HomeMy WebLinkAboutOrd. 445 - Sale of Tobacco AmendmentCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 445
AN ORDINANCE AMENDMENT TO CITY CODE 3 -2 SALE OF TOBACCO
RELATED PRODUCTS
SECTION:
3 -2 -1:
Definitions
3 -2 -2:
License Required
3 -2 -3:
Application For License; Issuance
3 -2 -4:
License Fee; Expiration and Non - transferability Of License
3 -2 -5:
Display of License
3 -2 -6:
Conditions Of License; Prohibited Sales
3 -2 -7:
Self- Service Sales
3 -2 -8:
Compliance Checks
3 -2 -9:
Suspension Or Revocation Of License
3 -2 -10:
Administrative Penalties
3 -2 -11:
Misdemeanor Violation; Penalty
3 -2 -1: DEFINITIONS: The following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly indicates otherwise:
ELECTRONIC DELIVERY
DEVICE:
Any product containing or delivering nicotine, lobelia,
or any other substance intended for human
consumption that can be used by a person to simulate
smoking in the delivery of nicotine or any other
substance through inhalation of vapor from the
product. Electronic delivery device includes any
component part of a product, whether or not marketed
or sold separately. Electronic delivery device does not
include any product that has been approved or
certified 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 marketed and sold for
such an approved purpose.
MOVEABLE PLACE
OF BUSINESS: A business whose physical location is not
permanent or is capable of being moved or
changed.
PERSON: Shall include natural persons, partnerships, firms,
corporations and associations.
TOBACCO RELATED
PRODUCTS: Cigarettes; 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
tobacco; shorts, refuse scraps, clippings, cuttings,
and sweepings of tobacco prepared in such a manner
as to be suitable for chewing, sniffing or smoking in a
pipe; cigarette papers or pipes for smoking.
(Amended Ord. 227, 8 -5 -1997)
3 -2 -2: LICENSE REQUIRED: No person shall directly or indirectly keep for retail
sale, sell at retail, dispense, or give away in a retail setting any tobacco related
product or electronic delivery device at any place in the city without first obtaining
a license from the city. (Amended Ord. 227, 8 -5 -1997)
3 -2 -3: APPLICATION FOR LICENSE; ISSUANCE: Application for a
license shall be made to the City Clerk on a form supplied by the city. The
application shall state the full name and address of the applicant, the location of
the building and the part to be used by the applicant under license, the kind of
business conducted at such location, and other information as shall be required
as stated in the application form or by the City Clerk. The completed application
shall be presented to the City Council for its consideration and, if granted, shall
be issued by the City Clerk upon payment of the required fee. (Amended Ord.
227, 8 -5 -1997)
3 -2 -4: LICENSE FEE; EXPIRATION AND NONTRANSFERABILITY
OF LICENSE: The fee for every such license shall be in the
amount as set forth by ordinance'. Licenses shall be valid for one year and shall
expire on December 31. Licenses shall not be transferable from one person to
another. (Amended Ord. 227, 8 -5 -1997; amd. 2003 Code)
3 -2 -5: DISPLAY OF LICENSE: Every license shall be kept conspicuously
posted at the location for which the license is issued and shall be exhibited to any
See subsection 1 -7 -3A of this code.
person upon request. (Amended Ord. 227, 8 -5 -1997)
3 -2 -6: CONDITIONS OF LICENSE; PROHIBITED SALES:
A. Regulations: The following regulations shall apply to the sale of tobacco
related products or electronic delivery device:
1. No license shall be issued to a person not of good moral character.
2. No license shall be issued to an applicant for sale of tobacco related
products or electronic delivery device at any place other than the
licensee's established place of business.
3. No license shall be issued for the sale of tobacco related products or
electronic delivery device at a moveable place of business.
4. No person shall sell or give away any tobacco related products or
electronic delivery device to any person below the age as required by
Minnesota statutes.
5. No tobacco related products or electronic delivery device may be sold
outside the location or area covered by the license.
B. Vending Machines: No person shall sell, dispense, or give away any
tobacco related product or electronic delivery device through the use of a
vending machine or similar automated dispensing device. This subsection
does not apply to vending machines in facilities that cannot be entered at
any time by persons younger than eighteen (18) years of age. (Amended
Ord. 227, 8 -5 -1997; amd. 2003 Code)
3 -2 -7: SELF - SERVICE SALES:
A. 1. Except in adult only facilities, no licensee shall offer for sale single
packages of cigarettes or smokeless tobacco in open displays that are
accessible to the public without the intervention of a store employee.
(Amended Ord. 227, 8 -5 -1997; amd. 2003 Code)
2. The self - service restriction described in this subsection shall not apply
to retail stores that derive at least ninety percent (90 %) of their revenue
from tobacco and tobacco related products or electronic delivery device
and which cannot be entered at any time by persons younger than
eighteen (18) years of age.
