7.10. SR 12-19-2016 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.10
Agenda Section Meeting Date Prepared by
Public Hearin s December 19, 2016 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment Allowing Staff Approval of Cal Portner, City Administrator
Tobacco Licenses Reviewed by
Peter Beck, City Attorney
Action Requested
Adopt,by motion, an ordinance amending the tobacco licensing section of the Health and Sanitation
Chapter to allow in-house license approval by city staff.
Background/Discussion
Council previously authorized certain licensing ordinance amendments in order to allow in-house
approvals by staff.
A public hearing is required by state law for tobacco ordinance amendments. Current license holders were
sent a letter notifying them of this hearing along with a copy of the proposed ordinance. No comments
were received.
The amendment allows for license approval by staff. If staff denies a license, an applicant would have an
opportunity for a hearing before Council. The Grounds for Denial section was modified to make it clearer
as to when staff can deny a license.
Financial Impact
N/A
Attachments
■ Ordinance
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City of
Elk -�-�
River
Ordinance 16 -
An Ordinance Amending Chapter 26, Health and Sanitation, Article 11, Division 2,
Regarding Tobacco Licensing of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 26-66,Term and Renewal of the City of Elk River Code of Ordinances shall
be amended as follows:
All licenses issued under this division shall expire on December 31 of the year issued. be valid
for one calendar year. A—]] licenses shaR expire on December 31 of the year in which they were
iced. Licenses must be renewed annuallv.
Application for renewal shall be made at least 60 days before the expiration and shall be in the
form and manner required for the original license.
Upon the timely submission of an application for renewal, the Office of the City Clerk shall
renew each license meeting the requirements for the issuance of the original license no later than 30
days before the expiration. Late applications shall be acted upon within 30 days of the application
date.
SECTION 2.That§ 26-67, Required of the City of Elk River Code of Ordinances shall be
amended as follows:
No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related devices
nicotine, or electronic delivery devices without fifs+-having obtaine a current license to do so €r-em
as issued by the office of the city clerk.
SECTION 3.That§26-68,Application of the City of Elk River Code of Ordinances shall be
amended as follows:
The application for the license provided for in this division shall be made to the city clefk by
filing the annual license fee and by completing an application form as provided by the office of the
city clerk. For new applications the police department shall conduct the required background
investigation before consideration of licensure by the office of the ci clerk. In addition to such
information as the city clerk's office may require, the application shall include:
(1) Whether the applicant is a natural person, corporation,partnership, or other form of
organization;
(2) The name of the applicant and all persons with an ownership interest in the business;
(3) The permanent home address and the home telephone number of the applicant and all
persons associated in the business;
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(4) The address of the premises to be licensed;
(5) Whether all real estate taxes, assessments, or other financial claims of the city, state, or
federal government for the business and premises to be licensed have been paid and,if not
paid, the years for which delinquent;
(6) Whether the applicant has ever used or been known by a name other than his/her true
name, and if so,what was the name, or names, and information concerning dates and
places where used;
(7) A statement as to whether or not the applicant, the person managing the business, or all
persons associated in the business have been convicted of any crime,misdemeanor or
violation of any city, state, or federal law,involving activities licensed under this article, the
nature of the offense and the punishment or penalty assessed therefor; and
(8) Other localities where the applicant has had or currently has a tobacco license.
SECTION 4.That§26-69, . License
eligibility of the City of Elk River Code of Ordinances shall be amended as follows:
(a) All license applications under this division shall be made to the office of the city clerk and
referred to the chief of police and such other municipal departments or offices as the city clerk
deems necessary for verification and investigation of the facts set forth in the application. The
chief of police and other department heads or officers consulted shall submit their reports and
recommendations to the city clerk.
(b) > Of Sttspension does not mean tha
license.the city must deny, revoke, or suspend the If a license is mistakenly issued or renewed
to a person,it shall be revoked upon the discovery that the person was ineligible for the license
under this section.
(c) >
renewing a license, any reasonable f�cts of effettffistflflees relating to public > >
aftd
,velfare,including but not limited to the . A tobacco license shall not be issued upon
any of the following:
(1) The applicant is under the age of 18 years.
(2) 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, tobacco
products, tobacco-related devices, nicotine, or electronic delivery devices.
(3) The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices
nicotine, or electronic delivery devices, denied,revoked, or suspended within the preceding
three years of the date of application.
(4) The applicant fails to provide any information required on the application, or provides
false or misleading information.
(5) The applicant is prohibited by federal, state, or local law, ordinance, or other regulation,
from holding such a license.
(6) Any taxes or utility bills for the premises for which the license will be issued are delinquent.
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(7) Failure to pay the yearly application fee.
(d) Where a reasonable basis is found by the cottnci4 to impose reasonable conditions/restrictions
on the license, taking into consideration one or more of the facts or circumstances,
may upon issuance or ren a4 of a license may have reasonable conditions/restrictions imposed
such reasonable conditions and rest etions on the manner and circumstances under which the
licensed activity shall be conducted to preserve the public peace and protect and promote good
order and security.
(e) Failure of any person to comply with any of the ordinances of the city or the laws of the state,
or any conditions/restrictions imposed on a license, shall be grounds for denying, revoking or
suspending a license granted under this division. if a license is proposed to be denied, revoke
or suspended by the city cotmci4, the 'LY ---..-Lif�the applicant with the reason(s). The
applicant shaR be aRowed an opportunity for a heaning pursttant,to chapter 38, article 11 o
Go�The city shall have the discretion to consider,in granting, den)jng, revoking, suspending,
or renewing a license, any reasonable facts or circumstances relating to public health, safety, and
welfare.
(� If a license is denied by the office of the ci clerk, the city clerk shall notify the applicant of the
determination in writing,including the facts and specific Section or Sections of this Article
upon which this determination was made, and of their right to a hearing before the City
Council.
(g) Except as otherwise provided in this Chapter 26,Article II, tobacco licenses shall be governed
by the requirements and procedures set forth in Chapter 38,Article II of this code,including
the notice and hearing provisions set forth therein.
SECTION 5. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of December, 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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