Loading...
HomeMy WebLinkAbout1997-17 Repealing Secion 1325 Enacting 1326 Tabacco RegulationsEdina AN ORDINANCE I REPEALING REPLACING IT WITH A NEW REGULATING THE SALE i The City Council of the City of Edina Ordai : Section 1. Section 1325 of the City Code is Section 2. The City Code is amended by d Section 1326 - 1326.01 Definitions. Unless the context clea the meanings given them }n this Subsection: Tobacco or Tobacco Related Produ tobacco leaf, including but not limitec cut or other chewing tobacco; cheroo cut, ready -rubbed and other smoking and twist tobaccos; dipping tobaccos; tobacco; and otherlI kinds and forms o suitable for chewi�hg, sniffing, or sm( ;e No. 1997 - 17 'ION 1325 OF THE CITY CODE AND TION 1326 FOR HE PURPOS OF USE OF TOBACCO PRODUCT repealed in its enti�ety. a new Section 11326 as follows of Tobacco; v indicates c t shall mean any sub to cigarettes, cigars, stogies; perique; g )bacco; snuff flower •efuse scraps, clippir tobacco leaf prepare , the following terms have lance or item c ntaining pipe tobacco; snuff; fine anulated, plug dut, crimp ; cavendish; shorts; plug ;s, cutting and weepings of in such mann as to be Tobacco Related Device shall meanny tobacco product a well as a pipe rolling papers, or other device intentionally esigned or intended t be used in a anner which enables the chewing, sniffing, or sm ing of tobacco or tobacco related products. Self -Service Merchandising shall m an the open displays f tobacco or to acco related products, or tobacco related devices i i any manner where any person shall have access to the tobacco or tobacco related pro cts, or tobacco related devices, witb out the assistance or intervention of the licen ee or the licensee's ernployee. Moveable Place of Business shall m an any form of busin ss operated out of a truck, van, automobile, or other type of ve cle or transportable shelter and not a fixed address store front or other permanein t type of structure authorized for sale transactions. Minor shall mean) any natural person who has not yet reached the age of ahteen (18) years. Ig Retail Sale shall mean any transfer ogoods for money, tr de, barter, or consideration. Vending Machine shall mean any mechanical, electric or Ilectronic, or of er type of device which dispenses tobacco or to acco related product4, or tobacco related devices upon the insertion of money, tokens, or other form of pay ent directly int the machine by the person seeking to tobacco related devices. Compliance Chec�s shall mean the s ensure that those authorized to sell tol related devices are following and corr Compliance Checks shall also mean tl or tobacco related products, or tobacc training purposes as authorized by St, be conducted by other units of goverr. Federal, State or local laws and regul products, and tobacco related devices the tobacco or tobacco related pkoduct, or Lem the City of Edi a uses to invest gate and -co or tobacco related products, anc tobacco ying with the requir ements of this Section. use of minors who ttempt to purcl. ase tobacco related devices for education, resea ch and and Federal laws. Compliance the ks may also ent for the purpose of enforcing apr ropriate ons relating to tobacco or tobacco related 1326.02 License Required. No person shall eep tobacco or tobac o related prodt cts, or tobacco related devices for retail sale or sell bacco or tobacco related products, c r tobacco related devices at retail in the City without fli st obtaining a license from the City. No license shall be issued for the sale of tobacco or toba co related products, or tobacco relat d devices at a movable place of business or from a vendin machine. 1326.03 License Procedure. The provisions f Section 160 of this Code shall app to all licenses required by this Section and to the h lders of such licenses, except that lic uses shall be issued or denied by the', Sanitarian. The ap lications for a license shall be on for ns provided by the Sanitarian and shall be accompanied by the fee set forth in Section 185 oft s Code. 1326.04 Term of License. Each license 31 of each calendar year. 1326.05 Rules and Regulations. Subd. 1. Legal Age. No person shall tobacco related device to any minor. Subd. 2. Controlled Substances. No containing any controlled substance a nicotine or tobacco. pursuant to this any tobacco or Terson shall sell or k defined in Section 1 Subd. 3. Vending Machine and Mov able Place of 1 tobacco or tobacco' related product, or tobacco related or from a moveable place of business. Subd. 4. Self -Service Merchandisir related product, or tobacco related d access to such iters without having licensed premises. The assistance or exchange of the tobacco or tobacco i the customer and the licensee or eml tobacco devices shall be stored or di display areas which are not freely ac shall expired on March related product, or for sale any jobacco of this Codel except No personall sell any from a vendil machine No person shall sell ny tobacco or obacco ce by means whereby the customer may have -equest assistance fr m an employee of the .ervention shall entai the actual phy 'cal .ted product or tobacco related devic between yee. All tobacco ortobacco related oducts, or ayed behind a sales counter or in of r rooms or ;sible to customers. 