ORD 08-008ORDINANCE " 0
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF CHAPTER
26, ARTICLE 11 "TOBACCO" AND ADOPTING NEW SECTION y ARTICLE 11
"TOBACCO" THE CITY CODE OF ORDINANCES
THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS
.LOWS
SECTION 1. CHAPTER , ARTICLE If OF THE ELK RIVER MUNICIPAL CODE IS
HEREBY REPEALED,
SECTION 2, NEW CHAPTER , ARTICLE 11 OF THE ELK RIVER MUNICIPAL
CODE IS HEREBY ADOPTED, AS Lie's:
CHAPTER 26, ARTICLE If. TOBACCO
DIVISION . GENERALLY
Sec. 26-31. Definitions,
The follolving words, terms and phrases, when used in this article, shall have the means ascribed to
them in this section except � � � +
where o to t clearly indicates a different mear� .
Compliance checks
means the system the city uses to investigate and ensure that those authon'zed to sell tobacco, tobacco
products, and tobacco - related devices are fo owmg and complying with the requirements of this
a tide. Compliance checks shy involve the use of n- ors as authorized by this article. Comphance
checks shaU also r ea . the use of
in who attempt to purchase tobacco, tobacco products, or
tobacco - related devices for educational, research and trammg 'doses as authored by state and
federal laws. Compliance checks may also he conducted by other units of government for the purpose
of enforcing appropriate federal, state, or local laws and reg�ati s eat tobacco,
products, and tobacco-related devices.
I dividua .y packaged
means the practice of selling any tobacco or tobacco product wrapped M* dividually for sale.
Individually wrapped tobacco and tobacco products shad. include, but not be meted to, sm Ie cigarette
packs, singe hags or cans of loose tobacco in arly form, and single cars or other packagi of snuff or
cheering tobacco. Cartons or other pac ag g co .ta g more than a single pace or other container as
des ctibed M this article shall not be considered ind vidua y packaged.
oosle
is the common term, used to refer to a single or dividually packaged cigarette.
Moor
rnearis any ria=al person who has not yet reached the age of 18 years.
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Moveable place of business
means any form of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a wed address storefront or other permanent type of structure
authoMed for sales transactions.
Retail eta lishment
means any place of business where tobacco, tobacco products, or tobacco-related devices are available
for sale to the general pubic. RetA establishments shall include, but not be meted to, grocery stores,
convenience stores, and restaurants,
Sale
ears any transfer of goods for money, trade, barter, or other consideration.
Self-service merchandising
weans open displays of tobacco, tobacco products, or tobacco - related devices in any manner where
any person shall have access to the tobacco, tobacco products, or tobacco -- related devices without the
assistance or intervention of the licensee or the Licensee's employee. The assistance or intervention
shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco - related device
between the customer and the hcensee or employee. Self service merchandi in shall not include
vending machines.
Tobacco and tobacco product
means any substance or item containing tobacco leaf, includ g but not li iited to cigarettes; cigars;
cheroots; to es; eri ues; granulated, plug cut, cep cut, ready - rubbed., and other smoking tobacco;
snuff; snuff flo rers� cavendish; plug and gist tobaccos; one cut and other the vin tobaccos; shorts;
refuse scraps, chppin s, cuttings, and s ire In of tobacco; and other lands and forms of tobacco
prepared in such a manner as to he suitable for smoldng, chewing, sniffing, smoldng in a pipe or other
tobacco - related. devices.
Tobacco products shop
. place or business that de.ves more than 90 percent of its gross revenue from the sale of tobacco
and tobacco products or tobacco- related devices and to wEch the sale of other products is merely
incidental.
Tobacco - related device
means any tobacco products as well as a pipe, rolhng papers, or other device intentionally designed or
intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or
tobacco products.
Vending machine
means any tnecha c 1, electric or electronic or other type of device which dispenses tobacco, tobacco
products, or tobacco - related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-
related device.
Sec. -. Purpose of article.
Because the city recognj-zes that many persons under the age of 18 Fears purchase or oche vie obtain,
possess, and use tobacco, tobacco products, and tobacco - related devices, and that such sales,
: \Admi tra6 on \Llccn s To :icco rdinanc Amend ieric 007\Ordinance Final Tobacco Nfay D .doc
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possession, and use are Violations of both state and federal laws, and because studies, whi
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Sec, 26-36. Exceptions and defenses.
Nothing a this article shall prevent the provision of tobacco, tobacco products, or tobacco - related
devices to a minor as part of a lawfiiUy recognized rehg
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Sec. 26-40. Tobacco Product. s Shop
(a) Tobacco products shops, as de 'med by this Article cannot be entered at anytime by persons
younger than 18 years of age.
(b) The self-service restrictions prescribed in Section 26-39 shall not apply to licensed tobacco
products shops.
(c) No license may be Issued fora tobacco products shop where:
(1) the proposed location is lnehlle for a license under city ordinance or state la
(2) the proposed location is in a zoning dl t ct where the mness is not a owed pursuant
to Chapter 30 of des code.
