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ORD 16-31Ordinance 16 - -ii St6ketkxevghs to be removed Underlines to be added An Ordinance Amending Chapter 26, Health and Sanitation, Artfi6e 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. bevalid issued. Licenses must be renewed annually. 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 €"t -having eyed a current license to do so €re 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 te the eity eleA 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 city 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; PIeI1III Ir Last Updated March 2014 ■ ATU^ Steikethfaughs to be removed Underlines to be added (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)ly the eity must deffy, revoke, or- sespead 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) any of the following: (1) The applicant is under the age of 18 years. A tobacco license shall not be issued upon (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. Last Updated March 2014 rarreII or NATURE Steiketkxeugks to be removed Underlines to be added (7) Failure to pay the yearly application fee. (d) Where a reasonable basis is found by the eattneil to impose reasonable conditions/ restrictions on the license, taking into consideration one or more of the facts or circumstances, the eetm license may have reasonable conditions/restrictions imposed 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 heense is proposed to be deftied, revoke YYbe a4awed an apportu�ty fat ft > artiele 11 of dimis Eede—The city shall have the discretion to consider in xg anting denyinv revoking suspending, or renewing a license. any reasonable facts or circumstances relating to public health. safety. and welfare (f) If a license is denied by the office of the city 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 'vex this 19 day of December, 2016. J. ietz, Mayor Tina Allard, City Clerk Last Updated March 2014 �rF,,IgV/�Eee[aBar ItlATU AFFIDAVIT OF PUBLICATION STATE 6F MINNESOTA ) ss COUNTY OFSHERBURNE Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT 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 12/24/2016 and the last insertion being on 12/24/2016. 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: UA�_k V -d k Designated Agent Subscribed and sworn to or affirmed before me on 12/24/2016 by Charlene Vold. Notary Publi, vwvvvvvwvv. , DARLENE MARIE KPHERMN Notary Public -Minnesota My CommlWon Expires Jan 31, 2019 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 636532 CITY OF ELK RIVER ORDINANCE 16 - 31 AN ORDINANCE AMENDING CHAPTER 26, HEALTH AND SANITATION, ARTICLE 11, DIVISION 2, REGARDING TOBACCO LICENSING OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE An Ordinance Amending Chap- ter 26, Health and Sanitation, Ar- ticle 11, Division 2, Regarding To- bacco Licensing of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 26-66, Tenn and Renewal of the City of Elk River Code of Ordinances shall be amended as follows: All licenses issued under this division shall expire on December 31 of th ye 'ss ed. be -gelid he expire an Deeember­� Licenses must be renewed annually, Application for renewal shall be 11109 @1 least 60 claya before the oxo' t' a and shall be in the form and injunritu risquired for the o'' al quired of the City of Elk River Code of Ordinances shall be amended as follows: No person shall sell or offer to sell My tobacco, tobacco prod- ucts, tobacco -related devices nicotine, or electronic delivery de- vices without first having obtained a current license to do w from a8 lasued by the office othe city clerk. SECTION 3. That § 26-68, Appli- cation of the City of Elk River Code of Oramances shall be amended as tollaws: The application for the license provided for in this division shall be made ft) ­h eityelerk by filing the annual license fee and by complet- ing an application form as provided by the office of the city clerk. or mew applications the police d oart- ment shall conduct the required liggisground investigation before :onsideret'on of IiQQDsure by the office of the city clerk, In addition to such information as the city clerk$ 3flics, may require, the application shall include: (1) Whether the applicant is a taturel person, corporation, part- mrship, or other form of organim- ion; (2) The time of the applicant Ind all persons with an ownership merest in the business; (3) The permanent home ad - Iran and the home telephone iumber of the applicant and all per - ons associated in the business; (4) The address of the premises D be licensed; (5) Whether all real estate taxes, ssessments, or other financial [aims of the city, state, or federal iovernment for the business and remises 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; (n A statement as to whether or not the applicant, the person man- aging the business, or all persons associated in the business have been convicted of any crime, mis- demeanor or violation of any city, state, or federal law, involving ac- tivi ies licensed under this article, the nature of the offense and the punishment or penalty assessed therefor; and (8) Other localities where the ap- plicant has had or currently has a tobacco license. SECTION 4. That § 26-69, Gmund-4w-d FBI forf-stispensier,. License eligibil- ity 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 applica- tion. The chief of police and other department heads or officers con- Suhed shall submit their reports and recommendations to the city clerk. (b) the-8eense: If a license is mistak- enty issued or renewed to a person, it shall be revoked upon the discov- ery that the person was ineligible for the license under this section. (c) "`e-coune+-shalt-ha.ais, ineluding but to-ing: A tobacco license shall not be issued any of the foil 109: (1) The applicant is under the age of 16 years. (2) The applicant has been con- victed within the past five years of any violation of a federal, state or local law, ordinance prevision, or other regulation relating to tobacco, tobacco products, tobacco -related devices, nicotine, or electronic de- livery devices. (3) The applicant has had a It - cense to sell tobacco, tobacco Products, tobacco -related devices nicotine, or electronic delivery devices denied revoked, or sus- pended within the preceding three years of the date of application. (4) The applicant fails to provide any information required on the ap- plication, or provides false or mis- leading information. (5) The applicant is prohibited by federal, state, or local law, or- dinance, or other regulation, from holding such a license. (6) Any taxes or utility bills forthe Premises for which the license will be issued are delinquent. (n Failure to pay the yearly ap- plication fee. (d) Where a reasonable basis is found by- the -eamlcil to impose rea- sonable cendaions/restrictions on the license, taking into consider- ation one or more of the facts or cir- cumstances, the-eauneNmay-aeon issueaee-Of ssissoal ei a license tppy have reasonable co d't'o sr restrictions imposed sueh-mesen- on the manner andcircumstances un- der which the licensed activity shall be conducted to preserve the pub- lic peace and protect and promote good order and security. (a) Failure of any person to com- ply with any of the ordinances of the city or the laws of the state. or anv cendhionsheatrictions imposed on a license shall be grounds for denying, revoking or suspending a license granted under this division. If a license is peposed to be de 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 Published in the Star News December 24, 2016 636532