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HomeMy WebLinkAbout2014-04 05-08 APAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HEN NEPIN ) S S Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: SP Brooklyn Ctr/Brooklyn Park and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 05/08/2014 and the last insertion being on 05/08/2014. By: CA/LOWLE/t/LcA ri) Authorized Agent Subscribed and sworn to or affirmed before me on 05/08/2014. Notary Public Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 214795 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2014-04 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Sections 23-101 through 23- 109, are repealed. Article II. Brooklyn Center City Code is amended by adding new Sections 23-101 through 23-108 as follows: Section 23-101. LICENSE RE- QUIRED. No person shall directly or indi- rectly or by means of any device keep for retail sale, sell at retail, or otherwise dispense any tobacco related product at any place in the city of Brooklyn Center unless a li- cense therefor shall first have been obtained as provided in Sections 23-101 through 23-108. Section 23-102. DEFINITIONS. Except as may otherwise be pro- vided or clearly implied by context, all terms shall be given their com- monly accepted definitions. For the purpose of Sections 23-101 through 23-108, the following definitions shall apply unless the context clear- ly indicates or requires a different meaning: 1."Cigar" means any roll of to- bacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minnesota Statutes, Section 297E01, Subdivision 3, as amended from time to time. 2."Compliance checks" means the system the City uses to inves- tigate and ensure that those au- thorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery de- vices are following and complying with the requirements of Sections 23-101 through 23-108. Compli- ance checks shall involve the use of minors as authorized by Sections 23-101 through 23-108. Compli- ance checks shall also mean the use of minors who attempt to pur- chase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for edu- cational, research and training pur- poses as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco prod- ucts, tobacco-related devices, and nicotine or lobelia delivery devices. 3. "Electronic delivery device" shall mean a product containing or delivering nicotine, lobelia, or any other substance intended for hu- man consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of the vapor from the product. Electronic delivery devices shall include any component part of such a prod- uct whether or not sold separately. Electronic delivery devices shall not include any product that had been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 4."Individually packaged" means the practice of selling any to- bacco or tobacco product wrapped individually for sale. Individually- wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other con- tainer as described in this definition shall not be considered individually packaged. 5."Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the pe- rimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. 6."Loosies" means the com- mon term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its pack- aging and sold individually. The term loosies does not include an individual premium cigar, as de- fined in Minnesota Statutes, Sec- tion 297F.01, Subdivision 13a, and as amended from time to time, that can be sold by a licensed retailer as a single cigar to the extent permit- ted by all applicable state and fed- eral laws. 7."Minor" means any natural person who has not yet reached the age of 18 years. 8."Moveable place of business" means any form of business oper- ated out of a truck, van, automobile or other type of vehicle or transport- able shelter and not a fixed-address storefront or other permanent type of structure authorized for sales transactions. 9."Retail establishment" means any place of business where to- bacco, tobacco products, tobacco- related devices, or nicotine or lo- belia delivery devices are available for sale to the general public. The phrase shall include, but not be lim- ited to, grocery stores, convenience stores, restaurants, and drug stores. 10."Sale" means any transfer of goods for money, trade, barter or other consideration. 11."Self-service merchandising" means open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia de- livery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical ex- change of the product between the clerk and the customer. 12."Smoking" shall mean the in- haling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or tobacco product, or in- haling or exhaling vapor from any electronic delivery device. Smoking shall include carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhala- tion. 13."Tobacco or tobacco prod- ucts" means and includes ciga- rettes and any product containing, made, or derived from tobacco that is intended for human consump- tion, whether chewed, smoked, ab- sorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; caven- dish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of to- bacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been ap- proved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 14."Tobacco-related devices" means and includes any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or to- bacco products including electronic delivery devices. 15."Vending machine" means any mechanical, electric or electron- ic, or other type of device that dis- penses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Section 23-103. LICENSE RE- QUIRED. 1.Generally. No person may di- rectly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, tobacco-related devices, or electronic delivery device at any place in the city unless a license has first been issued by the City as pro- vided in this Section. 2.Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any ad- ditional information the City deems necessary. 