HomeMy WebLinkAbout13.F.1. Amendments to Tobacco Regulations-Ord. No. 841TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Amendments to Tobacco Regulations
DATE: December 17, 2010
INTRODUCTION:
Attached is Ordinance No. 841, Fourth Series, for Council consideration.
BACKGROUND:
During the 2010 Legislature, changes to the tobacco regulations were adopted. Those changes
need to be incorporated into the City Code. Ms. Melissa Manderscheid, Kennedy & Graven,
has prepared the attached ordinance which amends those certain sections within the current
tobacco ordinance that need amendment to be consistent with state law.
Pursuant to the City Code, all license holders and Scott County Community Health Services
have received thirty (30) days' mailed notice of the City's intention to consider the
amendments.
After hearing comments from anyone present, the attached ordinance is ready for council
consideration.
RECOMMENDED ACTION:
h :\judy \Tobacco amendments 2010
CITY OF SHAKOPEE
Memorandum
Offer Ordinance No. 841, Fourth Series, An Ordinance of the City of Shakopee, Minnesota,
Amending Section 6.23 of the City Code Relating to Tobacco, Tobacco Products, and Tobacco
Related Devices, and move its adoption.
ORDINANCE NO. 841, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
SECTION 6.23 OF THE CITY CODE RELATING TO TOBACCO, TOBACCO
PRODUCTS, AND TOBACCO RELATED DEVICES
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 6, Section 6.23, Subdivision 1, is amended to read as follows:
Subd. 1. Purpose. The City recognizes that many persons under the age of eighteen (18)
years purchase or otherwise obtain, possess, and use tobacco, tobacco products and
tobacco related devices, and such sales, possession, and use are violations of both state
and federal laws. Studies have shown that most smokers begin smoking before they have
reached the age of eighteen (18) years and that those persons who reach the age of
eighteen (18) years without having started smoking are significantly less likely to begin
smoking. Smoking has been shown to be the cause of several serious health problems
that place a financial burden on all levels of government. This Section is intended to
regulate the sale, possession and use of tobacco, tobacco products and tobacco related
devices for the purpose of enforcing and furthering existing laws, to protect minors against
the serious effects associated with the use of tobacco, tobacco products and tobacco
related devices devises, and to further the official public policy of Minnesota in regard to
preventing young people from starting to smoke, as stated in Minnesota Statutes, Section
144.391.
Section 2. City Code Chapter 6, Section 6.23, Subdivision 2, Paragraphs A and B, are amended
to read as follows:
A. Tobacco or Tobacco Products. "Tobacco" or "tobacco products" means
cigarettes and any product containing, made, or derived from tobacco that is
intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed. or ingested by any other means, or any
component, part, or accessory of a tobacco product; cigars; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking
tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other
chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of
tobacco; and other kinds and forms of tobacco. The term "tobacco" excludes any
tobacco product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as a tobacco dependence
product, or for other medical purposes. and is being marketed and sold solely for
such an approved purpose.
•- - - e. - " -e
to be suitable for chewing, sniffing, or smoking.
376717v4 MJM SH155 -23 1
s; cigars; pipe tobacco; snuff; fine cut or other
chewing tobacco; cheroots; stogies; perique; granulate
twist tobasso i pping tobaccos; refuse scraps, clippings, cuttings, and sweepings
B. Tobacco Related Devices. "Tobacco related devices" means cigarette papers
or pipes for smoking.
rolling papers, or other devices intentionally designe .
manner that enables the chewing, sniffing, or s
predasts.
