years as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied upon proof of age as described by State law. Section 13. 3.1. Sepverability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 13.4. 1. Enactment and Effective Date. This Ordinance shall take effect and be in force from and after is passage and publication.This Ordinance No. 68 was adopted by the City Council of the City of Gem Lake on the 23rd day of February in the year 1998 and ordered to be placed in full force and effect upon publication in the City’s legal publication, but not later than the 13 the day of March in the year 1998. Dated: ______________________________________ _______________________________________ _____________________________________ Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk City of Gem Lake, Ramsey County, Minnesota Tobacco Regulation Ordinance No. 68 Legend The Ordinance regulating the sale, distribution, possession, and use of tobacco, tobacco products and tobacco related devices was originally enacted by the City Council as Ordinance No. 68 on 13 March 1998. Since that time, the City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinance and the said amendments. Ordinance Description Enactment 68 An Ordinance regulating the sale, distribution, possession, and use of tobacco, tobacco products and tobacco related devices 13 March 1998 115 An Ordinance amending Ordinance No. 68, increasing the penalties for violations of the Ordinance. May 18, 2010 68 Ordinance 68 updated to reflect 2024 federal and state legislation: - Adding “nicotine or lobelia” - Replacing “minors” and “18 years” with “persons under the age of 21 years” - Defining all tobacco and nicotine products as “licensed products” for conciseness - Referring all fines for violation to the “City’s adopted Fee Schedule”. May, 14 2024 1 City of Gem Lake, Ramsey County, Minnesota Non-Intoxicating Liquor Ordinance No. 65 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON - INTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION. The City Council of the City of Gem Lake hereby ordains: Section 1. Title. 1. This ordinance shall be known, cited, and referred to as the “Non -Intoxicating Liquor Ordinance”, except as herein referred to as this ordinance. Section 2. Scope and Purpose. 1. It is deemed in the interest of the public and the residents of the City of Gem Lake that any person, firm or corporation who engages in the business of selling non-intoxicating liquor for consumption on or off the premises, as defined in this ordinance, shall first secure a license therefor as provided herein. 2. The ordinance shall establish definitions related to the ordinance, regulate the application for and granting of licenses and the fees related thereto, provide for financial responsibility on the part of the applicants, establish conditions under which licenses shall be granted and revoked, stipulate restrictions related to the sale of non - intoxicating liquor, and define penalties for violation of the ordinance. Section 3. Definitions. 1. The term “non-intoxicating liquor” shall be deemed to include beer or malt liquor with an alcoholic content of more than one-half (0.5%) percent by volume and not more than three and two-tenths (3.2%) percent by weight. 2. The following words and terms, whenever they occur in this ordinance, are defined as follows: 1. On-Sale(s): The sale of non-intoxicating liquor for consumption on the premises. 2. Off-Sale(s): The sale of non-intoxicating liquor for consumption off the premises. 3. Applicant: A person, firm, or corporation who makes application for a license with the City. 4. Licensee: A person, firm, or corporation to whom the City has issued a non -intoxicating liquor license. 5. Minor: A person under twenty-one (21) years of age. Section 4. License Required. 1. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale any non-intoxicating liquor without first having received a license to do so as provided in this ordinance. Licenses shall be “On-Sale(s)” and “Off-Sale(s)” and shall be issued as “Non-Intoxicating Liquor License” valid for sales any day except Sunday and “Special Sunday Non - Intoxicating Liquor License” for “On -Sale(s)” on Sundays only. 2. "On-Sale(s) Licenses" and “Special Sunday On-Sale(s) Licenses” shall be issued only to restaurants, clubs, and exclusive "On-Sale(s)" liquor stores and shall permit "On-Sale(s)" of non-intoxicating liquor only. 3. "Off-Sale(s) Licenses” shall be issued only to "Off-Sale(s)" retail stores and shall permit "Off-Sale(s)" of non- intoxicating liquor only. 2 Section 5. Application for License. 1. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall state the name of the applicant, his age, representations as to his character, with such references as may be required, his citizenship, whether the application is for "On-Sales", “Special Sunday On-Sale(s)”, or "Off-Sale(s)", the business in connection with which the proposed license will operate and its location and type of building, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the council may require from time to time. In addition to containing such information, each application for a license shall be in the form prescribed by the City Clerk of the City of Gem Lake. No person shall make a false statement in an application. 