ORD 11-02ORDINANCE NO.11- 02
CITY OF ELK RIVER
•
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 26-44
OF THE CITY OF ELK RIVER CODE OF ORDINANCES REGARDING
TOBACCO PRODUCTS SHOPS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 26-40(c) of the Elk River City Code of Ordinances shall be
amended such that sub-sections (2) (3) and (4) shall read as follows:
(2) The proposed location is in a zoning district where the business is not allowed
pursuant to Chapter 30 of this Code. This restriction shall not apply to tobacco
product shops which were in conformance with Chapter 30 on July 21, 2008.
(3) The proposed location is located within 500 feet of a school or park property.
(i) The distance limitations shall be measured from property line to property
line at the nearest point or from property line to the nearest point of the
leased premises if the tobacco products shop is located in a multi-tenant
facility.
• (ii) This restriction shall not apply to tobacco product shops which were
properly licensed pursuant to Chapter 26 of this Code and in conformance
with Chapter 30 of this Code on July 21, 2008.
(4) The proposed location is in a multi-tenant facility and does not have its own
separate ventilation system, unless the licensee agrees, and the License provides, that
there shall be no smoking allowed in the tobacco products shop. Violation of this
condition in a license shall be grounds for revocation of the license.
Section 2. That this Ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of Elk River this 4th day of April,
2011.
1
J D` tz
Mayor
ATTEST:
L_.--
• Tina Allard
City Clerk
AFFIDAVIT OF PUBLICATION
• STATE OF MINNESOTA ) SS
COUNTY OF SHERBURNE )
ORDINANCE NO.11-02
CITY OF ELK RIVER
AN ORDINANCE OF THE
CITY OF ELK RIVER
AMENDING SECTION 26-40 Heidi Quanrud,being duly sworn on oath says that she is the office manager of the
OF THE CITY OF ELK RIVER
CODE OF ORDINANCES Newspaper known as the Star News,and has full knowledge of the facts which are stated
REGARDING TOBACCO below:
PRODUCTS SHOPS
The City Council of the City of (A)The Newspaper has complied with all oftherequirementsconstitutingqualifications
Elk River does hereby ordain as
follows: as a qualified newspaper,as provided by Minnesota Statue 331A.02, 331A.07 and other
Section 1. That Section applicable laws,as ammended.
26-40(c)of the Elk River City
Code of Ordinances shall be (B) The printed legal notice, which is attached was cut from the columns of said
amended such that sub-sec-
s
tions(2)(3)and(4)shall read newspaper and was printed and published once a week for one week;it was first published
as follows: on Saturday,the 9th day of April,2011,and was therefore printed and published on every
(2) The proposed location is in Saturday to and including Saturday,the 9th day of April,2011,and printed below is a copy
a zoning district where the
business is not allowed pursu- of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledged as
ant to Chapter 30 of this Code. being the size and kind of type used in the composition and publication of the notice
This restriction shall not apply
to tobacco product shops which
were in conformance with
Chapter 30 on July 21,2008. '
(3)The proposed location is abcdefghijklmnopqrstuvwxyz
located within 500 feet of a
school or park property.
(i)The distance limitations
shall be measured from prop-
line to property line pthe /rest point ar from property 14
me to the nearest point of the b.
leased premises if the tobacco
products shop is located in a
multi-tenant facility.
(ii)This restriction shall not Office Manager
apply to tobacco product shops
which were properly licensed Subscribed and sworn to before me on
pursuant to Chapter 26 of this
Code and in conformance with this 9th day of April,2011 LIA�
,SAuLA32
Chapter 30 of this Code on July
21,2008.
(4) The proposed location is in
a multi-tenant facility and does
not have its own separate ven-
tilation system,unless the lic-
ensee agrees,and the License SHELLY RAE WESTOVER
provides,tha£there shall be no NOTARY PUBLIC
smoking allowed in the tobacco MINNESOTA
products shop. Violation of this ,,,, My Commission Expires Jan.31,2015
condition in a license shall be Notary Public
grounds for revocation of the
license. _
Section2.ihat this Ordi-
nance shall take effect upon RATE INFORMATION
adoption as provided by law.
Passed and adopted by the $ 21.00
City Council of the City of Elk (1)Lowest classified rate paid by
River this 4th day of April,
2011. commercial users for comparable space
John Dietz (line,word or inch rate)
ATTEST: Mayor (2) Maximum rate allowed by law for the $ 15.50
Tina Allard . �� above matter
;Clerk (line,word or inch rate)
(Ap9)
(3) Rate actually charged for the above $ 15.00
matter
(line,word or inch rate)
2,564,144