Section 3. City Code Chapter 6, Section 6.23, Subdivision 7, is amended to read as follows:
Subd. 7. Self- Service Merchandising. It shall be unlawful for a licensee to allow the sale
of tobacco, tobacco products or tobacco related devices through self - service
merchandising. All tobacco, tobacco products and tobacco related devices shall either be
stored behind a counter or other area not freely accessible to customers without the
intervention of a store employee. This subdivision shall not apply to retail stores that derive
at least 90% of their revenue from tobacco, tobacco products or tobacco related devices
and where the retailer ensures that no person younger than eighteen (18) years of age is
present, or permitted to enter, at any time. red at any time by personc
Section 4. City Code Chapter 6, Section 6.23, Subdivision 10, Paragraph C, is amended to read
as follows:
C. Use. For any minor to smoke, chew, sniff, or otherwise use or ingest any tobacco,
tobacco product or tobacco related device;
Section 5. City Code Chapter 6, Section 6.23, Subdivision 12, Paragraph A, is amended to read
as follows:
A. Licensees. Any licensee who furnishes, sells or attempts to sell tobacco, tobacco
products or tobacco related devices to a minor or whose employee furnishes, sells
or attempts to sell tobacco, tobacco products or tobacco related devices to a minor
shall be penalized as follows:
aFirst Incident
ii Second Incident
Within 36 Months of
First Incident
(iii) Third or Subsequent
Incident Within 36 Months of revocation
First Incident
$500 fine + 1 day license suspension,
provided, however, that the 1 day license
suspension will be suspended for one (1) year
on the condition that both the licensee and his
employees have no further incidents of
furnishing, selling or attempting to sell
tobacco, tobacco products or tobacco related
devices to a minor
$750 fine + 5 day license suspension
$1,000 fine + 30 day license suspension or
The penalty for a first or second incident shall may be imposed and administered
by the City Administrator if the licensee waives the hearing authorized by
Subdivision 11 of this Section and the licensee admits the violation. upon an
tobacco, tobacco products or tobacco related devices to- a- miner. The penalties for
a third or subsequent incident may only be imposed by the City Council. No
suspension or penalty may take effect until the licensee has received notice of
the alleged violation and an opportunity for a hearing as provided in Subdivision
11 of this Section.
Any revoked license shall not be eligible for reinstatement for at least twelve (12)
months.
376717v4 MJM SH155 -23 2
Section 6. City Code Chapter 6, Section 6.23, Subdivision 13, is amended as follows:
A. Except as otherwise provided in Paragraph F of this Subdivision it shall be a
misdemeanor for anyone to sell tobacco, tobacco products or tobacco - related
devices to a minor. Whoever violates this Paragraph a subsequent time within five
years of a previous conviction under this Paragraph shall be guilty of It shall be a
gross misdemeanor
related devices.
A AA
B. Except as otherwise provided in Paragraph F of this Subdivision, ittt shall be a
misdemeanor for anyone to furnish tobacco, tobacco products or tobacco - related
devices to a minor.
C. It shall be a petty misdemeanor for a minor to smoke, chew, sniff or otherwise use or ingest
tobacco, tobacco products or tobacco - related devices.
D. It shall be a petty misdemeanor for a minor to have in minor's possession tobacco, tobacco
products or tobacco - related devices. This provision does not apply to a minor who is an
employee of a license holder while stocking tobacco, tobacco products or tobacco - related
devices or to a minor lawfully involved in a compliance check.
E. It shall be a petty misdemeanor for a minor to purchase, or attempt to purchase tobacco,
tobacco products or tobacco - related devices, or for any person to purchase or otherwise
obtain such items on behalf of a minor. This provision does not apply to a minor who
purchases or attempts to purchase tobacco - related products while under the direct
supervision of a responsible adult for training, education, research, or enforcement
purposes.
F. It shall be a petty misdemeanor for a minor to sell, furnish, or give away any tobacco,
tobacco products or tobacco - related devices.
G. It shall be a petty misdemeanor for a minor to attempt to disguise minor's true age
by the use of a false form of identification, whether the identification is that of any
other person or one on which the age of the minor has been modified or tampered
with to represent an age older than the actual age of the minor.
Section 7. — Summary Approved. The City council hereby determines that the text of the
summary ordinance marked "Official Summary of Ordinance ", a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The Council further determines that
publication of the title and such summary will clearly inform the public of the intent and effect of the
ordinance.
Section 8. — Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and
a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for
inspection by any person during regular office hours.
Section 9. — The City Clerk shall publish the title of this ordinance and the official summary in the
official newspaper with notice that the printed copy of the ordinance is available for inspection by any
person during regular office hours at the office of the City Clerk and Shakopee Library.
Section 10 - Effective Date. This ordinance becomes effective from and after its passage and
publication.
376717v4 MJM SH155 -23 3
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of December, 2010.
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2010.
(New language is indicated by underlining and deleted language is indicated by a r
stikn- fig .)