11rovided however, the requirements of this Subd. 4 shall not from entering the establishment unles post notice advising of the prohibitior establishment and, iii) either derive al the sale of tobaccoand tobacco relates cigars and cigar related products. Subd.5. Illegal Po' session. No or tobacco related roduct, or t to minors lawfully involved in apply to establishme is which, i) p accompanied by a p rent or legal is conspicuously disr layed at all ei least ninety percent ()0 %) of their products or limit self service mer( r11shall have in his or h r possession lrelated device. This ubdivision sl ince checks. minors n, ii) to the es from int to tobacco not apply Subd. 6. Illegal Use. No minor shall Imoke, chew, sniff, o otherwise use ny tobacco or tobacco related product, or tobacc related device. Subd. 7. Illegal Pocurement. No mi otherwise obtain a�iy tobacco or tobac no person shall purchase or otherwise person shall coerce or attempt to coer obtain or use any tobacco or tobacco j subdivision shall not apply to minors r shall purchase or attempt to pi related product, or tobacco rela )tain such items on behalf of a n a minor to illegally purchase or ited product, or tobacco related ifully involved in c mt)liance cl se or evice, and . No rwise ;e. This Subd. 8. Use of False Identification. o minor shall attem t to disguise hi or her true age by the use of a false form of ident fication, whether the identification is that of another person or one on which the aE e of the person has been modified or tampered with to represent an age older than tht actual age of the person. 1326.06 Compliance Checks and Inspectioi inspection by the City or Other authorized of] time, but at least once per year, the City shal the written consent of their parents or guardi eighteen (18) years, to enter the licensed prej related products, or tobacco related devices. checks shall be supervised) by designated law personnel. Minors used for compliance checl attempted purchase, nor unlawful possession tobacco related devices when such items are the compliance check. No minor used in the identification misrepresenting the minor's ag compliance check shall answer all questions; asked. Nothing in this Subsection shall prohi Federal laws for educational, research, or trz of a particular State or Federal law. 1326.07 Violations. The following this Section. c. All licensed premi es shall be ope: ;ial during regular business hours. F conduct compliance checks by engaF is, minors over fifteen (15) years bu ises to attempt to purchase tobacco c linors used for the purpose of comp] enforcement officers or other design, shall not be guilty of the unlawful 1 f tobacco or tobacco related product )tained or attempted o be obtained )mnliance checks sh ll attempt to us, and all minors lawft )ut the minor's age compliance checks ing purposes, or req and hearing proces,, y engaged in r which he or ithorized by 11 red for the er will apply to to )m time to ng, with less than tobacco ed City irchase or or a part of a false ,he is .ate or orcement olations of Subd. 1. Notice. Upon discovery of alisuspected violation, ttle alleged viola or shall be issued, either personally or by mail, 4 citation that sets foro the alleged vif lations and which shall inform the alleged violato of his or her rights t3 be heard on tt accusation. Subd. 2. Hearings. If a person accuse of violating this Section so requests shall be scheduled, the time and place of which shall be pu lished and prov accused violator. Subd. 3. Hearing Officer. The City Council shall serve as he hearing off ( such time a hearing officer is appointe i by the City Council. Subd. 4. Decision.) If the hearing determines that a violatio of this Section that decision along; with the reasons fc r finding a violation nd the penalty t imposed under Subsection 1326.08 of his Section, shall be ecorded in wri of which shall be provided to the accu ed violator. Likewise, if the hearing no violation occurred or finds grounds for not imposing any penalty, such f shall be recorded aa copy provided to the acquitted accused violator. Subd. 5. Appeals. (Appeals of any dec sion made by the Hering Officer sh in Hennepin County district court. 