HomeMy WebLinkAbout2015-05 05-07 AP AFFIDAVIT OF PUBLICATION City of Brooklyn Center to be imposed by Minnesota Stat-
or ehe pes owed to the utes,Section 461.12,as it may be
(Official Publication) but not amended from time to time, differ
STATE OF MINNESOTA )ss CITY OF BROOKLYN CENTERutifrom those established in this Sec-
COUNTY OF HENNEPIN ) NOTICE OFes and property tion,then the more severe penalty
ORDINANCE ADOPTIONstied or renewed to a person, it shall prevail.
Charlene Vold being duly sworn on an oath, ORDINANCE NO.2015-05 3. License revocation susDen
states or affirms that they are the Authorized AN ORDINANCE AMENDING that the pemom was ineligible fe sion or rwn-renewal.In addition to
CHAPTER 23 OF THE CITY CODE the eense ons ' misdemeanor prosecution and ad-
Agent of the newspaper(s)known as: OF ORDINANCES RELATING TO through 28 108.^ ministrative penalties violations of
THE SALE OF TOBACCO RELATED 2 No license may be issued or Section 23-101 through 23-108 is
SP Brooklyn Ctr/Brooklyn Park PRODUCTS renewed grounds for revocation or susoen-
THE CITY COUNCIL OF THE a.To any applicant who is under sion under Section 23-006 or CITY OF OF BROOKLYN CENTER 8 years of age. renewal under Section 23-104_
and has full knowledge of the facts stated DOES ORDAIN AS FOLLOWS: b.To any applicant who is pro- Section 4.Brooklyn Center City
below: Section 1.Brooklyn Center City hibited by federal_state or other lo- Code,Section 23-110 is repealed.
Code, Section 23-006 is amended cal la%ordinance or regulation from Section 5.This ordinance shall
(A)The newspaper has complied with all of as follows: holding such a license. be effective after adoption and thirty
the requirements constituting qualifica- Section 23-006 SUSPENSION: c.To am applicant who has fees days following its legal publication.
tion as a qualified newspaper as provided REVOCATION. The Council may or chargesto the City or th mtv Adopted this 27th day of April
by Minn. Stat. §331A.02,§331A.07, and suspend or revoke any license is- that are d and mnaid_ 2015.
sued pursuant to the ordinances if d. For any premises for which Mayor Tim Willson
other applicable laws as amended. the Council finds that any of the fol- property taxes or city utility charges ATTEST City Clerk Sharon Knutson
(B)This Public Notice was printed and pub- lowing ever occur, provided, how- are due and unpaid. Date of Publication:May 7,2015
lished in said newspaper(s) for 1 succes- ever,that the licensee shall be given Section 3.Brooklyn Center City Effective Date:June 6,2015
sive issues the first insertion being on notice of the proposed revocation Code, Section 23-108 is amended (Strikeetlt indicates matter to be
or suspension and be provided an as follows: deleted,do ubl. and din.indicates
05/07/2015 and the last insertion being on opportunity to appear before the Section 23-108.VIOLATION AND new matter.)
05/07/2015. Council and be heard: PENALTY
1. That the licensee has know- 1. Misdemeanor 5/7/15,3
prosecution. Ordinance 2015--0505,,
386520
ingly made false statements in or Nothing in this Section shall prohibit
regarding his application. the City from seeking prosecution
2.That the licensee or his agents as a misdemeanor for any alleged
/(�^i L� �W� have violated or failed to comply violation of Sections 23-101 through
W
By; V0with ordinance provisions,statutes, 23-108.
Authorized Agent or legal directives pertaining to the 2.Administrative penalties.
regulation of activities authorized by a) Licensees. Administrative
the license. Penalties: Licensees. If a licensee
Subscribed and sworn to or affirmed before 3.That the licensee has failed to or employee of a licensee sells to-
me on 05/07/2015. correct or remove,within a reason- bacco to a person under the age of
able period,ordinance violations af- 18 years,or violates any other provi-
ter receipt of notice to do so. sion of Sections 23-101 through 23-
4. That the continued effective- 109,the licensee shall be charged
�I^ `'/► D ness of the license constitutes a an administrative penalty of$100.
Iv` y ` CL-i substantial threat to the public An administrative penalty of $200
Notary Public peace,health,safety or welfare. shall be imposed for a second viola-
5_That the license was mistak- tion at the same location within 24
eply issued or renewed to a person months after the initial violation. For
or or a premises t at i ineligible for a third violation at the same loca-
the license. tion within 24 months after the initial
Section 2.Brooklyn Center City violation, an administrative penalty
Code, Section 23-104 is amended of$250 shall be imposed,and the
as follows: licensee's authority to sell tobacco
Section 23-104.RESTRICTIONS. at that location shall be suspended
L The KfN.Gt� vItisalgrounds for than seven tl
Mn� for denying the issuance of or� b) Other individuals. indi-
newal of a license under Sections viduals,other than minors regulated
N0W •� 23-101 through 23-10 ,-:t mense by Sections 23-101 through 23-108,
MY W blplros J 31,2119 is mistakenly issued or renewed to found to be in violation of Sections
a pemn, it shall be revoked upon 23-101 through 23-108 shall be
charged an administrative fine of
ineligible for the lieense under thus $50.00.
Section. c)Minors.Minors found in unlaw-
1.The applicant is under the age possession of or who unlawfully
ef_ jrears aFage; purchase or attempt to purchase,
2-a.The applicant has been con- tobacco,tobacco products,tobac-
victed within the past five years of co-related devices,or nicotine or lo-
any violation of a federal,state,or bells delivery devices,shall be sub-
local law, ordinance provision, or ject to an administrative fine,or may
other regulation relating to tobacco be subject to tobacco-related edu-
products, or tobacco-related de- cation classes,diversion programs,
vices or has ad a li nse to II to community services, or another
bacco products or tobacco-related penalty that the City believes will
products revoked or suspoWed be appropriate and effective. The
with the oast Q .v ars. administrative fine or other penalty
3 shall be established by City Council
ordinance upon the City Council's
consultation with interested parties
Rate Information: 193 revoked within the preeeding 12 of the courts, educators, parents
(1)Lowest classified rate paid by commercial users nwnths of the date of applieetion. and children to determine an ap-
for comparable space: 4---b.Te applicant fails to pro- propriate penalty for minors in the
$46.90 per column inch vide any information required on city.This administrative fine or other
p the application,or provides false or penalty may also be established
misleading information. from time to time by the ordinance
5.The applicant ig prohibited by or resolution establishing fees and
feeleral,state,or other-kx%Haw,-ar- charges,as it may be amended from
time to time.
holding sueh et lieense. d)Statutory penalties. If the ad-
Ad ID 386520 prqm" ministrative penalties authorized