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HomeMy WebLinkAbout2010-03 01-21 AP City of Brooklyn Center (Official Publication) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held on the 8th day of February, at 7 y y, p.m. or as soon there- after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to tobacco related products; amending City Code Sec imewsp alwies Jam/ bons 23 -107 and 23 -108 and adding new Section 23 -109. . AFFIDAVIT OF PUBLICATION Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance Please con- tact the City Clerk at 763 - 569 -3300 to make arrange - STATE OF MINNESOTA ) ments. ) ss. ORDINANCE NO. — COUNTY OF HENNEPIN ) AN ORDINANCE RELATING TO TOBACCO RELAT- ED PRODUCTS; AMENDING CITY CODE SEC - duly sworn On TIONS 23 -107 AND 23 -108 AND ADDING NEW Richard Hendrickson, being Y SECTION 23 -109 an oath, states or affirms that he is the Chief THE CITY COUNCILOFTHE CITY OF BROOKLYN CEN- Financial Officer of the newspaper(s) known TER DOES ORDAIN AS FOLLOWS: as Section 1. Section 23 -107 of the City Code of Ordi- Brooklyn Park, Brooklyn Center Sun -Post nances of the City of Brooklyn Center is hereby amended to read: Section 23 -107. NOTICE AND HEARING F.�196A �e19A1 No penalty. suspension or revocation shall take ef- and has full knowledge of the facts stated fect until the licensee or individual has received notice. served Dersonallv or by mad of the nllea_ed violation and below: an opportunity for a hearing before the Cdv Manaaer or (A) The newspaper has complied with all of Citv Manaaers designee A neasron that a violation has occurred shall be in writing. the requirements constituting qualifica tion as a qualified newspaper as provid : " th° L ° ° ^A ed by Minn. Stat. §331A.02, §331A.07 Section 2. Section 23 -108 of the City Code of Ordi- and other applicable laws as amended. nances of the City of Brooklyn Center is hereby amended (B) The printed public notice that is attached to read: was published In said newspapers) Section 23 -108. PENALTY. Administrative Penalties: Licensees. If a licensee or emDlovee of a licensee sells to- once each week, for one successive bacco to a DPrson under the ane of 1R years or violates week(s); it was first published on Thurs- anv other Drovision of sections 23 -10 through 23 -109. day, 21 day Of January the licensee shall be charged an administrative Denaltv of Y+ Y �10p An administrative nenaltv o"f_$200 shall be imposed 2010, and was thereafter printed and for a second violation at the same location within 24 months after the initial violation. For a third violation at the published on every Thursday to and in- same location within 24 months after the initial violation cluding Thursday, the day Of an administrative nrnalty of $250 shall be imposed. and 2010; and p rinted the licensee's authority_ to sell tobacco at that location p shall be suspended for not Less than seven days. below is a copy Of the lower Case alpha- Administrative Penalties Individuals An individual who bet from A to Z, both Inclusive, Which is sells tobacco to a oerson under the ane of 18 vears shall hereby acknowledged as being the size be charged an administrative Denalty_of 50 and kind Oft e used in the comp osition Nothino in this section Drohibits the Crtv from imposma ad- ty h ditional oenelhes based unnn the cirrumstances of the vi- and publication Of the notice: olatton and the history of violations at the same location. In addition to the annhcahle ndmmistrahvP. nenalhes. Aany abcdefghilklmnopgrstuvwxyz person who &4a4 violates 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 one / thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prose- cution. Section 3. The City Code of Ordinances of the City BY: of Brooklyn Center are amended by adding new Section 23 -109 as follows: CFO Section 23 -109 COMPLIANCE CHECKS. The City wil cond uct_ unannounce complianc c hecks at least once each calendar vear nt each lorahnn where tobaccn is sold to test compliance with Sections 23 -101 through Subscribed and sworn to or affirmed 23 -109. before me on this 21 day of Section 4. This ordinance shall be effective after January , 2010. adoption and thirty days following its legal publication Adopted this day of _ _ ---- - — ___ 2010. Mayor ATTEST: City Clerk Notary Public Date of Publication: Effective Date: (S#+kAR it indicates matter to be deleted, underline indi- cates new matter.) MARY ANN CARLSON (Jan. 21. 2010) pt- Tobacco -MR NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 131 -14