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Home My WebLink About2015-05 04-27 CCO 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 Related Products. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2015-05 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 issued pursuant to the ordinances if the Council finds that any of the following ever occur; provided, however, 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 knowingly 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 reasonable period, ordinance violations after receipt of notice to do so. 4. That the continued effectiveness of the license constitutes a substantial threat to the public peace, health, safety or welfare. 5 That the license was mistakenly issued or renewed to a person or for a premises that is ineligible for the license. ORDINANCE NO. 2015-05 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 renewal of a license under Sections 23-101 through 23-108, * ' �l sue .._ —xrif -c '�zccnsc-iTmracm renewed to a per-sea, it shall be revoked upen the diseevel:y that the per-son was ineligible for-the lieense under-this Seetie The .,,.plio.,,,t ; under-the a of 18 ..oars e f age; 2--a. pp The applicant has been convicted 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 devices, or has had a license to sell tobacco products or tobacco-related products revoked or suspended with the past five years. 3-- , or- tebaeee 4--b. The applicant fails to provide any information required on the application, or provides false or misleading information. 5.ane-appliEant is prohibited by feaer-a4, state, other-leeal-law, ee, or- r-egulation, ffem holding sueh a lieense. v y a es owed 7. if a lieense is mistakenly isstied or- renewed te a per-son, 4 shall be Fevoked open t1. .l'seever-y that the per-sonwasl 'b,le for-the 1; ens , der- C'oe. eff 23 1111 flffeu'i., -3 108 2. No license may be issued or renewed: a. To any applicant who is under 18 years ofage. b To any applicant who is prohibited by federal state or other local 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 charges are due and unpaid. ORDINANCE NO. 2015-05 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 tobacco to a person under the age of 18 years, or violates any other provision 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 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. b) Other individuals. Other individuals, 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 unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education 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 appropriate 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 administrative penalties authorized to be imposed by Minnesota Statutes, Section 461.12, as it may be amended from time to time, differ from those established in this Section, then the more severe penalty shall prevail. 3 License revocation, suspension or non-renewal In addition to misdemeanor prosecution and administrative penalties, violations of Section 23-101 through 23- 108 is grounds for revocation or suspension under Section 23-006 or non-renewal under Section 23-104. ORDINANCE NO. 2015-05 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 27fl' day of April 2015. _Mayor ATTEST: City Clerk Date of Publication: May 7,2015 Effective Date: June 6, 2015 (Strikeout indicates matter to be deleted, double underline indicates new matter.)