11 1 Subd. 6. Misdemeanor Prosecution. Nothing in the Section shall prohibit from seeking prosecution as a misdemeanor for any alleged violation of thi the City elects to seek misdemeanor pf Dsecution, an administrative penalty imposed. Subd. 7. Continued Violation. Each- nse. olation, and every d y in which a occurs or continues, shall constitute a eparate offe 1326.08 Penalties. The following administrative penalties will be applied as set Subd. 1. Licensees Any licensee foun employee shall hav� violate this Sectio $75.00 for the first violation of this Se licensed premises within a twenty-four same locationwithi}� a twenty-four mo not less than seven hays; and $500.00 twenty-four month period. In addition, revoked. to have violated this Section, or wh shall be charged an administrative tion; $200.00 for the second offense nonth period; $400.00 for a third of th period and the license shall be sup )r a fourth offense at the same locati ifter the fourth offense, the license s a hearing led to the until ict occur, be ig, a copy nds that be filed ie City Section. If iav also be below. of the same se at the lded for within a 1 be Subd. 2. Other Individuals. Other ind viduals, other than nfinors regulated y Subdivision 3 of this Subsection, found to be in violation of 1 his Section shal I be charged an administrative fee of $50.0 . Subd. 3. Minors. Minors who use or a found in unlawful possession of, o who unlawfully purchase or attempt to purcl tase, tobacco or tobacco related prod] icts, or tobacco related devices, shall be charg an administrative fee of $75.00 per offense or a minimum fee of $25.00 and satisfactory completion of a diversion program acceptable to the City. Subd. 4. Misdemeanor. Nothing in tl is Section shall prohi it the City fro seeking prosecution as a misdemeanor for any violation of this Sect on. 1326.09 Exceptions and Defenses. Nothing n this Section shall p event the provi ing of tobacco or tobacco related products, or tobac o related devices to minor as part cf a lawfully recognized religious, spiritual, or cultural ce mony. It shall be an affirmative def se to the violation of this Section for a person to have easonably relied on oof of age as scribed by State law. Section 3. Effective Date. This passage and publication. Adopted this 1stday of December 1997. First Reading: Second Reading: Published: November 17, 1997 December 1, 1997 Edina Sun Current, Attest: I f City Cl rk ;hall become effecti�e immediately 4pon its 10, 1997 1^ t , Mayor AFFI STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Doug Dance being di the publisher or authorized agent and employee of the Sun -Current rIA V sworn on an oath says publisher of the newspa and has full knowledi, which are stated below. (A) The newspaper has complied with all of the requi ements constituting q qualified newspaper, as provided by Minnesota Statue 1A.02, 331A.07, and laws, as amended. (B) The printed Ordinance No. A97-17 he/she is r known as of the facts 3tion as a applicable which is attached was cut from toe columns of said new paper, and was printed d published once each week, for one s cessive weeks; it was fi t published on Wednesday . the 10 day of D e c e m e r , 19 97 , and w thereafter printed and published on every to a d including the day of 9 ;and printed below s a copy of the lower case alphabet from A to Z, both inclusive, whit is hereby acknowledged being the size and kind of type used in the composition and public tion of the notice: aWefghbkhnnopq-tu--yz BY: TITLE: P u b l -sh e r Acknowledged before me on this 10 day of Dec em er ,1997 Now Public v RATE INFORMAT (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter (Of5cial Publleation) ORDNWWX NO.1897-17 AN ORDINANCE 92PRALING SECTION 1325 OF THE CITY CODE AND REPLACING IT WITH A NEW SECTION 1326 FOR THE PURPOSE OF REGULATING THE SALE AND USE OF TOBACCO PRODUCTS The City Council of the City of Edina Ordains: Section 1. Section 1325 of the City Code is repealed in its entirety. Section 2. The City Code is amended by adding a new Section 1326 as follows: Section 1326 - Sale of Tobacco Licensing 1326.01 Definitions._ Unless the context clearly indicates otherwise, the following terms have the meanings given them in this Subsection: Tobacco or Tobacco Related Product shall mean any substance or item containing tobacco leaf, includ- ing but not limited to cigarettes, cigars, pipe tobacco; snuff, fine cut or other chewing tobacco cheroots sto- gies; perique; granulated, plug cut, crimp cut, ready - rubbed and other sqi Wng'tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping to- baccos; refuse scraps, clippings, cutting 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. Tobacco Related Device shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a man- ner which enables the chewing, sniffing, or smoking of tobacco or tobacco related products. Self -Service Merchandising shall mean the open dis- plays of tobacco or tobacco related products, or tobacco related devices in any manner where any person shall have access to the tobacco or tobacco related products, or tobacco related devices, without the assistance or inter- vention of the licensee or the licensee's employee. 