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HomeMy WebLinkAbout1991-12 08-12 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of Auaust, 1991, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 Regarding General Licensing Regulations. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 91 -12 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: rCIGARETTES] TOBACCO RELATED PRODUCTS Section 23 -101. LICENSE REQUIRED. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise [dispose of] dispense any [cigarette or cigarette wrapper] tobacco related product at any place in the City of Brooklyn Center unless a license therefor shall first have been obtained as provided in this ordinance. Section 23 -102. DEFINITIONS. 1. "Tobacco related product" means cigarettes, cicrars, cheroots: stoaies: neriaue: aranulated, plug cut crime cut. readv. rubbed and other smoking tobacco: snuff: snuff flower: cavendish, blues and twist tobacco: fine cut and other chewing tobaccos: shorts: refuse scrips, cliDDinas,. cuttings and sweeninas of tobacco prepared in such manner as to be suitable for chewina, sniffina or smoking in a Dine. rollina barer or other tobacco related devices. 2_. "Self- service merchandising" means open displav of tobacco related products that the public has access to without the intervention of an emplovee. 3. "Individually nackaaed" means anv uackaae containinq onlv one individually wranned item. Included are sinale packs of ciaarettes. sinale baas of tobacco for rollina. and individual cans of tobacco for chewina or sniffina. Not included are cartons containina two or more individuallv uackaaed packs ORDINANCE NO. 91 -12 of ciaarettes or similar Dackaaes containina multiple cans or containers of tobacco suitable for smokina. chewina or sniffina. Section 23- 10F213. APPLICATION AND ISSUANCE. Application for such license shall be made to the City Clerk on a form supplied by the City. Such application shall state the full name and address of the applicant, the location of the building and the part intended to be used by the applicant under such license, the kind of business conducted at such location, and such other information as shall be required by the application form. Upon the filing of such application with the Clerk, it shall be presented to the City Council for its consideration, and if granted by the Council, a license shall be issued by the City Clerk upon the payment of the required fee. Section 23- 10F314. LICENSE, FEE. The fee for every such license shall be as set forth by City Council resolution. Every such license shall expire on December 31 next after its issuance. A fee for the renewal of any license issued under this ordinance shall be paid to the City Clerk prior to the first day of January of the year for which said license fee is required, and in the event that said payment is made after said date, the license fee established by this ordinance shall be increased ten percent (10 for each month or portion thereof which has elapsed since said date.[ Section 23 10F415. LICENSE SHALL BE DISPLAYED. Every such license shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request. Section 23- 1Of516. RESTRICTIONS. No license shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of [cigarettes] tobacco related products at any place other than his established place of business. No license shall be issued for the sale of [cigarettes] tobacco related products at a movable place of business; nor shall any one license be issued for the sale of [cigarettes] tobacco related Products at more than one place of business or applicant. No person shall sell or dispense any [cigarettes or tobacco product, cigarette paper or cigarette wrapper] tobacco related products through the use of a vending machine. No person shall sell or give any [cigarette, cigarette paper or cigarette wrapper]' tobacco related Products to any person below the age of 18 years. No person shall keep for sale, sell or [dispose of] dispense any [cigarette] tobacco related Products containing opium, morphine, jimsonweed, belladonna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. It shall be unlawful for anv Person to offer for sale anv individually Dackaaed tobacco related Product by means of self- service merchandisina. i� ORDINANCE NO. 91 -12 All sales must be made in such a manner that requires the vendee to specifically ask for the tobacco related product and all other sales are unlawful. Anv person sellina anv tobacco related product must reauire identification if he /she has anv reason to believe that the proposed purchaser is less than 18 vears of aae. Section 23- 1Of617. REVOCATION. Every such license may be suspended and /or revoked by the Council for a violation of any provision of this ordinance if the licensee has been given a reasonable notice and opportunity to be heard. Section 23- 10718. PENALTY. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 12th day of August 1991. Todcr Paulson, Mayor ATTEST: 1-(> Deputy Clerk (j Date of Publication August 21. 1991 Effective Date September 20. 1991 (Brackets indicate matter to be deleted, underline indicates new matter.) I