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Home My WebLink About2015-05 04-02 APAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ssCOUNTY OF HEN NEPJN Charlene Void 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 04/02/2015 and the last insertion being on 04/02/2015. By: Authorized Agent Subscribed and sworn to or affirmed before me on 04/02/20 15. M Notary Public DAR MAPILE ttItACPHERSON totay Public-Minnesota^ '!'iy Oaimis Erptrs Jan 31, 2018 4. Rate Information: (I) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 368321 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of April 2015 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Re- lated Products. Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrange- ments. ORDINANCE NO. 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: Section 1. Brooklyn Center City Code, Section 23-006 is amended as follows: Section 23-006. SUSPENSION: REVOCATION. The Council may suspend or revoke any license is- sued pursuant to the ordinances if the Council finds that any of the fol- lowing ever occur; provided, how- ever, that the licensee shall be given notice of the proposed revocation or suspension and be provided an opportunity to appear before the Council and be heard: 1.That the licensee has know- ingly made false statements in or regarding his application. 2.That the licensee or his agents have violated or failed to comply with ordinance provisions, statutes, or legal directives pertaining to the regulation of activities authorized by the license. 3.That the licensee has failed to correct or remove, within a reason- able period, ordinance violations af- ter receipt of notice to do so. 4.That the continued effective- ness of the license constitutes a substantial threat to the public peace, health, safety or welfare. 5. That the license was mistak- enly issued or renewed to a person or for a premises that is ineligible for the license. Section 2. Brooklyn Center City Code, Section 23-104 is amended as follows: Section 23-104. RESTRICTIONS. 1. 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 mixtakenly issued or rcncwcd to a person, it shall be revoked upon the discovcry that the person was ieeligiblc for the licenac under this Section. 1. The applicant i s under the-age of 18 years of agc; 2-.a. 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, or has had a license to sell to- bacco products or tobacco-related products revoked or suspended with the past five years. 8 The applicant has had a Ii- cenac to se " tobacco products, or tobacco rcletcd devie- es-revoked within the preceding 12 months of the datc of applieetiem 4-b_ The applicant fails to pro- vide any information required on the application, or provides false or misleading 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 andlor applicant of any fees or charges owed to the City andlor county, including, but not limited-to7 atilities and property taxes. 7. If a license is mistakenly is- sued or renewcd to a per3on, it s-hall-be revoked upon the discovery that the person was ineligible for the license under Seetlen3 23 101 through 23-1 08. 2. No license may be issued or renewed: a.To any applicant who is under 18vearsofaoe b.To any applicant who is pro- hibited by federal, state or other lo- cal law, ordinance or regulation from holding such a license. c.To any applicant who has fees or charges to the City or the County that are due and unpaid. d.For any premises for which property taxes or city utility chanies are due and unpaid. Section 3. Brooklyn Center City Code, Section 23-108 is amended as follows: 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 sail 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 line 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. 3. License revocation. suspen- sion or non-renewal. In addition to misdemeanor prosecution and ad- ministrative penalties, violations of Section 23-101 throuah 23-108 is grounds for revocation or suspen- sion 'Inner Seetinn 23-06 or non- renewal under Section 23-1 04. Section 4. Brooklyn Center City Code, Section 23-110 is repealed. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this ____________ day of 2015. mayor ATTEST. City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) 4/2/15, 3SP1, Tobacco Ordinance, 368321