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 nota fixed address store front or other permanent type of structure authorized for sales transactions. Minor shall mean any natufal person who has not yet reached the age of eight".08) years. Retail Sale shall mean any transfer of goods for money, trade, barter, or other consideration. Vending Machine shall mean any mechanical, elec- tric or electronic, or other type of device which dis- penses tobacco or tobacco related products, or tobacco related devices. Upon the insertion of money, tokens. or other form of payment directly into the machine by the person seeking to purchase the tobacco or tobacco re- lated product, or tobacco related devices. Comptiance Checks shall mean the system the City of Edina uses to investigate and ensure that those au- thorized to s4ttobaceo or_tobacco related products, and tobacco related devices are following and complying with the ap�quirements of this Section. Compliance Checka shai11dao umn the use of minors who attempt to purchase tdbacSd'or.tobacco related products, or to- bacco related deviosi%t education, research and train- ing purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing ap- propriate Federal, State or local laws and regulations relating to tobacco or tobacco related products, and to- bacco related devices. 1326.02 License R juiAid. No person shall keep tobac- co or tobacco related products, or tobacco related devices for retail sale or sell tobacco or tobacco related products, or to- bacco related devices at retail in the City without first ob- taining a license frotn_the City. No license shall be issued for the sale of tobacco or tobacco related products, or to- bacco related devieep at a movable place of business or from a vending machine.. 1326.03 License Procedure. The provisions of Section 160 of this Code shall apply to all licenses required by this Section and to the holders of such licenses, except that li- censes shall be issued qr.d ed by the Sanitarian. The ap- plications for a licensebe on forms provided by the Sanitarian and shall be accompanied by the fee set forth in Section 185 ofthis Cade. Shalt not applrt to mi lawfully involved in compli- ance checks Subd. 6.Ill al u No minor shall smoke, chew, sniff or oche iae us any tobacco or tobacco related product, or tob$cco re ted device. Subd. 7. IllegI Pro rement. No minor shall pur- chase or attempt to p chase or otherwise obtain any tobacco or tobacco rel ted product, or tobacco related device, and no person hall purchase or otherwise ob- tain such items on be alf of a minor. No person shall coerce or attempt to co ce a minor to illegally purchase or otherwise obtain o use any tobacco or tobacco re- lated product, or tuba related device. This subdivi- sion shall not apply to 'nors lawfully involved in com- pliance checks. Subd. S. Use Of Fa Identification. No minor shall attempt ftpo disgu his or her true age by the use of a false forniof iden cation whether the identifica- tion is that of another rson or one on which the age of the person has bee modified or tampered with to represent an age olds than the actual age of the per- son. 13*6 o6 Compliance C ks and Inspections. All li- censed premises shell be o n to inspection by the City or oth authorized official ng regular business hours. Fre time to time, but at 1 t once per year, the City shall con uct compliance ch by engaging, with the written co nt of their p nts o ardians, minors over fifteen (15 years but less than ei teen (18) years, to enter the li- censed premises to attemp to purchase tobacco or tobacco related products, or toba related devices. Minors used fore purpose of complian checks shall be supervised by des' ated law enforceme t officers or other designated Citg personnel. Minors u for compliance checks shall not be guilty of the Iunla I purchase or attempted pun- ch nor unlawful posse on of tobacco or tobacco relat- ed ucts, or tobacco rel a devices when such items are ob 'ned or attempted to obtained as a part of the com- pli ce check. No minor ed in the compliance checks aha attempt to use a fal dentification misrepresenting the 'nor's age, and all mi rs lawfully engaged in a com- pli ce check shall answer 1 questions about the minor's age or which he orishe is ked. Nothing in this Subsec- tion shall prohibit mpli ce checks authorized by State deral laws for bducati training or pos or required for the a nal research, or pur- orcement of a particular State or F deral law. 1320.07 Violations. The llowing notification and hear- ing rocesa will apply to vic ations of this Section. lid. 1. Notice. Upon discovery of a suspected viola - on, the allege4 violat r shall be issued, either per- orally or by mail, a citi tion that sets forth the alleged olations and which e 1 inform the alleged violator f his or her rights to b.i heard on the accusation. did. 2. Hearings. I a person accused of violating is Section so reques a hearing shall be scheduled, e time and plods ofw ch shall be published and pro - led to the acct sed A for did. 