2. Each application for a license shall be accompanied by the minimum proof of financial responsibility consistent with those required by Minnesota Statutes Section 340A.409 (subd. 1) and any amendments thereto or substitutes therefor that may from time to time become effective covering intoxicating liquor sales. 3. The proof of financial responsibility offered under Subdivision 2 shall be approved by the City Council. Liability insurance policies shall be approved as to form by the City Attorney. The operation of such “Off - Sale(s)” or “On-Sale(s)” non-intoxicating liquor business without having on file at all times with the municipality the proof of financial responsibility required in Subdivision 2 shall be grounds for immediate revocation of the license. Section 6. License Fees. 1. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. 2. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period of one year except that if a portion of the license year has elapsed when the initial application is made, a license may be issued for the remainder of the year. However, the fee shall be annual only and shall not be pro-rated. 3. (Repealed by Ordinance 94, adopted 2/10/2009). 4.3. No refund of any fee shall be permitted except as authorized by the City Council. Section 7. Granting of Licenses. 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Council shall grant or refuse the application in its discretion. No non-intoxicating liquor license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the City Council. 2. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. Section 8. Persons Ineligible for License. 1. No license shall be granted to or held by any person made ineligible for such a license in accordance with procedures set forth by state law for intoxicating liquor licenses. Section 9. Places Ineligible for License. 2.1. No license shall be issued for any place or for any business ineligible for such a license under guidelines established by the City Council. 3.2. No license shall be issued to any business until it has been in operation continuously for six (6) months. 3 4.3. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. 5.4. No license shall be granted within a reasonable distance of any school, church, or private home at the determination of the City Council. Section 10. Conditions of License. 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance of the City or state law. 2. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating liquor shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. 3. No sale of liquor shall be made to anyone on credit provided solely by the establishment. 4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. Section 11. Restrictions on Serving, Purchase, and Consumption. 1. No minor shall misrepresent his or her age for the purpose of purchasing, consuming or serving non - intoxicating liquor. 2. No person shall induce a minor to purchase, consume or serve non -intoxicating liquor. 3. No person shall mix, prepare or serve non -intoxicating liquor for consumption in any public place or place of business not licensed to sell non-intoxicating liquor "on sale" and no person shall consume non-intoxicating liquor in any such place. 4. No non-intoxicating liquor shall be sold or consumed on a public highway or in an automobile. Section 12. Revocation. 1. The City Council may suspend or revoke any non-intoxicating liquor license for violation of any provision or condition of this ordinance or any state law regulating the sale of non-intoxicating liquor. Except in the case of a suspension pending a hearing on revocation, revocation or suspension shall be preceded by written notice to the grantee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The City Council may, without any advance notice, suspend any license pending a hearing on revocation for a period of not exceeding thirty (30) days. Section 13. Penalty. 1. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $700.00as determined by the City’s adopted Fee Schedule or imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case. Section 14. Severability. 1. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal 4 or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. ENACTED BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF GEM LAKE AND PLACED IN EFFECT AT 12:00 MIDNIGHT THIS 19TH DAY OF JUNE IN THE YEAR 1995. ATTEST: ATTEST: Paul R. Emeott Frederic C. Magnuson Paul R. Emeott, Mayor Frederic C. Magnuson, City Clerk DATED: 19 June 1995 DATED: 19 June 1995 City of Gem Lake, Ramsey County, Minnesota Non-Intoxicating Liquor Ordinance No. 65 Legend The Non-Intoxicating Liquor Ordinance was originally enacted by the City Council as Ordinance Number 65 on 19 June 1995. Since that time, the City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The followingThe following table indicates the original ordinance and the said amendments. ORDINANCE DESCRIPTION ENACTMENT 65 The Non-Intoxicating Liquor Ordinance 6/19/1995 94 An ordinance establishing procedures for review and revocation of all City licenses, and amending Ordinance No. 65 by: a) Deleting wine with less than 14% alcohol by volume from definition of “non-intoxicating liquor”; and b) deleting Section.6.3, which set fees, in favor of reference to annual fee schedule. 