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HomeMy WebLinkAbout2018-14 AP 10-24-18AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- pers) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN 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. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/18/2018 and the last insertion being on 10/18/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By:) Designated Agent Subscribed and sworn to or affirmed before me on 10/18/2018 by Darlene MacPherson. L %/�/,__ - Notary Public Jessica L Crabb a �= Notary Public Minnesota My Commission Exilifes January 31, 2023 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 868350 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of November, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to tobacco and tobacco related devices. Auxiliary aids for handicapped persons are available upon re- quest at least 96 hours in advance. Please notify the City Clerk at 763- 569-3306 to make arrangements. ORDINANCE NO. 2018-14 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING TOBACCO AND TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Legislative Findinas. The City Council of the City of Brooklyn Center hereby finds as follows: 1. The City of Brooklyn Center ("City") recognizes that tobac- co use has been shown to be the cause of several serious health problems which subsequently place a financial burden on all lev- els of government; this ordinance is intended to regulate the sale of tobacco, tobacco -related devices, electronic delivery devices, and nicotine or lobelia delivery prod- ucts for the purpose of enforcing and furthering existing laws, and to protect minors and young adults against the serious effects associ- ated with use and initiation. 2. The City also recognizes that the use of tobacco products has devastating health and econom- ic consequences. Tobacco use is the foremost preventable cause of premature death in America. It causes half a million deaths an- nually and has been responsible for 20.8 million premature deaths in the U.S. over the past 50 years since the first Surgeon General's report on smoking in 1964. This leads to more than $300 billion in health care and lost worker produc- tivity costs each year. In Minnesota, smoking was responsible for $3.19 billion in excess medical expendi- tures and the deaths of 6,312 indi- viduals in 2014. 3. The City further recognizes that young people are particu- larly susceptible to the addictive properties of tobacco products, and are particularly likely to be- come lifelong users. An estimated 5.6 million youth aged 0 to 17 are projected to die prematurely from a tobacco -related Illness if preva- lence rates do not change. National data show that about 95 percent of adult smokers begin smoking be- fore they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. Elec- tronic delivery device use among minors has recently tripled and Is shown to be on the rise among youth. Young minds are particularly susceptible to the addictive proper- ties of nicotine. As a result, approx- imately 3 out of 4 teen smokers end up smoking into adulthood. 4. In 2015, the Institute of Med- icine concluded that raising the minimum legal sales age for to- bacco products nationwide will reduce tobacco initiation, particu- larly among adolescents aged 15 to 17, improve health across the lifespan, and save lives; and that raising the minimum legal sales age for tobacco products nationwide to 21 would, over time, lead to a 12 percent decrease in smoking prev- alence. The Institute of Medicine also predicts that raising the min- imum legal sales age for tobacco products nationwide to 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born be- tween 2000 and 2019, and would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. 5. Cigar and pipe smokers are more than twice as likely to have decreased lung function compared to non-smokers. Cigar and pipe smokers who also smoke ciga- rettes may triple their risk of de- creased lung function. 6. Scientific evidence on the toxicity of secondhand tobacco smoke is both overwhelming and indisputable. The complex mixture of gases and particles that make up secondhand smoke (also known as environmental tobacco smoke) contains at least 250 chemicals known to be lethal, including more than 50 that can cause cancer. Medical authorities from around the world have concluded that second- hand smoke exposure causes heart disease, stroke, respiratory disease and lung cancer, has immediate ad- verse effects on the cardiovascular system, and causes sudden infant death syndrome, acute respiratory infections, ear infections, and asth- ma attacks in children. 7. Tobacco industry documents and marketing and public health research reveal that tobacco com- panies have used fruit, candy, and alcohol flavors as a way to target youth and young adults. The pres- ence of flavors such as menthol in tobacco products can make it more difficult for youth, young adults, and adult tobacco users to quit. 8. In making these findings, the City Council accepts the conclu- sions and recommendations of the U.S. Surgeon General reports, "E -cigarette Use Among Youth and Young Adults" (2016), "The Health Consequences of Smoking -50 Years of Progress" (2014) and "Preventing Tobacco Use Among Youth and Young Adults" (2012); a BlueCross BlueShield of Minne- sota report, "Health Care Costs and Smoking in Minnesota: The Bottom Line" (2017); the Institute of Medicine in their study, "Pub- lic Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products" (2015); the Centers for Disease Control and Prevention in their studies, "Tobac- co Use Among Middle and High School Students—United States, 2011- 2015," and "Selected Ciga- rette Smoking Initiation and Quit- ting Behaviors Among High School Students, United States, 1997"; and of the following scholars in these scientific journals: An Xu et al., Annual Healthcare Spending Attributable to Cigarette Smok- ing: An Update, Am. J. Prev. Med. 48(3): 326-33 (Mar. 2015); Giovino GA, "Epidemiology of Tobacco Use in the United States," Oncogene (2002) 21, 7326-40; Khuder SA, et al., "Age at Smoking Onset and its Effect on Smoking Cessation," Ad- dictive Behavior 24(5):673-7, Sep- tember -October 1999; D'Avanzo B, et al., "Age at Starting Smoking and Number of Cigarettes Smoked," Annals of Epidemiology 4(6):455- 59, November 1994; Chen, J & Millar, WJ, "Age of Smoking Ini- tiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and Subse- quent Smoking Behavior Among U.S. High School Students," Pre- ventive Medicine, 29(5):327-33, November 1999; and Rodriguez J, Jiang R, Johnson WC, MacK- enzie BA, Smith LJ, Barr RG; The Association of Pipe and Cigar Use With Cotinine Levels, Lung Func- tion, and Airflow Obstruction: A Cross-sectional Study; Ann Intern Med. 2010052:201-210 copies of which are adopted by reference. 