376717v4 MJM SH155 -23 4
John J. Schmitt, Mayor
The following is the official summary of Ordinance No. 841, Fourth Series,
Approved by the City Council of the City of Shakopee, Minnesota on December 20, 2010
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
SECTION 6.23 OF THE CITY CODE RELATING TO TOBACCO, TOBACCO
PRODUCTS, AND TOBACCO RELATED DEVICES
1. The Ordinance corrects a typographical error in the purpose statement.
2. The Ordinance expands the definition of "tobacco" or "tobacco products" to include those
products that are absorbed, dissolved, inhaled, snorted, or ingested by any other means. The
amended definition excludes tobacco products approved by the U.S. Food and Drug
Administration for tobacco cessation, tobacco dependence, or other medical purposes.
3. The Ordinance amends the definition of "tobacco related devices" to mean cigarette papers or
pipes for smoking as the term "tobacco related devices" is defined in state law.
4. The Ordinance amends the regulations relating to self- service merchandising and minors. The
previous language provided an exception to the self- service merchandising regulations for retail
stores that could not be entered at any time by a minor unless accompanied by a parent. The
amended language requires that the retailer ensure that no minors are present or permitted to
enter the retail store at any time.
5. The Ordinance expands the violations of these tobacco regulations to include a prohibition on a
minor's ingestion of any tobacco product or tobacco related device.
6. The Ordinance clarifies the hearing and citation process for any licensee who furnishes, sells or
attempts to sell tobacco, tobacco products or tobacco related devices to a minor or whose
employee furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related devices
to a minor.
7. The Ordinance clarifies the penalties for violations of these tobacco regulations such as they are
set forth in state law.
A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and
at the Shakopee Library.
377271v1 MJM SH155-23
Official Summary of Ordinance No. 841
ORDINANCE NO. 841, FOURTH SERIES
§6.22
/ \/T T1 C0 (�c
Subd. 21. Receipts. The driver of any taxicab shall upon demand by the passenger render a
receipt for the amount charged on which shall be the name of the owner, the license or motor
number, the amount of the meter reading or charges, and the date of the transaction.
Subd. 22. Refusal to Pay Legal Fare. It is unlawful for any person to refuse to pay the legal fare
of any of the vehicles mentioned in this Section after having hired the same, and it is unlawful for
any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired
of the value of such service.
Subd. 23. Receipt and Discharge of Passengers. Drivers of taxicabs shall not receive or
discharge passengers in the roadway, but shall pull up to the right -hand sidewalk as nearly as
possible or in the absence of a sidewalk to the extreme right - hand side of the road and there
receive or discharge passengers. On one (1) -way streets, passengers may be received or
discharged at either the right or left-hand sidewalk or on the side of the roadway in the absence of a
sidewalk. In addition, persons may be received or discharged on private property.
Subd. 24. Number of Passengers. No more than two (2) persons in addition to the driver shall be
carried in the front seat of any taxicab; and no more than a total number of seven (7) passengers,
excluding the driver, shall be carried in any taxicab.
Subd. 25. Refusal to Carry Passengers. No driver shall refuse or neglect to convey any orderly
person or persons upon request, unless previously engaged or unable or forbidden by the
provisions of this Section to do so.
Subd. 26. Manifests. Every driver shall maintain a daily manifest upon which are recorded all trips
made each day showing the time and place of origin, the destination of each trip, and the amount of
fare. All completed manifests shall be returned to the owner by the driver at the conclusion of the
driver's tour of duty. All manifests shall be available to the City Clerk and the Police Department.
Every holder of a license shall retain and preserve all drivers' manifests in a safe place for at least
the calendar year next preceding the current calendar year. (Ord. 147, June 14, 1984; Ord. 199,
July 10, 1986; Ord. 337, July 23, 1992)
SEC. 6.23. TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES.