2/10/2009 1 City of Gem Lake, Ramsey County, Minnesota Non-Intoxicating Liquor Ordinance No. 65 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON - INTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION. The City Council of the City of Gem Lake hereby ordains: Section 1. Title. 1. This ordinance shall be known, cited, and referred to as the “Non -Intoxicating Liquor Ordinance”, except as herein referred to as this ordinance. Section 2. Scope and Purpose. 1. It is deemed in the interest of the public and the residents of the City of Gem Lake that any person, firm or corporation who engages in the business of selling non-intoxicating liquor for consumption on or off the premises, as defined in this ordinance, shall first secure a license therefor as provided herein. 2. The ordinance shall establish definitions related to the ordinance, regulate the application for and granting of licenses and the fees related thereto, provide for financial responsibility on the part of the applicants, establish conditions under which licenses shall be granted and revoked, stipulate restrictions related to the sale of non - intoxicating liquor, and define penalties for violation of the ordinance. Section 3. Definitions. 1. The term “non-intoxicating liquor” shall be deemed to include beer or malt liquor with an alcoholic content of more than one-half (0.5%) percent by volume and not more than three and two-tenths (3.2%) percent by weight. 2. The following words and terms, whenever they occur in this ordinance, are defined as follows: 1. On-Sale(s): The sale of non-intoxicating liquor for consumption on the premises. 2. Off-Sale(s): The sale of non-intoxicating liquor for consumption off the premises. 3. Applicant: A person, firm, or corporation who makes application for a license with the City. 4. Licensee: A person, firm, or corporation to whom the City has issued a non -intoxicating liquor license. 5. Minor: A person under twenty-one (21) years of age. Section 4. License Required. 1. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale any non-intoxicating liquor without first having received a license to do so as provided in this ordinance. Licenses shall be “On-Sale(s)” and “Off-Sale(s)” and shall be issued as “Non-Intoxicating Liquor License” valid for sales any day except Sunday and “Special Sunday Non - Intoxicating Liquor License” for “On -Sale(s)” on Sundays only. 2. "On-Sale(s) Licenses" and “Special Sunday On-Sale(s) Licenses” shall be issued only to restaurants, clubs, and exclusive "On-Sale(s)" liquor stores and shall permit "On-Sale(s)" of non-intoxicating liquor only. 3. "Off-Sale(s) Licenses” shall be issued only to "Off-Sale(s)" retail stores and shall permit "Off-Sale(s)" of non- intoxicating liquor only. 2 Section 5. Application for License. 1. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall state the name of the applicant, his age, representations as to his character, with such references as may be required, his citizenship, whether the application is for "On-Sales", “Special Sunday On-Sale(s)”, or "Off-Sale(s)", the business in connection with which the proposed license will operate and its location and type of building, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the council may require from time to time. In addition to containing such information, each application for a license shall be in the form prescribed by the City Clerk of the City of Gem Lake. No person shall make a false statement in an application. 2. Each application for a license shall be accompanied by the minimum proof of financial responsibility consistent with those required by Minnesota Statutes Section 340A.409 (subd. 1) and any amendments thereto or substitutes therefor that may from time to time become effective covering intoxicating liquor sales. 3. The proof of financial responsibility offered under Subdivision 2 shall be approved by the City Council. Liability insurance policies shall be approved as to form by the City Attorney. The operation of such “Off - Sale(s)” or “On-Sale(s)” non-intoxicating liquor business without having on file at all times with the municipality the proof of financial responsibility required in Subdivision 2 shall be grounds for immediate revocation of the license. Section 6. License Fees. 1. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. 2. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period of one year except that if a portion of the license year has elapsed when the initial application is made, a license may be issued for the remainder of the year. However, the fee shall be annual only and shall not be pro-rated. 3. No refund of any fee shall be permitted except as authorized by the City Council. Section 7. Granting of Licenses. 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Council shall grant or refuse the application in its discretion. No non-intoxicating liquor license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the City Council. 2. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. Section 8. Persons Ineligible for License. 1. No license shall be granted to or held by any person made ineligible for such a license in accordance with procedures set forth by state law for intoxicating liquor licenses. Section 9. Places Ineligible for License. 