HomeMy WebLinkAbout2010-03 02-18 AP City of Brooklyn Center
(Official Publication)
CITY OF BROOKLYN CENTER
NOTICE OF ORDINANCE ADOPTION
ORDINANCE NO. 2010 -03
AN ORDINANCE RELATING TO TOBACCO RELATED
newspapers PRODUCTS; AMENDING CITY CODE SECTIONS 23-
107 AND 23 -108 AND ADDING NEW SECTION 23 -109
THE CITY COUNCIL OFTHE CITY OF BROOKLYN CEN-
AFFIDAVIT OF PUBLICATION TER DOES ORDAIN AS FOLLOWS:
Section 1. Section 23 -107 of the City Code of Ordi-
STATE OF MINNESOTA ) nances of the City of Brooklyn Center is hereby amended
to read:
Ss. Section 23 -107. NOTICE AND HEARING °Fe'.
COUNTY OF HENNEPIN ) : 19P1. NO Denaltv. suspension .or revocation shall take ef-
fect until the licensee or individual has received notice.
Richard Hendrickson, being duly sworn on served Dersonally or by mail. of the allened violation and
an oath, states or affirms that he is the Chief an opportunitv for a hearino before the Citv Mananer or
Citv Mananer's desinnee. A derision that a violation has
Financial Officer of the newspaper(s) known occurred shall be in writ nn.
as
Brooklyn Park, Brooklyn Center Sun -Post 8f @F01
Section 2. Section 23 -108 of the City Code of Ordi-
nances of the City of Brooklyn Center is hereby amended
to read:
and has full knowledge of the facts stated Section 23 -108. PENALTY. Administrative Penalties: Li-
below: censees. If a licensee or emolovee of a licensee sells to-
(A) The newspaper has complied with all Of bacco to a Derson under the ade of 18 vears. or violates
anv other orovasion of Sections 23 -101 thmunh 23 -109.
the requirements constituting qualifica- the licensee shall be charned an administrative Denaltv of
tion as a qualified newspaper as provid- $100. An administrative penalty of $200 shall be imoosed
for a second violation at the same location within 24
ed by Minn. Stat. §331A.02, §331A.07, months after the initial violation. For a third violation at the
and other applicable laws as amended same location within 24 months after the initial violation.
an administrative Denaltv of $250 shall be imposed. and
(B) The printed public notice that is attached the licensee's authority to sell tobacco at that location
was published in said newspaper(s) shall be suspended for not less than seven days.
once each week, for one successive Administrative Penalties Individuals An individual who
sells tobacco to a Derson under the ane of 18 vears shall
week(s); it was first published on Thurs- be charged an administrative Denaltv of $50. -
day, the 18 day of February I Nothino in this section nrohihits the Citv from imnnsinn ad-
2010, and was thereafter printed and ditional penalties haled unnn tha cirriimstancas of the vi-
olation and the history of violations at the same location.
published on every Thursday to and in- In addition to the aunt cable administrative Denalties. A.any
eluding Thursday, the ----- day of person who ekeii violates any provision of this ordinance
2010; and rioted shall be guilty of a misdemeanor and upon conviction
printed shall be punishable by a fine of not more than one
below is a copy of the lower case alpha- thousand dollars ($1,000) or imprisonment not to exceed
ninety (90) days or both, together with the costs of prose-
bet from A to Z, both inclusive, which IS
cution.
hereby acknowledged as being the size Section 3. The City Code of Ordinances of the City
and kind of type used in the composition of Brooklyn Center are amended by adding new Section
and publication of the notice: 23 -109 as follows:
Section 23 -109. COMPLIANCE CHECKS. The Citv will
abcdefghijklmnopgrstuvwxyz conduct unannounced comollance checks at least once
each calendar vear at each location where tobacco is sold
to test comolianre with Sechnns 23 -101 throunh 23 -109.
Section 4. This ordinance shall be effective after
adoption and thirty days following its legal publication.
Adopted this 8th day of February 2010.
BY: G Mayor Tim Willson
ATTEST. City Clerk Sharon Knutson
4CFO Date of Publication: February 18, 2010
Effective Date: March 20, 2010
(94+keea4 indicates matter to be deleted, underline indl
Subscribed and sworn to or affirmed cates new matter.)
before me on this 18 day of (Feb. 18, 2010) pt -ord 2010 -03 Tobacco
February , 2010.
1
' Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 131 -14