(Repealed, Ord. 519, Added, Ord. 519, July 2, 1998)
Subd. 1. Purpose. The City recognizes that many persons under the age of eighteen (18) years
purchase or otherwise obtain, possess, and use tobacco, tobacco products and tobacco related
devices, and such sales, possession, and use are violations of both state and federal laws. Studies
have shown that most smokers begin smoking before they have reached the age of eighteen (18)
years and that those persons who reach the age of eighteen (18) years without having started
smoking are significantly less likely to begin smoking. Smoking has been shown to be the cause of
several serious health problems that place a financial burden on all levels of government. This
Section is intended to regulate the sale, possession and use of tobacco, tobacco products and
tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors
against the serious effects associated with the use of tobacco, tobacco products and tobacco
related devises, and to further the official public policy of Minnesota in regard to preventing young
people from starting to smoke, as stated in Minnesota Statutes, Section 144.391.
Subd. 2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied
by context, all terms shall be given their commonly accepted definitions. The following terms shall
have the definitions given to them:
616
page revised in 2009
§6.23
A. Tobacco or Tobacco Products. "Tobacco" or "tobacco products" means any
substance or item containing tobacco leaf, including but not limited to, cigarettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco;
snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse
scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or
smoking.
B. Tobacco Related Devices. "Tobacco related devices" means any product or
device, including but not limited to, pipes, rolling papers, or other devices
intentionally designed or intended to be used in a manner that enables the
chewing, sniffing, or smoking of tobacco or tobacco products.
C. Self- Service Merchandising. "Self- service merchandising" means open displays
of tobacco, tobacco products or tobacco related devices in any manner in which
any person may 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 must entail the actual physical exchange
of the tobacco, tobacco product or tobacco related device between the customer
and the licensee or employee. Self- service merchandising does not include
vending machines.
D. Vending Machine. "Vending machine" means any mechanical, electric or
electronic, or other type of device that dispenses tobacco, tobacco products or
tobacco related devices upon the insertion of money, tokens or other form of
payment directly into the machine and includes any such device equipped with
mechanical, electric or electronic locking devices.
E. Individually Packaged. "Individually packaged" means the practice of selling any
tobacco or tobacco product wrapped individually for sale. Individually wrapped
tobacco and tobacco products shall include, but not be limited to, single cigarette
packs, multi - packs, single bags or cans of loose tobacco in any form, and single
cans or other packaging of snuff or chewing tobacco. Cartons or other packaging
containing more than a single pack or other container as described in this
subdivision shall not be considered individually packaged.
F. Loosies. "Loosies" means a single or individually packaged cigarette.
G. Minor. "Minor" means any natural person who has not yet reached the age of
eighteen (18) years.
H. Retail Establishment. "Retail establishment" means any place of business in
which tobacco, tobacco products or tobacco related devices are available for sale
to the general public, including but not be limited to, grocery stores, convenience
stores, gas stations and restaurants.
Moveable Place of Business. "Moveable place of business" means any business
operated out of a truck, van, automobile, cart or other vehicle or transportable
shelter and not at a fixed address, store front or other permanent structure
authorized for sales transactions.
page revised in 2009
617
§6.23
J. Sale. A "sale" means any transfer of goods for money, trade, barter or other
consideration.
K. Compliance Checks. "Compliance checks" means the system used by the City or
any other jurisdiction to investigate and ensure that those licensed to sell tobacco,
tobacco products and tobacco related devices are complying with the requirements
of this Section or any state or federal law or regulation. Compliance checks shall
involve the use of minors as authorized by this Section or state law. Compliance
checks shall also mean the use of minors who attempt to purchase tobacco,
tobacco products or tobacco related devices for educational, research and training
purposes as authorized by state or federal law.
Subd. 3. License. No person may sell or offer to sell any tobacco, tobacco products, or tobacco
related devices without first having obtained a license to do so from the City in compliance with this
Section.
618
A. Application. An application for a license to sell tobacco, tobacco products or
tobacco related devices 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 business addresses and telephone numbers, the name of the business for
which the license is sought, and any additional information the City deems
necessary. Upon receipt of a completed application, the City Clerk shall forward
the application to the City Council. If the City Clerk determines that an application is
incomplete, the Clerk shall return the application to the applicant with notice of the
information necessary to make the application complete.
B. Action. The City Council may either approve or deny the license, or it may delay
action for such reasonable period of time as may be necessary to complete any
investigation of the application or the applicant. If the City Council approves the
license, the City Clerk shall issue the license to the applicant. If the City Council
denies the license, notice of the denial shall be given to the applicant along with
notice of the applicant's right to obtain judicial review of the City Council's decision.