1. No license shall be issued for any place or for any business ineligible for such a license under guidelines established by the City Council. 2. No license shall be issued to any business until it has been in operation continuously for six (6) months. 3. No license shall be granted for operation on any premises on which taxes, assessments or other financial 3 claims of the City are delinquent and unpaid. 4. No license shall be granted within a reasonable distance of any school, church, or private home at the determination of the City Council. Section 10. Conditions of License. 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance of the City or state law. 2. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating liquor shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. 3. No sale of liquor shall be made to anyone on credit provided solely by the establishment. 4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. Section 11. Restrictions on Serving, Purchase, and Consumption. 1. No minor shall misrepresent his or her age for the purpose of purchasing, consuming or serving non - intoxicating liquor. 2. No person shall induce a minor to purchase, consume or serve non -intoxicating liquor. 3. No person shall mix, prepare or serve non -intoxicating liquor for consumption in any public place or place of business not licensed to sell non-intoxicating liquor "on sale" and no person shall consume non-intoxicating liquor in any such place. 4. No non-intoxicating liquor shall be sold or consumed on a public highway or in an automobile. Section 12. Revocation. 1. The City Council may suspend or revoke any non-intoxicating liquor license for violation of any provision or condition of this ordinance or any state law regulating the sale of non-intoxicating liquor. Except in the case of a suspension pending a hearing on revocation, revocation or suspension shall be preceded by written notice to the grantee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The City Council may, without any advance notice, suspend any license pending a hearing on revocation for a period of not exceeding thirty (30) days. Section 13. Penalty. 1. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $700.00 or imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case. Section 14. Severability. 1. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. 4 ENACTED BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF GEM LAKE AND PLACED IN EFFECT AT 12:00 MIDNIGHT THIS 19TH DAY OF JUNE IN THE YEAR 1995. ATTEST: ATTEST: Paul R. Emeott Frederic C. Magnuson Paul R. Emeott, Mayor Frederic C. Magnuson, City Clerk DATED: 19 June 1995 DATED: 19 June 1995 City of Gem Lake, Ramsey County, Minnesota Non-Intoxicating Liquor Ordinance No. 65 Legend The Non-Intoxicating Liquor Ordinance was originally enacted by the City Council as Ordinance Number 65 on 19 June 1995. Since that time, the City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original ordinance and the said amendments. ORDINANCE DESCRIPTION ENACTMENT 65 The Non-Intoxicating Liquor Ordinance 6/19/1995 94 An ordinance establishing procedures for review and revocation of all City licenses, and amending Ordinance No. 65 by: a) Deleting wine with less than 14% alcohol by volume from definition of “non-intoxicating liquor”; and b) deleting Section.6.3, which set fees, in favor of reference to annual fee schedule. 2/10/2009 City of Gem Lake, Ramsey County, Minnesota Intoxicating Liquor Ordinance No. 9 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION. Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on-sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this Ordinance as if fully set out herein. Section 2. License Required. 1. No person, except wholesalers or manufacturers to the extent authorized under State license, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Ordinance. 2. “On-sale” liquor license shall be issued onissued to restaurants, clubs, and exclusive “on-sale” liquor stores and shall permit “on-sale” of liquor only. 3. “On-sale” wine licenses shall be issued only to restaurants with facilities for seating at least 25 guests at one time and shall permit the sale of wine up to 24% alcohol by volume for consumption with the sale of food. 4. Sunday on-sale liquor licenses shall be issued only to restaurants or clubs with seating capacity for at least 30 persons which hold a regular on-sale liquor license and shall permit the sale of intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays. 5. “Off-sale” licenses shall be issued only to “off-sale” exclusive liquor stores and shall permit “off-sales” of liquor. Section 3. Application for License. 1. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall state the name of the applicant, his age, representations as to his character, with such references as may be required, his citizenship, the type of license applied for, the business in connections with which the proposed license will operate and its location and type of building, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such information as the Council may require from time to time. In addition to containing such information, each application for a license shall be in the form prescribed by the State Commissioner of Public Safety. No person shall make a false statement in an application. 