9. The City determines that taking action to protect youth and to limit access to tobacco is an important public health issue and it was the first city in the state of Minnesota to set a minimum price for cigars as to curb the appeal of these products to youth and reduce the number of youth who Initiate to- bacco use. 10. The City's action paved the way for five more Minnesota com- munities, including Minneapolis and St. Paul, to set a minimum price for cigars with the shared goal of youth tobacco prevention. 11. The City determines that e -delivery products and e -liquids are particularly attractive to youth and that steps are needed to limit youth exposure and access to such products. 12. The City values youth and seeks their input in order to posi- tively raise awareness and seek solutions to problems facing youth, such as tobacco industry targeting and youth tobacco use. 13. The City's mission is to en- sure an attractive, clean, safe, and inclusive community that enhanc- es the quality of life for all people, and preventing youth tobacco use helps achieve these goals. 14. Sections 23-101 through 23-108 and the amendments contained herein are intended to regulate the sale of tobacco, to- bacco -related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious effects associated with use and initiation, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Min- nesota Statutes, section 144.391. Article II. Brooklyn Center City Code, Section 23-101 is hereby amended as follows: Section 23-101. LICENSE RE- QUIRED. No person shall directly or indirectly, or by means of any device, keep for retail sale, sell at retail, or otherwise dispense any tobaccoo-related covered product at any place in the city of Brook- lyn Center unless a license there- for shall first have been obtained as provided in Sections 23-101 through 23-108. Article Ill. Brooklyn Center City Code, Section 23-102 setting out definitions is amended as follows and by renumbering the provisions in this Section as needed: 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 defi- nitions shall apply unless the con- text clearly indicates or requires a different meaning: 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-devioes, vices covered products are follow- ing and complying with the require- ments of Sections 23-101 through 23-108. Compliance checks shall involve the use of trainerserp sons under the age of 21 as authorized by Sections 23-101 through 23- 108. Compliance checks shall also mean the use of miners persons under the age of 21 who attempt to purchase a'te..114[4d devices, or covered products for education- al, research and training purposes as authorized by state and feder- al 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 relat- ing to tobacco, tobacee products, tobeeee related dev'ees, and Mee tine -er-lebelie- delivery -deviees cov- ered products. 3. "Covered products" means any tobacco, tobacco -related de- vice. electronic delivery device, e -liquid, or nicotine or lobelia de- liverlt product as those terms are defined in this section. 3.1 "Electronic delivery device" shall mean a an electronic product Containing er-delwerrng nieettfle, febelia, or any other substanee that eam be used by a person 3h0t is designed to use, or that uses, e4quid to simulate smoking in the delivery of nicotine or any other substance through inhalation of the aerosol or vapor produced from the product substance. 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 he& haa 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 purpos- es, and is being marketed and sold solely for that approved purpose. "E -liquid" means any liquid intended for human consumption through an electronic delivery de- vice used to simulate smoking in the delivery of nicotine, lobelia. or a product containing the taste or smell related to chocolate. cocoa, mint. menthol, wintergreen. vanilla, honey. fruit. or any cand4 dessert, alcoholic beverage. herb, or spice through inhalation of the aerosol or vapor produced from the liq- uid. E -liquid shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administra- tion for legal sales for use in to- bacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. 7. " lnoi ' ean9--any natural' person who has not yet reached the -age eH 8 years. , "Nicotine or lobelia delly- ery product" means any product containing or delivering nicotine. including any synthetic variation thereof, or lobelia intended for hu- man consumption. or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. Nicotine or lobelia delivery product does not include any product that has been ,approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation or for oth- er medical purposes, and is being marketed and sold solely for that approved purpose. 9_. "Retail establishment" means any place of business where tobacco, tobaeee prod - niee#fne oHebelia-delivery devic- es covered products are available for sale to the general public. The phrase term shall Include, bu is not be limited to, grocery stores, con- venience stores, restaurants, and drug stores. 