(3) the proposed location is located wld n Soo feet of a school or park property {. The
distance lirnit;adons shall be measured from property line to property line at the nearest
point or from props ty line to the nearest point of the leased premises if the tobacco
products slop is located M'a mull-tenant facility.
(4) Where the proposed location is in a multi - tenant: fa city and noes not ha ve Its own
separate ventilation system.
Secs. 26-41 to 26-64. .e er ed.
DIVISION 2. LICENSE
Sec. 26-65. Fee.
No license shall be issued under this division undl the approp ate license fee shat be paid M, full. Fees
for a license are set by ordinance on an annual basis In the city's fee s che dule . For hcens es issued and
which are to become e `ecti -ve other than on the &st day of d -le ficensm*g year, die fee to be paid Nvitb
d-le application shall be a pro rata share of the annual license fee.
Sec. 26-66. Term.
AH licenses issued under this division shall be vafid for one calendar year. . All licenses shall expire on
December 31.
Sec. 2- '. Required.
No person shall seh or offer to sell any tobacco, tobacco products, or tobacca - related devices without
f: s t h awing obtained license to do so from the city.
Sec. -. Application.
The appEcadon for the license provided for in this division shall be jade to the city clerk by filing the
annual license fee and by completing an application forin as provided by the city clerk. In addition to
such in orrnad n as die city clerk may regw' e, dhe applicadon shall Mcl de:
a Whether die applicant is a natural person, corporation, partnership, or offier form of
organization.
(b) The name of die applicant and all persons Id-i an ownership interest m die business.
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(c) The permanent home address and the home telephone number of the applicant and all persons
associated zn the business.
(d) The address of the pzezrzises to be licensed.
(e) Whether all real estate taxes, assessments, or other financial claims of the city, state, or federal
government For the business and prerr�i.ses to be licensed have been paid and, if not paid, the
Yeats for which delinquent.
`nether the applicant has ever used or been known n. by a name other than his/her uue name,
and if so , ghat was the name, or names, and hhformadon conccxx�ng dates laces where
used.
(g) A statement as to whether or not the applicant, the person managing the business, or an
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 na, re of the
offense and the punishment or penalty assessed therefor.
(h) Other localities where the applicant has had or currently has a tobacco license,
Sec. 26-69. Grounds for Denial or Revocation
a
All license applications under this division shall be made to the aty clerk and re erred to the
chief of police and such other municipal departments or offices as the city clerk. deems
necessary For veri.fxcation and lnvestigatlon of the Facts set forth in the application, he chief of
police and order department heads or officers consulted shall submit their reports and
reconunen.dations to the city clerk.
(b) The existence of any particular ground for decal or revocation does not mean that the city
must deny or revolve the license. IF a license is ,r�stak.enly issued or renewed to a person, it shag
be revolved upon the discovery that the person was ineligible for the license under this section..
(c) The council shall have the discretion to consider, in granting, denying, revoking, or ren wmg a
license, any reasonable facts or circurnstances relating to public health, safety, and welfare,
including but not 1 ted to the ollo��r' .
n.
(1) The applicant is under the age of years.
(2) The applicant has been convicted within the past five years of any violation of a Federal,
state or local later, ordinance provision, or other regulation relating to tobacco, tobacco
products, or tobacco - related devices.
(3) The applicant has had a license to seH tobacco, tobacco products, or tobacco - related
devices revoked ed wither the preceding three years of the date of application.
(4) The applicant f`a'lls 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 udhty b1s b . for the premises for which the license will be issued are
delinquent.
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Failure to pay the yearly application fee.
(d) Mere a reasonable basis is Found by the couacil to impose reasonable restrictions on the
license, taking into consideration one or nnore of the Facts or circurnstances, the council may
upon issuance or renewal of a license impose such reasonable conditions and restrictions on
the manner and c-rcur stances under which the licensed activity shall be conducted to preserve
the public peace and protect and promote good order and secu .
e Failure of any person to comply with any of the ordinances of the city r the lavers of the
shad b i this state
e grounds for denying r revolting license granted under this division. If a license is
proposed to be der. ed or revoked by the City Council, the city must notify the applicant with
the reason(s). The applicant shall he allowed an opportu.n'ty for a hearm* pursuant to Chapter
Article H of is Code.
Sec. 26-70. License not to be issued for moveable place of us ness.
No license shall be issued under this division to a moveable place of 1 u m' e s. Only E ed location
busmnesses shall be edgible to be licensed under this division.
Sec. 2 -7 1. No Transfers.
(a) All licenses issued under this division shall be v and only on the prerjaises for which the license
was issued and only for the person to whom the license was issued. No transfer o r
n license
to another location or person shall be valid. Relocation or sale of the busmness shall require the
approval and issuance of a new license.