2. Each application for a license shall be accompanied by the minimum proof of financial responsibility required by Minnesota Statutes section 340A.409 (Subd. 1) and any amendments thereto or substitutes therefor that may from time to time become effective. 3. The proof of financial responsibility offered under Subdivision 2 shall be approved by the City Council and in the case of applicants for off-sale licenses by the State Commissioner of Public Safety. Liability insurance policies shall be approved as to form by the City Attorney. The operation of such off -sale or on- sale liquor business without having on file at all times with the municipality the proof of financial responsibility required in Subdivision 2 shall be grounds for immediate revocation of the license. 4. Under Minnesota Statute 340A.413 the number of “on-sale” and “off-sale” licenses that can be issued are limited based on city populations. A maximum of four (4) “on-sale” licenses will be issued in the City of Gem Lake based on Subd. 1. A maximum of two (2) “off-sale” licenses will be issued in the City of Gem Lake based on Subd. 5. 5. Upon receipt of a complete application, the Administrator City Clerk shall forward same the application to the City’s law enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail Establishment and its officers and owners, said background investigation to be completed within ten (10) days at which time the results of the background check shall be provided to the AdministratorCity Clerk. 6. Upon receipt of the background investigation, the Administrator shall advise the City Clerk to shall place consideration of the Application and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council. Section 4. License Fees. 1. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. 2. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period of one year except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. 3. No refund of any fee shall be permitted except as authorized under Minnesota Minn. StatutesStat., §Section 340A.408. Section 5. Granting of Licenses. 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Council shall grant or refuse the application in its discretion. No “off-sale” license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the State Commissioner of Public Safety. 2. An applicant seeking an “on-sale” license shall pay an investigation fee with the required annual license fee, as determined by the City’s adopted Fee Schedule . If investigation outside the State of Minnesota is required by the City Council or the State Commissioner of Public Safety , t The applicant shall pay the actual cost of the investigation, up to 2. $10,000.00, prior to any action to approve or deny the license. 3. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. 4. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to Liquor, Liquor Products, or Liquor Related Devices. Section 6. Persons Ineligible for License. No license shall be granted to or held by any person made ineligible for such a license by State law. No license shall be issued to an individual who is a nonresident of the City. Section 7. Places Ineligible for License. 1. No license shall be issued for any place or for any business ineligible for such a license under State law. 2. No license shall be issued to any business, except an exclusive liquor store, until it has been in operation continuously for six months. 3. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. 4. No license shall be granted within a reasonable distance of any school, church, or private home at the determination of the City Council. Section 8. Conditions of License. 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this Ordinance and of any other applicable Ordinance of the City of State law. 2. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating liquor shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this Ordinance equally with the employee. 3. No sale of liquor shall be made to anyone on credit. 4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. Section 9. Restrictions on Purchase and Consumption. 1. No minor shall misrepresent his age for the purpose of obtaining intoxicating liquor. 2. No person shall induce a minor to purchase or procure liquor. 3. No person shall mix or prepare liquor for consumption in any public place or place of business not licensed to sell liquor “on-sale” and no person shall consumer liquor in any such place. 4. No liquor shall be sold or consumed on a public highway or in an automobile. Section 10. . Administrative PenaltyRevocation. The Council may suspend or revoke any liquor license for violation of any provision or condition of this Ordinance or any State law regulation the sale of intoxicating liquor and shall revoke such license if the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A. Except in the case of a suspension pending a hearing on revocation, revocation or suspension shall be preceded by written notice to the grantee and a public hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The council may, without any advance notice, suspend any license pending a hearing on revocation for a period of net exceeding thirty (30) days. 1. Procedures. The following procedures shall be implemented regarding alleged violations of this Ordinance. Should the City elect to proceed with an administrative violation: 1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be issued, either personally or by mail, a notice that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be scheduled begore the Gem Lake City Council; the time and place of which shall be published and provided to the alleged violator. The City Council shall receive evidence of the violation and evidence provided by the alleged violator by testimony, in written form, or both. The hearing shall be recorded. 