C. Term. Each license will be issued for a period of one (1) calendar year. If the
application is made during the license year, a license may be issued for the
remainder of the licensed year on a pro rata basis. Any unexpired fraction of a
month shall be counted as a complete month. Every license expires on December
31 of the license year.
D. Revocation or Suspension. Any license issued may be revoked or suspended
as provided for in this Section.
E. Transfers. A license is valid only on the premises for which the license was
issued and only for the person to whom the license was issued. No transfer of any
license to another location or person shall be valid without the prior approval of the
City Council.
F. Moveable Place of Business. No license may be issued to a moveable place of
business. Only fixed location businesses are eligible to be licensed under this
Section.
G. Display. All licenses must be posted and displayed in plain view of the general
public on the licensed premise.
page revised in 2009
§6.23
H. Renewals. The renewal of a license issued under this Section shall be handled in
the same manner as the original application. The request for a renewal shall be
made by the licensee at least thirty (30) days but no more than sixty (60) days
before the expiration of the current license. The issuance of a license issued under
this Section shall be considered a privilege and not an absolute right of the
applicant and shall not entitle the licensee to an automatic renewal of the license.
I. Fees. No license shall be issued under this Section until the appropriate license
fee has been paid in full.
J. Instructional Program. No person shall be issued a license or renewal license to
sell tobacco, tobacco products or tobacco - related devices unless an applicant or
license holder has an approved program for instructing all employees regarding the
legal requirements pertaining to the sale of tobacco, tobacco products or tobacco -
related devices at the business premises for which the license was issued. The
instructional program shall include, but is not limited to, reviewing the law on the
sale of tobacco - related products and the law regarding the requirement of
purchasers to establish proof of age. No license shall be issued unless the
applicant or license holder signs a form attesting that each employee of the
applicant or license holder has received training and instruction on the sale of
tobacco, tobacco products or tobacco - related devices and the date such training
occurred. The training shall include information that the sale of such products to
minors is illegal, explanation of what proof of age is legally acceptable, and that a
sale to a minor can subject the applicant or license holder and their employees to
criminal and civil liability. (Ord. 527, September 24, 1998)
K. Sale by Minors. No minor may furnish, sell or attempt to sell tobacco, tobacco
products or tobacco related devices unless written consent has been obtained from
the minor's parents. Such written consent must include a statement of the potential
penalties that can be imposed under this Section.
L. Proof of Age. Any sale of tobacco, tobacco products or tobacco related devices
shall not take place unless the licensee requires any purchaser who appears to be
under the age of twenty -seven (27) to establish proof of age by one (1) of the
methods established by state law for the purchase of alcoholic beverages. (Ord.
527, September 24, 1998)
Subd. 4. Basis for Denial of License. If a license is mistakenly issued or renewed to a person, it
may be revoked upon the discovery that the person was ineligible for the license under this Section.
The following shall be grounds for denying the issuance or renewal of a license under this Section:
A. The applicant is under the age of eighteen (18) years;
B. The applicant has been convicted within the past five (5) years of any violation of a
federal, state, or local law, or other regulation relating to tobacco, tobacco products
or tobacco related devices;
C. The applicant has had a license to sell tobacco, tobacco products or tobacco
related devices revoked within the twelve (12) months preceding the date of
application;
D. The applicant fails to provide any information required on the application or
provides false or misleading information;
page revised in 2009
619
§6.23
E. The applicant has outstanding fines, penalties, fees or taxes owed to the City,
Shakopee Public Utilities Commission, County or State; or
F. The applicant is prohibited by federal, state, or local law or other regulation from
holding a license.
Subd. 5. Prohibited Sales. It shall be a violation of this Section for any person to furnish, sell or
offer to sell tobacco, tobacco products or tobacco related devices as follows:
A. To any minor;
B. By means of a vending machine;
C. By means of self - service merchandising;
D. By means of loosies;
620
E. Containing opium, morphine, kimson weed, belladonna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances
except nicotine and other substances found naturally in tobacco or added as part
of an otherwise lawful manufacturing process; or
F. By any other means, to any other person, or in any other manner or form prohibited
by federal, state, or local law, or other regulation.