44t__. "Self-service merchandis- ing" means open displays of tebae- delivery deviees covered products in any manner where any person shall have access to the tebaeee, to ad deliyeryr-deviees, covered products without the assistance or interven- tion of the licensee or the licens- ee's employee. The assistance or Intervention shall entail the actual physical exchange of the tebae ebelia de6yery-device coveredrop duct between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the covered product between the clerk and the customer. 44_. 'Tobacco -related de- vices" means and includes any tobacco product as well as a pipe, rolling papers, or other device in- tentionally designed or Intended to be used in a manner that enables the chewing, sniffing or smoking of tobacco or tobacco products in- cluding electronic delivery devices. Tobacco -related devices include components of tobacco -related devices which may be marketed or sold separately. "Vending machine" means any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products or tobacco -related de- vices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the to- ef-er-tebae- product. Article IV. Brooklyn Center City Code, Section 23-103 is hereby amended as follows: 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 coveredroR duct at any place in the eCity unless a license has first been issued by the City as provided in this Section. 2. Application. An application for a license to sell tebaeee,-te- deviees covered products 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 busi- ness addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. 3. Action. Upon receipt of a completed application, the City Clerk shall forward the application to the police department for investi- gation. The police department shall conduct an investigation of the applicant and application regard- ing the fitness of the applicant to hold a license pursuant to the stan- dards set forth in Sections 23-101 through 23-108, and report the re- sults of its investigation to the City Clerk within 30 days of receipt of the application. The City Clerk shall forward the application for consid- eration 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 feels) shall be established by the City Council by resolution from time to time. 5. Sanctions for violation. Sanc- tions for violating a provision of Sections 23-101 through 23-108 8shall be set by the City Council at tbg penalty phase and shall not-te- be less than state mandated guide- lines. 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. Term and Rrenewals. Every such license shall expire on De- cember 31 next after its issuance. A fee for the renewal of any license Issued under Sections 23-101 through 23-108 shall be paid to the City Clerk with the renewal applica- tion. Applications for renewal must be submitted by November 30 of the year prior to the license year. not a right. The issuance of a li- cense is a privilege and does not entitle the holder to an automatic renewal of the license. 11. Maximum number of li- censes. The maximum number of licenses issued by the Cityinane year is limited to 15. except that any licensee holding a valid license as of October 1. 2018 is permitted to retain and renew said license. If the maximum number of licenses has already been issued, a licensee that allows its license to expire or has its license revoked shall not be eligible for a new license. Persons desiring to apply for a license may be placed on a waiting list and be eligible to apply on a first-come. first -serve basis once the number of issued licenses falls below the maximum number allowed. Not- withstanding the maximum number of allowed licenses. an applicant who purchases a business loca- tion holding a current license shall be allowed to apply for and obtain. If eligible. a new license for the business location provided it is ob- tained within the same license year as the current license. 12. Instructional Program. All licensees shall ensure that all em- ployees engaged with customers at the point of sale go through a training program on the legal re- quirements relating to the sale of covered products and theosp sible consequences for violations. Any trainingprogram must be pre -ap- proved by the City. Licensees must maintain and provide to the City documentation demonstrating compliance at the time of renewal, or whenever requested during the license term. Article V. Brooklyn Center City Code, Section 23-104 is hereby amended as follows: Section 23-104. RESTRIC- TIONS. 1. The following shall be grounds for denying the issuance of or re- newal of a license under Sections 23-101 through 23-108. 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 tebaeee preddets, or tobacee-related de- viees covered products, or has had a license to sell tebaeee preduets covered prod- ucts revoked or suspended within the past five years. b. The applicant fails to provide any Information required on the ap- plication, or provides false or mis- leading information. 2. No license may be issued or renewed: a. To any applicant who is under 4-821 years of age. b. To any applicant who is pro- hibited 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. Article VI. Brooklyn Center City Code, Section 23-105 is hereby amended as follows: 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 tebaeea, tebaeee preduet, or tebaeee-related- devieecovered roR duct: ago-a,;,�nar; ba. By a means of any type of vending machine; eb. By self-service displays: dc.-AeBV means of loosies; e_d. If the tebacee or tobae Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious deeletg= rious, 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 fe. To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. 2. No person shall sell any cov- ered product to any person under the age of 21. a. Age_ verification. Licensees must verify by means of govern- ment -issued photographic identi- fication that the purchaser of the covered product is at least 21 years of age. That the person appeared to be old enough to lawfully pur- chase a covered product does not constitute a defense to a violation of this Section. b. Signage. Notice of the legal sales age and age verification re- quirement must be posted at each location where covered products are offered for sale. The required slanaae. which will be provided to the licensee by the CitW, must be posted in a manner that is clearly visible to anyone who is or is con- sidering making a purchase of cov- ered products. 