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HomeMy WebLinkAbout1991-12 07-31 AP City of Brooklyn Center Notice is hereby 1 d a public hearing will'be held onthe 12th day y POST PU BLICATIONS of August, 7991 at r J 7:15p.m. at the City Hail, 6301 Shingle Creek Parkway, to consider tan amendment to AFFIDAVIT OF PUBLICATION. aper 21 regarding General Licensing Regu- ons. -auxiliary aids for handicapped persons are available -upon request': at least 96hours in advance., Please contact the Personnel Coor- dinator at 569- 330010 make arrangements. ORDINANCE NO. STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 23 COUNTY OFHENNEPIN SS. 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 inthefollowingmanner: tCIGARETTES] TOBACCO RELATED p�. PRODUCTS Section hal directly indirectly or by LICENSE REQUIRED. by G reg ory F tiacin .being duly sworn, on oath says that he Is the publisher orauthoriz person shall ad means of any device keep p for retail sale, sell. agent and employee of the publisher of the newspaper known as the Brooklyn Center Sun -Post at retail, otherwise dispose of oft dispense any [cigarette or cigarette wrapper] Tob a cco and has full knowledge of the facts which are stated below: related product at any place in the City of has comp lied with all of the Brooklyn (q) The newspaper Center unless a license therefor P requirements constituting qualification as a qualified newspaper, as shall first have been obtained as provided in Provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. thisordinance. Section23 -102. DEFINITIONS. 9 Ord No amend Chapt 23 gen L "Tobacco related product means ci a- (B) The printed e e rettes, cigars, cheroots; stogies; perique; granulated, plug cut, crimp cut, ready, i rubbed or other smoking tobacco; snuff; licens regulations flower; Cavendish, plug and twist tobacco; fine cut and other chewing tobac- cos; shorts; refuse scrips, clippings, cut tings and sweepings of tobacco prepared in such manner as to be suitable for chewing, which is attached was cut from the columns of said newspaper, and was printed and published once a week, for sniffing or smoking in a pipe, rolling paper or other servic e m related nd ising"s. means open 2. "Self- 1 Wednesday �1 st servic m successive weeks; (twasfirstpublishedon th 'y of .display of tobacco related products That the public has: access to without the'interven- !ion of an employee,, s 3,. 'Individually packaged" means any t3uly .la 91 and was thereafter printed and published on every package containing only one individually wrapped item. Included are.single pack's of cigarettes, single bags of 4obacco for roll -ing, and individual cans of tobacco for toa a day of e chewing or sniffing. Not included are car- and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- tons containing two or more individually Ing the size and kind of type used in the composition and publication of the notice: packaged packs of cigarettes or similar abcdefghijklmnopgrstuvwxyz packages containing multiple cans or con tainers of tobacco suitable for smoking, chewing or sniffing: Section 23- 101213 APPLICATION AND IS- SUANCE.: Application for such license shall be made to the City Clerk on a form supplied by the City.. Such application shall state the l full name and address of the applicant, the fi M BY location of the building and the part intended to be used by the applicant under such license, the kind of business conducted at such tuf location, and such General M ager other information as shall:. TITLE: G l be required by the application form. Upon the filing of such application with the Clerk,. it Acknowledged before me on 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 1 August 91 the payment of the required fee. thi- day of C ,19 Section 23- 10[314. 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 is- x. suance. Notary Public Q WI A fee for the renewal of any license v issued under this ordinance shall be paid to the City Clerk prior to the first day of January 'rt_ ?i -Y FiRODA of the year for which said license fee is -re- quired, and in the event That said payment is '7 ?i_ Jam.Z.: made after sa(df date, the license fee estab- lished by this ordinance shall be increased ten Percent, (10 for each month or portion thereof which has elapsed since said date. Section 23-10[415.' LICENSE SHALL BE DISPLAYED. Every such license shall be kept conspicuously posted about the place for RATE INFORMATION which the license is issued and shall be exhib 1 70 ited to any person upon request. (1) Lowest classified rate paid by commercial users for com- f Section'- 23- 10[516.. RESTRICTIONS. No parablespace. (Line) license, shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of [cigarettes] (2) Maximum rate allowed bylaw for the above matter. f tobacco related products at any place other (Line) than his established place of business. No .62 license shall be issued for the sale of (3) Rate actually charged for the above matter. f 1cigarettes) tobacco related products at a (Line) movable place of business; nor shall any license be issued for the sale of [cigarettes] tobacco related products at more than one place of business or applicant. No person shall or dispense any [cigarettes or Tobacco product, cigarette paper or cigarette wrap per] tobacco related products through the use of vending machine. No person -shall sell or :give any [cigarette, cigarette paper or,ciga- rette wrapper] tobacco related' products to any person below The age of 18. years. No per- son shall keep for sale, sell or [dispose of) dispense any [cigarettes] tobacco related products containing opium, morphine, jimson weed, belladonna, .strychnia,cocaine, mari juana, or any other deleterious or poisonous drug except nicotine. It shall be unlawful' for any person to offer for sale any individually packaged taimcco related proilluct�ly, meansof self- derollce merchandising r All sales must be made in such a manner that f"afres the vendee to specifically ask for the tobacco related producteed altother saiesarg unlawfoL Any, person selling any tobacco related' product must, require fdentification if he /she has any reason to believe that the pro- posed purchaser is less than Is years of age. A licensee shall not permit an employee under eighteen (18) years of age to sell or otherwise dispense tobacco related products. No person under eighteen (18) years of age may sell or otherwise dispense tobacco related products. Section 23- 10[617: REVOCATION. Every` such license may be suspended and /or revok- ed by the Council for a violation of any provi- sion of this ordinance if the licensee has been given a reasonable .`notice and opportunity to be heard. Section 23- ]0[718. `PENALTY. Any person who shall violate any provision of this 'ordi- nance, 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 shalt become ef- fective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1991. Todd Paulson, Mayor ATTEST; Deputy Clerk Date of Publication Effective Date [1.. indicate matter to be deleted, boldface indicates new matter.) (July 31,1991) —B.C.