Subd. 6. Vending Machines. It shall be unlawful for a licensee to allow the sale of tobacco,
tobacco products or tobacco related devices by the means of a vending machine.
Subd. 7. Self Service Merchandising. It shall be unlawful for a licensee to allow the sale of
tobacco, tobacco products or tobacco related devices through self - service merchandising. All
tobacco, tobacco products and tobacco related devices shall either be stored behind a counter or
other area not freely accessible to customers without the intervention of a store employee. This
subdivision shall not apply to retail stores that derive at least 90% of their revenue from tobacco,
tobacco products or tobacco related devices and which cannot be entered at any time by persons
younger than eighteen (18) years of age unless accompanied by a parent. (Ord. 542, March 25,
1999)
Subd. 8. Responsibility. All licensees shall be responsible for the actions of their employees in
regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed
premises. The sale of any such item by an employee shall be considered a sale by the license
holder and shall subject the license holder to the penalties set forth in this Section. Nothing in this
Section shall be construed as prohibiting the ,City Council from also subjecting the employee to
appropriate penalties under this code, state or federal law, or other applicable law or regulation.
Subd. 9. Compliance Checks and Inspections. 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 once per year, the City shall conduct compliance checks by engaging
minors over the age of fifteen (15) years to enter the licensed premise to attempt to purchase
tobacco, tobacco products or tobacco related devices. Minors used for the purpose of compliance
checks must have the written consent of their parents or guardians and shall be supervised by City
designated law enforcement officers or other designated City personnel. Minors used for
compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or
tobacco related devices when such items are obtained as a part of the compliance check. No minor
engaged in a compliance check shall use or attempt to use false identification to misrepresent the
page revised in 2009
§6.23
minor's age. Minors engaged in a compliance check shall answer truthfully all questions about the
minor's age asked by the licensee or licensee's employee and shall produce any identification, if
any exists, for which minor is asked. Nothing in this Section shall prohibit compliance checks
authorized by state or federal laws for educational, research, or training purposes, or required for
the enforcement of a particular state or federal law.
Subd. 10. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of
this Section:
A. Sales. For any person to sell or attempt to sell or furnish any tobacco, tobacco
product or tobacco related device to any minor;
B. Possession. For any minor to have in minor's possession any tobacco, tobacco
product or tobacco related device, excluding any minor lawfully involved in a
compliance check;
c. Use. For any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco
product or tobacco related device;
D. Procurement. For any minor to purchase or attempt to purchase or otherwise
obtain any tobacco, tobacco product or tobacco related device; for any person to
purchase or otherwise obtain any such item on behalf of a minor; or for any person
to coerce or attempt to coerce a minor to purchase or otherwise obtain or use any
tobacco, tobacco product, or tobacco related device in a manner contrary to law,
excluding any minor lawfully involved in a compliance check; and
E. Use of False Identification. For any minor to attempt to disguise minor's true age
by the use of a false form of identification, whether the identification is that of
another person or one on which the age of the person has been modified or
tampered with to represent an age older than the actual age of the person.
Subd. 11. Violations.
A. Notice. The City shall issue a notice of violation to any licensee or individual
suspected of violating any provision of this Section. The notice of violation shall be
served personally or by mail. The notice shall contain the alleged violation and a
statement concerning the right to a hearing.
B. Hearing. If a person accused of violating this Section so requests, a hearing shall
be scheduled before a hearing officer at a time and place which shall be published
and provided to the accused violator.
C. Hearing Officer. The City Council shall serve as the hearing officer in any hearing
requested under this Section.
D. Decision. Following the hearing, if the City Council determines by a
preponderance of the evidence that a violation of this Section occurred, that
decision, along with the City Council's reasons for finding a violation and the
administrative penalty to be imposed under Subdivision 12 of this Section, shall be
recorded in writing, a copy of which shall be provided to the violator. If the City
Council finds that no violation occurred, such finding shall be recorded and a copy
provided to the licensee.
page revised in 2009
621
§6.23
622
E. Judicial Review. Any final decision by the City Council under this Section may be
reviewed in the manner and procedure authorized by state law.
F. Continued Violation. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
G. Prosecution. Nothing in this Section shall prohibit the City from seeking
prosecution for any alleged violation.