B. No person shall sell, dispense or give away any tobacco related
product or electronic delivery device through self - service
merchandising, except via:
1. Display racks which are:
a. Equipped with shields that allow removing a single carton or pack of
tobacco product or electronic delivery device while activating a clearly
audible alarm or chime; and
b. In the immediate vicinity and plain view of a responsible employee.
2. Humidors used for individual cigar sales at licensed off -sale liquor
establishments and at establishments where at least seventy five percent
(75 %) of products for sale are tobacco related products or electronic
delivery device. (Amended Ord. 227, 8 -5 -1997)
3 -2 -8: COMPLIANCE CHECKS: The city shall conduct unannounced
compliance checks at least once each calendar year at each location where
tobacco or electronic delivery device is sold to test compliance with Minnesota
Statutes Section 609.685. Compliance checks shall utilize minors over the age of
fifteen (15), but under the age of eighteen (18), who, with the prior written
consent of a parent or guardian, attempt to purchase tobacco or electronic
delivery device under the direct supervision of a law enforcement officer or an
employee of the city. (Amended Ord. 227, 8 -5 -1997; amd. 2003 Code)
3 -2 -9: SUSPENSION OR REVOCATION OF LICENSE: Upon finding that
a licensee of any license granted pursuant to this chapter has failed to comply
with any applicable statutes, regulation or ordinance relating to the sale or use of
tobacco related products or electronic delivery device, the City Council may
either revoke or suspend the license. Every such license may be revoked by the
City Council for violating any of the provisions stated in this chapter. (Amended
Ord. 227, 8 -5 -1997)
3 -2 -10: ADMINISTRATIVE PENALTIES:
A. If a licensee or employee of a licensee sells tobacco or electronic delivery
device to a person under the age of eighteen (18) years, or violates any
other provision of this chapter, the licensee shall be charged an
administrative penalty of seventy -five dollars ($75.00). An administrative
penalty of two hundred dollars ($200.00) must be imposed for a second
violation at the same location within twenty -four (24) months after the
initial violation. For a third violation at the same location within twenty -four
(24) months after the initial violation, an administrative penalty of two
hundred fifty dollars ($250.00) must be imposed, and the licensee's
authority to sell tobacco or electronic delivery device at that location must
be suspended for not less than seven (7) days. No suspension or penalty
may take effect until the licensee has received notice, served personally or
by mail, of the alleged violation and an opportunity for a hearing before a
person authorized by the city to conduct the hearing. A decision that a
violation has occurred must be in writing.
B. An individual who sells tobacco or electronic delivery device to a person
under the age of eighteen (18) years must be charged an administrative
penalty of fifty dollars ($50.00). No penalty may be imposed until the
individual has received notice, served personally or by mail, of the alleged
violation and an opportunity for a hearing before a person authorized by
the city to conduct the hearing. A decision that a violation has occurred
must be in writing.
C. It is an affirmative defense to the charge of selling tobacco or
electronic delivery device to a person under the age of eighteen (18)
years in violation of this chapter that the licensee or individual making
the sale relied in good faith upon proof of age as follows:
1. A valid driver's license or identification card issued by the state of
Minnesota, another state, or a province of Canada, and including the
photograph and date of birth of the licensed person;
2. A valid military identification card issued by the United States
Department of Defense;
3. A valid passport issued by the United States; or
4. In the case of a foreign national, by a valid passport. (Amended Ord.
227, 8 -5 -1997; amd. 2003 Code)
3 -2 -11: MISDEMEANOR VIOLATION; PENALTY: Any person who shall
violate any provision of this chapter shall be guilty of a misdemeanor and shall be
punished as defined by state law. (Amended Ord. 227, 8 -5 -1997)
Adopted by the City Council of the City of Andover on this 16 °i day of December, 2014.
ATTEST: CITY OF ANDOVER
Mi helle Hartner, Deputy City Clerk /Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 445 SUMMARY
AN ORDINANCE AMENDMENT TO CITY CODE 3 -2 SALE OF TOBACCO RELATED
PRODUCTS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization - This ordinance amendment is adopted pursuant to the authorization and
policies contained in Minnesota Statute 462.
Policy - The purpose of these regulations is to protect the public health, safety and welfare by
establishing regulations and locations for businesses with tobacco licenses.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction - The provisions of this ordinance shall apply to the City of Andover.
Enforcement -The City Administrator or his/her designee shall have the authority to enforce the
provisions of this ordinance.
Interpretation - Interpretation of the provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor of the governing body. A printed copy of
this ordinance is available for inspection by any person during regular hours of the City Clerk.
Adopted by the City Council of the City of Andover on this 16`h day of December, 2014.
ATTEST: CITY OF ANDOVER
A;
Michelle Hartner, Deputy City Clerk Wchael R. Gamache, Mayor