3. Findings If the Gem Lake City Council finds that a violation of this Ordinance did occur, that decision, along with the Council’s findings for a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded, and a copy provided to the acquitted accused violator. 4. Appeals. Any person aggrieved by the final findings of the City Council under this Section may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat Commented [EM1]: These were from Ord 116 Commented [CS2]: Changed from “tape-recorded”. Commented [CS3]: Changed from “Council’s reasons for finding a violation” §14.63 to §14.68. 5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed against the individual charged with a misdemeanor. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. 2. Civil Penalty. On a finding by the City Council that a licensee has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages the City Council may revoke the license, suspend the license for up to 60 days, impose a civil penalty as determined by the City’s adopted Fee Schedule. of up to $2,000.00 for each violation, or impose any combination of these sanctions. Section 11. Penalty. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine, as determined by the City’s adopted Fee of not more than $700.00 orSchedule, or imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case. Section 12. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 12. Enactment. This Ordinance No. 9 was placed in full force and effect on 17 December 1963 by a unanimous vote of the City Council of the City of Gem Lake. City of Gem Lake, Ramsey County, Minnesota Intoxicating Liquor Ordinance No. 9 Legend The Ordinance licensing and regulating the sale and consumption of intoxicating liquor and providing a penalty for violation was originally enacted by the City Council as Ordinance No. 9 on 17 December 1963. Since that time, the City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinance and the said amendments. Ordinance Description Enactment 9 An Ordinance licensing and regulating the sale of liquor. 17 December 1963 52 An Ordinance amending Ordinance No. 9, changing the requirements for liquor license applications and changing the annual fees for liquor licenses. 20 November 1989 94 An Ordinance establishing procedures for review and revocation of all City licenses, and amending Ordinance No. 9 by: a. Inserting new sections 2.3. (wine licenses) and 2.4 (Sunday sales licenses), renumbering off-sale provision as 2.5 b. Deleting Section 4.3, which set fees, in favor of reference to annual fee schedule c. Inserting new Section 5.2 requiring payment of investigation fee, and renumbering Section now at 5.3; and d. Other language to changes to conform with a – c. 10 February 2009 9 Section 2, part 3, was updated from 14% to 24% based on MN Statute. Section 3, part 4, was added to show the amount of licenses the City is authorized to issue. Section 4, part 3, was removed and part 4 moved into the part 3 place 19 July 2022 9 Section 3, part 5, was added to show that a background check will be conducted on all new applicants. Section 3, part 6, was added to show that once a background check is completed the City Clerk will suggest the next steps to the Council. Section 5, part 4, was added to show that an applicant can be denied due to a conviction in the last five (5) year if based on anything liquor related. 21 March 2023 116 Section 10 was amended to remove the information regarding public hearing notice and suspension. Sections 10.1-10.2 were added to show the administrative and civil penalty processes for violation of this Ordinance. May 18, 2010 City of Gem Lake, Ramsey County, Minnesota Intoxicating Liquor Ordinance No. 9 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION. Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on-sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this Ordinance as if fully set out herein. Section 2. License Required. 1. No person, except wholesalers or manufacturers to the extent authorized under State license, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Ordinance. 2. “On-sale” liquor license shall be issued to restaurants, clubs, and exclusive “on-sale” liquor stores and shall permit “on-sale” of liquor only. 3. “On-sale” wine licenses shall be issued only to restaurants with facilities for seating at least 25 guests at one time and shall permit the sale of wine up to 24% alcohol by volume for consumption with the sale of food. 4. Sunday on-sale liquor licenses shall be issued only to restaurants or clubs with seating capacity for at least 30 persons which hold a regular on-sale liquor license and shall permit the sale of intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays. 5. “Off-sale” licenses shall be issued only to “off-sale” exclusive liquor stores and shall permit “off-sales” of liquor. Section 3. Application for License. 1. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall state the name of the applicant, his age, representations as to his character, with such references as may be required, his citizenship, the type of license applied for, the business in connections with which the proposed license will operate and its location and type of building, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such information as the Council may require from time to time. In addition to containing such information, each application for a license shall be in the form prescribed by the State Commissioner of Public Safety. No person shall make a false statement in an application. 2. Each application for a license shall be accompanied by the minimum proof of financial responsibility required by Minnesota Statutes section 340A.409 (Subd. 1) and any amendments thereto or substitutes therefor that may from time to time become effective. 3. The proof of financial responsibility offered under Subdivision 2 shall be approved by the City Council and in the case of applicants for off-sale licenses by the State Commissioner of Public Safety. Liability insurance policies shall be approved as to form by the City Attorney. The operation of such off -sale or on- sale liquor business without having on file at all times with the municipality the proof of financial responsibility required in Subdivision 2 shall be grounds for immediate revocation of the license. 4. Under Minnesota Statute 340A.413 the number of “on-sale” and “off-sale” licenses that can be issued are limited based on city populations. A maximum of four (4) “on -sale” licenses will be issued in the City of Gem Lake based on Subd. 1. A maximum of two (2) “off-sale” licenses will be issued in the City of Gem Lake based on Subd. 5. 5. Upon receipt of a complete application, the City Clerk shall forward the application to the City’s law enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail Establishment and its officers and owners, said background investigation to be completed within ten (10) days at which time the results of the background check shall be provided to the City Clerk. 6. Upon receipt of the background investigation, the City Clerk shall place consideration of the Application and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council. Section 4. License Fees. 1. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. 2. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period of one year except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. 3. No refund of any fee shall be permitted except as authorized under Minn. Stat., §340A.408. Section 5. Granting of Licenses. 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Council shall grant or refuse the application in its discretion. No “off-sale” license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the State Commissioner of Public Safety. 2. An applicant seeking an “on-sale” license shall pay an investigation fee with the required annual license fee, as determined by the City’s adopted Fee Schedule. The applicant shall pay the actual cost of the investigation, prior to any action to approve or deny the license. 3. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. 4. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to Liquor, Liquor Products, or Liquor Related Devices. Section 6. Persons Ineligible for License. No license shall be granted to or held by any person made ineligible for such a license by State law. No license shall be issued to an individual who is a nonresident of the City. Section 7. Places Ineligible for License. 1. No license shall be issued for any place or for any business ineligible for such a license under State law. 2. No license shall be issued to any business, except an exclusive liquor store, until it has been in operation continuously for six months. 3. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. 4. No license shall be granted within a reasonable distance of any school, church, or private home at the determination of the City Council. Section 8. Conditions of License. 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this Ordinance and of any other applicable Ordinance of the City of State law. 2. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating liquor shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this Ordinance equally with the employee. 3. No sale of liquor shall be made to anyone on credit. 4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. Section 9. Restrictions on Purchase and Consumption. 1. No minor shall misrepresent his age for the purpose of obtaining intoxicating liquor. 2. No person shall induce a minor to purchase or procure liquor. 3. No person shall mix or prepare liquor for consumption in any public place or place of business not licensed to sell liquor “on-sale” and no person shall consumer liquor in any such place. 4. No liquor shall be sold or consumed on a public highway or in an automobile. Section 10. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any provision or condition of this Ordinance or any State law regulation the sale of intoxicating liquor and shall revoke such license if the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A. 1. Procedures. The following procedures shall be implemented regarding alleged violations of this Ordinance. Should the City elect to proceed with an administrative violation: 1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be issued, either personally or by mail, a notice that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be scheduled begore the Gem Lake City Council; the time and place of which shall be published and provided to the alleged violator. The City Council shall receive evidence of the violation and evidence provided by the alleged violator by testimony, in written form, or both. The hearing shall be recorded. 3. Findings If the Gem Lake City Council finds that a violation of this Ordinance did occur, that decision, along with the Council’s findings for a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded, and a copy provided to the acquitted accused violator. 4. Appeals. Any person aggrieved by the final findings of the City Council under this Section may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat §14.63 to §14.68. 5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed against the individual charged with a misdemeanor. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. 2. Civil Penalty. On a finding by the City Council that a licensee has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages the City Council may revoke the license, suspend the license for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. Section 11. Penalty. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $700.00 or imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case. Section 12. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 12. Enactment. This Ordinance No. 9 was placed in full force and effect on 17 December 1963 by a unanimous vote of the City Council of the City of Gem Lake. Dated: ______________________________________ _______________________________________ _____________________________________ Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk City of Gem Lake, Ramsey County, Minnesota Intoxicating Liquor Ordinance No. 9 Legend The Ordinance licensing and regulating the sale and consumption of intoxicating liquor and providing a penalty for violation was originally enacted by the City Council as Ordinance No. 9 on 17 December 1963. Since that time, the City Council has made amendments to the Ordinance in keeping with changes in State law and the wishes of the community. The following table indicates the original Ordinance and the said amendments. Ordinance Description Enactment 9 An Ordinance licensing and regulating the sale of liquor. 17 December 1963 52 An Ordinance amending Ordinance No. 9, changing the requirements for liquor license applications and changing the annual fees for liquor licenses. 20 November 1989 94 An Ordinance establishing procedures for review and revocation of all City licenses, and amending Ordinance No. 9 by: a. Inserting new sections 2.3. (wine licenses) and 2.4 (Sunday sales licenses), renumbering off-sale provision as 2.5 b. Deleting Section 4.3, which set fees, in favor of reference to annual fee schedule c. Inserting new Section 5.2 requiring payment of investigation fee, and renumbering Section now at 5.3; and d. Other language to changes to conform with a – c. 10 February 2009 9 Section 2, part 3, was updated from 14% to 24% based on MN Statute. Section 3, part 4, was added to show the amount of licenses the City is authorized to issue. Section 4, part 3, was removed and part 4 moved into the part 3 place 19 July 2022 9 Section 3, part 5, was added to show that a background check will be conducted on all new applicants. Section 3, part 6, was added to show that once a background check is completed the City Clerk will suggest the next steps to the Council. Section 5, part 4, was added to show that an applicant can be denied due to a conviction in the last five (5) year if based on anything liquor related. 21 March 2023 116 Section 10 was amended to remove the information regarding public hearing notice and suspension. Sections 10.1-10.2 were added to show the administrative and civil penalty processes for violation of this Ordinance. May 18, 2010 CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org Planning Commission Meeting – June 11, 2024 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7:____ p.m. Call of Roll Patrick Farrell Cummings Pratt Wippich Approve and Accept Agenda and Minutes • Accept the Agenda for the June 11, 2024, Planning Commission Meeting • Approve the Minutes from May 14, 2024, Planning Commission Meeting Public Hearings • None Old Business • Ordinance No. 68 and 115 Tobacco Discussion • Ordinance No. 09, 65, and 116 Liquor Discussion • Ordinance No. 60 and 117 Charitable Gambling Discussion New Business • Ordinance No. 64E and 129 Municipal Water and Sewer Discussion • Ordinance No. 67D and 108 Septic Discussion Open Items for Commission Members to Bring Up Future Meetings • Next City Council Meeting, Tuesday, June 18, 2024 • Next Planning Commission Meeting, Tuesday, July 09, 2024 o Attendance Inquiry Adjournment – The meeting adjourned at _____