3. No person shall sell or offer for sale any electronic delivery device or e -liquid to any person unless the sale is on the premises of a retail establishment that: a. Prohibits persons under the age of 21 from entering at all times: and b. Derives at least 90 percent of its revenues from the sale of cov- ered products. Any retail establish- ment that sells electronic delivery devices or e -liquids mustrp ovide to the City upon request financial records that document annual s s 4. 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 unless the cigar is sold in an original package of at least five ci- gars, provided that: a. This restriction shall not apply to any sale, offer to sell, or distribu- tion of a single cigar that has a re- tail sales price of no less than $2.10 before sales tax, b. Cigars to which price promo- tions or discounts apply shall not be excluded from this restriction. Article VII. Brooklyn Center City Code, Section 23-106 is here- by amended as follows: Section 23-106, SMOKING PROHIBITED, Smoking shall not be permitted in, and no person shall smoke in, any licensed premises. Smoking in any licensed premises for the purpose of sampling a cov- ered product is prohibited under this Section. Article VIII. Brooklyn Center City Code, Section 23-107 is here- by amended as follows: Section 23-107. COMPLI- ANCE OMPLI- ANCE CHECKS AND INSPEC- TIONS. All licensed premises shall be open to inspection by the City police or other authorized City official during regular business hours. From time to time, but at least enee twice per year, the City shall conduct compliance checks by engaging with the written eon - sent of their- parents er guardians, mlrters-pmAqDs over the age of 15 years but less than 48 21 years to enter the licensed premise to attempt to purchase tobacco. to- bacco products or tobacco -related devices covered products. Miners Persons under the age of 21 used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for earn p:_.._�Inot-be guilty of -unlawful pessessiGn of tebacee, ed dev'ees when ase ;tams- are obtained as a part of the eampli enee eheek. No ruiner person used in compliance checks shall attempt to use a false identification mis- representing the miner's person's age, and all mine rserp sons lawful- ly engaged in a compliance check shall answer all questions about the miner'serp son's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he er she the person is asked. Article IX. Brooklyn Center City Code, Section 23-108 is hereby amended as follows: Section 23-108. VIOLATION AND PENALTY. 1. Licensees responsible. All licensees are responsible for the actions of their employees in regard to the sale of covered products on the licensed premises and the sale of a covered product by an employ- ee shall be considered a sale by the licensee for the purposes of constk tuting a license violation under this Section. 42. Misdemeanor prosecution. Nothing in this Section shall pro- hibit the City from seeking prose- cution as a misdemeanor for any alleged violation of Sections 23- 101 through 23-108. -23. Administrative penalties. a) Licensees. Administrative Pena"'--• Heensees. If a licens- ee or employee of a licensee sells tebaeee covered products to a per- son under the age of 4-8 21 years, or violates any other provision of Sections 23-101 through 23-108, the licensee shall be charged an administrative penalty of $#00 200. An administrative penalty of $290 500 shall be imposed for a second violation at the same loca- tion within 24 months after the ini- tial violation. For a third or subse- quent violation at the same location within 24 months after the initial violation, an administrative penal- ty of $250 50 shall be imposed, and the licensee's authority to sell tobacco products at that location shall be suspended for not less than seven days 30 days. Upon a fourth violation, the license will be revoked. b), Other individuals. @ther-fn- dividua+s, ether -then rniners regu Wed by Seetions 23 101 through - 23 23 108, found to be in violation of Sections 23-101 through 23-108 shall be charged an administrative fine of $50.00. e) M4ners. Miners found in unlawful possession of or who un- lawfully purchase or attempt to eee pred- aets, tebaeeaarelated-aQvlees ar bbl tive fine, catie r Wises, eammufity­ serviees, or another penalty that the Gity believes will be appropriate and effeet4ve. The admWatrat've fine or other penalty she" be es tab' flen with Interested parties of the eaurts, educators, parents and eh" dren to determine an appropriate penalty for miners On the eltyL This admim'strative fine or other penalty may Also be established frem time to torn as it may be arnended from tinge to time. ft. Statutory penalties. If the administrative 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. 4.3. License revocation, suspen- sion, or non -renewal. In addition to misdemeanor prosecution and administrative penalties, violation of Section 23-101 through 23-108 Is grounds for revocation or sus- pension under Section 23-006 or nonrenewal under Section 23-104. Article X. Brooklyn Center City Code, Chapter 23 is hereby amended by adding a new Section 23-014 as follows: Section 23-014, SEVERABILITY. If any Section or provision of the Chapter is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other Section or provision that can be given force and effect without the invalidated Section or provi- sion• Article XI. This Ordinance shall become effective after adoption and upon thirty (30) days following Its legal publication. Adopted this _ day of , 2018. Tim Willson, Mayor ATTEST: City Clerk (Strikeout indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post October 18, 2018 868350