(b) Transfer of percent or more of the ownership interest of a business entwy, or of a
controlEng interest of it, whichever is less, N #i]J be deerned a sale of the usmess. If the licensee
is a business entity that is wholly owned by another entity, the same provisions about the
transfer of ownership or a controffing ranter t will apply to the parent enti ty and any second
parent entity that wholly owns the parent entity,
(c) A sale of the business as deed in this section vvidiout the approval and Issuance of a new
license shah result M the unlicensed sale of tobacco, tobacco products, and tobacco related
Transfer of this amount of ownership interest without p, or Council approval is a
ground for revocation or suspension of the license, In addition, each day he licensee operates
y p
under the license after a transfer has taken place without ohta n' g Council pp a roval will be
separate violation of this ordinance.
Sec. 26-72. Posting,
AR licenses issued under this division shall be posted and displayed in plain view of the general Pubhc
on the licensed premises.
Sec 2 -7. penalty
(a) Licensees.
Any Ecerisee Found to have violated d-�s article, or whose employee has violated this article
shall be charged an administrative penalty of 375.00 for a first violation of this article $200.00
fora second offense at the same licensed premises within a 24-month period, and $250.00
for a
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WOE
third or subsequent offense at the same location within a - -month period. In addition., after
the third offense, the license shall be suspended for not less than seven days.
(b) Other Persons
Other dividu.als, other than minors, found to be In violation of this article shall be charged an
administratve penalty of
(c) moors.
Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase
tobacco, tobacco products or tobacco- related devices shall be prosecuted according to state law
and be required to complete tobacco-related education cusses, diversion programs, or
community services.
(d) Notice.
No penalty or suspension may take effect undl the licensee or other individual has received
notice, served personally by ma fl, of the a.fleged vlolafion and of the opportunity for a heap g
pursuant to Chapter 38 Article IL
(e) Prosecution of violation as misdemeanor.
Nothing M this section. shall prohibit the city from see dng prosecution as a rr sdemean,or for
any alleged violation of this article or state laver. If the city elects to seek misdemeanor
prosecution,, such action shall not prohibit an adm�stradve penalty from also be imposed.
Any person violating any provision of this ordinance or of any other law shal be guilty of a
rMsdemean.or, and upon conviction shall by subject to the penalties for a misdemeanor as
prescribed by state law. Each day a violation continues shah be considered a separate
rmsdemeanor offense punishable by a separate rr sdemea or penalty, A fine or sentence
unposed does not affect the tight of the city to suspend or revoke the license of the licensee as
the Council deems appropr ate.
Secs. 9.6-74 to 26-90. Reserved.
Passed and adopted b dae i Council of the City o Elk River this �
p y A day o£ , .. .
Steph ru'e Klin
zin ,
g
A ST-
w
Tea Mardi City Clerk
.\Ad r�r�stratlon I..lccnses\To arco\Ordinance Am ndmern 2001 Ordinance Final Tobacco IMay 09.doc
1 RESOLUTION 08-56
VA RESOLUTION OF THE
CITY OF ELK RIVER
A RESOLUTION
PROVING NOTICE OF
VMMARYPUBLICATION N
OF ORDINANCE #08-08
AN ORDINANCE
REPEALING ALL OF
26, ARTICLE H,
OBACCO," AND ADOPT.
G NEW CHAPTER 26,
TICLE II, " POBACCO,"
F THE CITY CODE OF
ORDINANCES
"EREAS,on July 21, 2008
the Elk River City Council
adopted Ordinance 08 -08 an
Ordinance repealing Chapter
26y Article II, titled "Tobacco,"
and adopting a new Chapter
261 Article II titled, "Tobacco,"
of tkhe City Code of Ordinances;
HEREAS, the adoption to
ordinance sets forth defini-
is, licensee responsibilities,
►pliance checks, application
uirements for applying for a
nse, grounds for granting or
ying a license, transfer of
rship and how it applies to
.sing, penalties, applicants
hearing process,
- equirements for
lucts shops, and
iquirements to
for tobacco prod -
d
a copy of the full
..dinance is avail-
lard or electronic
nspection at the
Elk River City
-Orono Parkway,
r business hours,
:30 p.m., Monday
y; and
BEFORE, BE IT
that the City
t least four - fifths
zes the publica-
n and summary of
)8 -08 and that
-08 shall become
n publication of
idopted this 21st
)8.
ephanie Klinzing,
Mayor
y30)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF SHERBURNE
' SS
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A) The Newspaper has complied with all of the requirements constituting
qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07
and other applicable laws, as ammended.
(B) The printed Ordinance 08 -56, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Wednesday, the 30th day of July, 2008, and was therefore printed and published on
every Wednesday to and including Wednesday, the 30th day of July, 2008, and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice
abcdefghij klmnopgrstuvwzyz
Office Manager
Subscribed and sworn to before me on
this 30th day of July, 2008
Notary Public
"T lk',CINDY M. SCHIMINSKI
NOTARY PUBLIC
MINNESOTA
My Comrniss ion Expires Jan. 31, 2010
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space
(2) Maximum rate allowed by law for the
above matter
(3) Rate actually charged for the above
matter
1,318,431
$ 28.80
(line, word or inch rate)
$ 14.85
(line, word or inch rate)
$ 14.85
(line, word or inch rate)