3.Action. Upon receipt of a com- pleted application, the City Clerk shall forward the application to the police department for investiga- tion. The police department shall conduct an investigation of the ap- plicant and application regarding the fitness of the applicant to hold a license pursuant to the standards set forth in Sections 23-101 through 23-108, and report the results of its investigation to the City Clerk within 30 days of receipt of the applica- tion. The City Clerk shall forward the application for consideration by the City Council. 4.Fees. No application for a license under Sections 23-101 through 23-108 shall be accepted until the appropriate license or in- vestigation fee is paid in full. The fee(s) shall be established by the City Council by resolution from time to time. 5.Sanctions for violation. Shall be set by the City Council at pen- alty phase not to be less than state mandated guidelines. 6.Transfers. All licenses issued under Sections 23-101 through 23-108 shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. 7.Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed under Sec- tions 23-101 through 23-108. 8.Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 9. Renewals. Every such license shall expire on December 31 next after its issuance. A fee for the re- newal of any license issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal application. Applica- tions for renewal must be submitted by November 30 of the year prior to the license year. Section 23-104. RESTRICTIONS. The following shall be grounds for denying the issuance of or re- newal of a license under Sections 23-101 through 23-108; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: 1.The applicant is under the age of 18 years of age; 2.The applicant has been con- victed within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco-related de- vices. 3.The applicant has had a li- cense to sell tobacco, tobacco products, or tobacco-related devic- es revoked within the preceding 12 months of the date of application. 4.The applicant fails to provide any information required on the ap- plication, or provides false or mis- leading information. 5. The applicant is prohibited by federal, state, or other local law, or- dinance, or other regulation, from holding such a license. 6.Nonpayment by the property owner and/or applicant of any fees or charges owed to the City and/or county, including, but not limited to, utilities and property taxes. 7.If a license is mistakenly is- sued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under Sections 23-101 through 23-108. Section 23-105. PROHIBITED SALES. 1. It shall be a violation of Sec- tions 23-101 through 23-108 for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device: a.To a minor; b.By a vending machine; c.By self-service; d.As loosies; e.If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other de- lirious, hallucinogenic, toxic, or con- trolled substances except nicotine and other substances found natu- rally in tobacco or added as part of an otherwise lawful manufacturing process; or f.To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. It shall be a violation of Sec- tions 23-101 through 23-108 for any retail establishment to sell, offer for sale, or distribute a single cigar un- less the cigar is sold in an original package of at least five cigars, pro- vided that: a.This restriction shall not apply to any sale, offer to sell, or distribu- tion of a single cigar that has a retail sales price of no less than $2.10 be- fore sales tax. b.Cigars to which price promo- tions or discounts apply shall not be excluded from this restriction. SECTION 23-106. SMOKING PROHIBITED. Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Section 23-107. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City po- lice or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compli- ance checks by engaging with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to at- tempt to purchase tobacco, to- bacco products or tobacco-related devices. Minors used for the pur- pose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful posses- sion of tobacco, tobacco products or tobacco-related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall at- tempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Section 23-108. VIOLATION AND PENALTY. 1.Misdemeanor prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of Sections 23-101 through 23-108. 2.Administrative penalties. a)Licensees. Administrative Penalties: Licensees. If a licensee or employee of a licensee sells to- bacco to a person under the age of 18 years, or violates any other provi- sion of Sections 23-101 through 23- 109, the licensee shall be charged an administrative penalty of $100. An administrative penalty of $200 shall be imposed for a second viola- tion at the same location within 24 months after the initial violation. For a third violation at the same loca- tion 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. b)Other individuals. Other indi- viduals, other than minors regulated by Sections 23-101 through 23-108, found to be in violation of Sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. c)Minors. Minors found in unlaw- ful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobac- co-related devices, or nicotine or lo- belia delivery devices, shall be sub- ject to an administrative fine, or may be subject to tobacco-related edu- cation classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an ap- propriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the ordinance or resolution establishing fees and charges, as it may be amended from time to time. d)Statutory penalties. If the ad- ministrative penalties authorized to be imposed by Minnesota Stat- utes, Section 461.12, as it may be amended from time to time, differ from those established in this Sec- tion, then the more severe penalty shall prevail. Article III. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 28th day of April, 2014. Mayor Tim Willson ATTEST: City Clerk Sharon Knutson Date of Publication: May 8, 2014 Effective Date: June 7, 2014 5/8/14, 3SP1, PHN Chapter 23 Tobacco Pub, 214795