HomeMy WebLinkAbout2010-03 02-08 CCO CITY OF BROOKLYN CENTER
NOTICE OF ORDINANCE ADOPTION
ORDINANCE NO. 2010 -03
AN ORDINANCE RELATING TO TOBACCO RELATED PRODUCTS;
AMENDING CITY CODE SECTIONS 23-107 AND 23 -108 AND ADDING
NEW SECTION 23 -109
THE CITY COUNCIL OF THE CITI'Y OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 23 -107 of the City Code of Ordinances of the City of Brooklyn
Center is hereby amended to read:
Section 23 -107. NOTICE AND HEARING REVOC n rrr No penalty, suspension, or
revocation shall take effect until the licensee or individual has received notice, served personally
or by mail, of the allei2 violation an d an opportunity for a hearinia before the City Manager or
City Manager's designee. A decision that a violation has occurred shall be in writin EA�eff
such Iiecnse may b � suspe an d/ F ,. o k e b t h e r,,,,,w4 f or a vtol atio of any p r-ov i s i on „�
this ordinance if the licensee has beet. g i, easenable notiee and oppefttinity to be heafd.
Section 2. Section 23-108 of the City Code of Ordinances of the City of Brooklyn
Center is hereby amended to read:
Section 23 -108. PENALTY. Administrative Penalties: Licensees. If a licensee or
emolovee of a licensee se to_ bacco to a person under the aile of 18 years, or violates any other
provision of Sections 23 -101 throus2h 23 -109, the licensee shall be charized an administrative
penalty of $100. An administrative penalty of $_200 shall be imposed for a second violation at
the same location within 24 months after the initial violation. For a third violation at the same
location within 24 months after the initial violation, an administrative penalty of $250 shall be
imposed, and the licensee's authority to sell tobacco at that location shall be suspended for not
less than seven days.
Administrative Penalties: Individuals. An individual who sells tobacco to a person under the
aye of 18 years shall be charted an administrative penalty of $50.
Nothinv- in this section prohibits the City from imoosinw additional penalties based upon the
circumstances of the violation and the history of violations at the same location. In addition to
the aoolicable administrative penalties, Aany person who shag 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 prosecution.
Section 3. The City Code of Ordinances of the City of Brooklyn Center are amended by
adding new Section 23 -109 as follows:
ORDINANCE NO. 2010 -03
Section 23 -109. COMPLIANCE CHECKS. The City will conduct unannounced
compliance checks at least once each calendar vear at each location where tobacco is sold to test
compliance with Sections 23 -101 through 23 -109.
Section 4. This ordinance shall be effective after adoption and thirty days following
its legal publication.
Adopted this 8 day of February 2010.
Mayor Tim Willson
ATTEST: City Clerk Sharon Knutson
Date of Publication: February 18, 2010
Effective Date: March 20, 2010
(StfikeotA indicates matter to be deleted, underline indicates new matter.)