Subd. 12. Administrative Penalties.
A. Licensees. Any licensee who furnishes, sells or attempts to sell tobacco, tobacco
products or tobacco related devices to a minor or whose employee furnishes, sells
or attempts to sell tobacco, tobacco products or tobacco related devices to a minor
shall be penalized as follows:
( First Incident $20 fine +,2/day license suspension
)D
page revised in 2009
Subd. 13. Criminal Penalties.
S econd Incident Within 36 Months
o f First Incident
Third or Subsequent Incident
Within 36 Months of First
Incident
$ fine + 5 day license suspension
$1,000 fine + 30 day license suspension
Or revocation
The penalty for a first or second incident shall be imposed and administered by the
City Administrator upon an admission by the licensee that the licensee furnished,
sold, or attempted to sell tobacco, tobacco products or tobacco related devices to a
minor. The penalties for a third or subsequent incident may only be imposed by
the City Council.
Any revoked license shall not be eligible for reinstatement for at least twelve (12)
months. (Amended, Ord. 633, July 18, 2002)
B. Other Individuals. Any individual who sells tobacco, tobacco products or tobacco
related devices to a minor shall be charged an administrative penalty of $50.00,
subject to the right to a hearing before the City Council as provided in Subdivision
11 of this Section. Nothing in this Section shall prohibit the City or other jurisdiction
from seeking criminal prosecution for any alleged violation of this Section by any
individual other than a licensee or employee of a licensee.
A. It shall be a gross misdemeanor for anyone to sell tobacco, tobacco products or
tobacco - related devices to a minor.
B. It shall be a misdemeanor for anyone to furnish tobacco, tobacco products or
tobacco - related devices to a minor.
C. It shall be a petty misdemeanor for a minor to smoke, chew, sniff or otherwise use
tobacco, tobacco products or tobacco - related devices.
D. It shall be a petty misdemeanor for a minor to have in minor's possession tobacco,
tobacco products or tobacco - related devices. This provision does not apply to a
minor who is an employee of a license holder while stocking tobacco, tobacco
products or tobacco - related devices or to a minor lawfully involved in a compliance
check.
E. It shall be a petty misdemeanor for a minor to purchase, or attempt to purchase
tobacco, tobacco products or tobacco - related devices, or for any person to
purchase or otherwise obtain such items on behalf of a minor. This provision does
not apply to a minor who purchases or attempts to purchase tobacco - related
products while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.
F. It shall be a petty misdemeanor for a minor to sell, furnish, or give away any
tobacco, tobacco products or tobacco - related devices.
G. It shall be a petty misdemeanor for a minor to attempt to disguise minor's true age
by the use of a false form of identification, whether the identification is that of any
other person or one on which the age of the minor has been modified or tampered
with to represent an age older than the actual age of the minor.
Subd. 14. Exceptions and Defenses. Nothing in this Section shall prevent the providing of
tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized
religious, spiritual, or cultural ceremony. It shall be an affirmative defense to a charge of violating
this Section that the licensee or an employee of the licensee relied in good faith on proof of age in
the manner required by state law for the purchase of alcoholic beverages.
Subd. 15. Amendment. The City Clerk shall make reasonable efforts to send the Scott County
Community Health Services and all tobacco retailers thirty (30) days' mailed notice of the City's
intention to consider a substantial amendment to this Section. (Ord. 527, September 24, 1998; Ord.
542, March 25, 1999)
SEC. 6.24. FAIRS, CARNIVALS, CIRCUSES, SHOWS AND SIMILAR ENTERPRISES.
§6.23
Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings
stated:
A. "Fair" - A festival where there is entertainment and things are exhibited and sold.
B. "Carnival Circus" - A traveling commercial entertainment with sideshows, rides
and games.
C. "Show" - A presentation of entertainment, theatricals, concerts, displays and
exhibitions.
D. "Amusement Devices" - Any equipment or piece of equipment, appliance or
combination thereof designed or intended to entertain or amuse the public at an
event covered by this Section.
E. "Amusement Ride" - Any mechanized device or combination of devices which
carry passengers along the ground or over a fixed or restricted course for the
purpose of giving its passengers amusement, pleasure, thrills or excitement at an
event covered by this Section.
page revised in 2009
623