3. Hearing O ser. The City Council shall rve as the hea}ing o er until such time a hearing icer is appointed by t e City Council. ibd. 4. Decision. If a hearing determines that a )lation of this Section id occur, that decision along th the reasons, for fin 'ng a violation and the penal - to be imposed under ubsection 1326.08 of this See- in,shall be re rded i writing, a copy of which shall I to a acv ed violator. Likewise, if the aring finds that no violation occurred or finds ounds for not 'mposi g any penalty, such findings all be recorder and a py provided to the acquitted cused violator. ibd. 5. Appeals. Ap als of any decision made by e Hearing Offiter she be filed in Hennepin County strict court. I ibd. 6. Misdenreano r Prosecution. Nothing in e Section shall;prohib the City from seeking prose - tion as a no ornean for any alleged violation of is Section. If the Cit elects to seek misdemeanor osecution, am !admin trative penalty may also be bd. 7. 'Ontir�fuedif. ation. Each violation, and cryday in whit¢ a von occurs or continues, shall nstitute a separatese. 1 Penalties. 'Thewing administrative penal- ties 'll be applied as set below. 4 Term of License. Each license issued pursuant Section shall expire on March 31 of each calendar K05 Rules and ReguWions. Subd. 1. Legal Agri;' No Derson shall sell any tobacco or tobacco related product, or tobacco related device to any minor. Subd. 2. Controlled Substances. No person shall sell or keep for sale any tobacco containing any con- trolled substance as defined in Section 1030 of this j Code, except nicotine or tobacco. i Snbd 3 Vending Machine and Moveable Place of Business No person shall sell any tobacco or tobacco related product, or tobacco related device from .vend- ing machine or from a moveable place of business. Subd. 4. Self -Service Merchandising. No person shall sell any tobacco or tobacco related product, or to- bacco related device by means whereby the customer may have access to such items without having to re- quest assistance from an employee of the licensed premises. The assistance or intervention shall entail the actual physical exchange of the tobacco or tobacco related product or tobacco related device between the customer andthelicensee or employee. All tobacco or tobacco related products, or tobacco devices shall be stored or displayed behind a sales counter or in other rooms or display areas which are not freely accessible to customers. Provided however, the requirements of this Subd. 4 shall not apply to establishments which, i) prohibit minors from entering the establishment un- Iffis by a parent or legal guardian, ii) post notice advising of the prohibition is conspicuously dis- played at all entrances to the establishment and, iii) ei- ther derive at least ninety percent (90%) of their rev- enues from the sale of tobacco and tobacco related products or limit self service merchandising to cigars and car related products. Subd. 6. Illegal Possession. No minor shall have in We or her possession any tobacco or tobacco related Subd. I. Licensees. Any licensee found to have vio- lated this Section, or whose employee shall have vio- late this Sectibn, shall be charged an administrative fine of $75.00 for the first violation of this Section - $200.00 sed $200.00 for the second offense at the e licensed premises within a twenty-four month period: $400.00 for a third offense at the same location within a twen- ty-four month period and the license shall be suspend- ed for not less than seven days; and $500.00 for a fourth offense at the same location within a twenty-fbur month period. In addition, after the fourth offense, the license shall be revoked. Subd. 2. Other Individuals. Other individuals, other man minors regulated by Subdivision 3 of this Subsection, found to be in violation of this Section shall be charged an administrative fee of $50.00. Subd. 3. Minors. Minors who use or are found in un- lawful possession of or who unlawfully purchase or at- tempt to purchase, tobacco or tobacco related products, or tobacco related devices, shall be charged an admin- istrative fee of $75.00 per offense or a minimum fee of $25.00 and satisfactory completion of a diversion pro- gram acceptable to the City Subd. 4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misde- meanor for any violation of this Section. 1326.09 Exceptions and Defenses. Nothing in this Sec- tion shall prevent the providing of tobacco or tobacco relat- ed products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural cere- mony. It shall be an affirmative defense to the violation of this Section for a person to have reasonably relied on proof of age as described by State law. Section 3. Effective Date. This ordinance shall become effective immediately upon its passage and publication. Adopted this 1st day of December, 1997. Attest: Debra A. Mangen Glenn L. Smith City Clerk Mayor (Dec. 10, 1997) Dl\Cty Edina Ord 1997-17