HomeMy WebLinkAboutOrd. 227 - Tobacco Sales
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 227
An Ordinance repealing Ordinance No. 45 adopted April 17, 1979 and Ordinance No.
45A adopted February 18, 1986.
AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF
TOBACCO-RELATED PRODUCTS AND PROVIDING PENALTIES FOR
VIOLATION THEREOF IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
~ion 1.
Definitions. .
The following words and terms when used in this ordinance shall have the following
meanings unless the context clearly indicates otherwise.
Movable Place QlBusiness - a business whose physical location is not permanent or is
capable of being moved or changed,.
P ?r@l1 - shall include naturaL persons;pC'.rtnerships; firms"
corporatioIlSand assoc.iations.
Tobacco Related Products - means cigarettes; cigars; cheroots; stogies; perique,
granulated, plug-cut, ready, rubbed and other smoking
tobacco; snuff, snuff flowers, cavendish, plug and twist
tobacco; fine cut and other chewing tobacco; shorts, refuse,
scripts, 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.
Section 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 at any piace in the City, without first
obtaining a license from the City.
Section 3.
Application and Issuance.
Application for a license shall be made to the City Clerk on a form supplied by the City.
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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.
Section 4.
License Fee.
The fee for every such license shall be in the amount as established by City Council
resolution. Licenses shall be valid for one (1) year and shall expire on December 31.
Licenses shall not be transferable from one person to another.
Section 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 person upon request.
Section 6.
Regulations.
The following regulations shall apply to the 3ale of tobacco related products:
3)
4)
5)
Section 7.
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 at any place other than the licensee's established place of
business.
No license shall be issued for the sale of tobacco related products at a.
movable place of business.
No person shall sell or give away any tobacco related products
to any person below the age as required by Minnesota Statute.
No tobacco related products may be sold outside the location or area
covered by the license.
Prohibited Sales.
No person shall sell or give away any tobacco related product to any person below the
age of eighteen (18) years. No person shall sell, dispense, or give away any tobacco
related product through the use of a vending machine or similar automated dispensing
device. No person shall sell, dispense or give away any tobacco related product through
self-service merchandising, except via:
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a) Display racks which are:
1) equipped with shields that allow removing a single carton or pack
of tobacco product while activating a clearly audible alarm or
chime, and
2) in the immediate vicinity and plain view of a responsible
employee.
b)
Humidors used for individual cigar sales at licensed off-sale liquor
establishments and at establishments where at least 75% of
products for sale are tobacco related products.
Section 8.
Revocation.
Upon finding that a licensee of any license granted pursuant to this ordinance has failed
to comply with any applicable Statutes, regulation or ordinance relating to the sale or use
of tobacco related products, 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 ordinance.
Section S.
Penal~
Any person who shall violate any provision of this ordinance shall be guilty of a
misdemeanor and shall be punished as defined by State law.
Adopted by the City Council of the City of Andover on this 5th day of August, 1997.
ATTEST:
CITY OF ANDOVER
t.
i.x~ dLv.
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 227 A
AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF
TOBACCO-RELATED PRODUCTS AND PROVIDING PENALTIES FOR
VIOLATION THEREOF IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 7.
Prohibited Sales.
No person shall sell or give away any tobacco related product to any person below the'
age of eighteen_OS) vears. No person shall sell. dispense. or give away any tobacco
related product through the use of a vending machine or similar automated dispensing
device. This Section does not apply to yending machines in facilities that cannot be
entered at anv time by persons younger than eighteen (18) years of age. No person shall
sell. dispense or give away any tobacco related product through self-service
merchandising. except via:
Section 8.
a) Display racks which are:
1) equipped witb. shields that allow removing a single carton or pack
oftobacco product while activating a clearly audible alarm or
chime. and
2) in the immediate vicinity and Plain view of a responsible
employee.
b)
Humidors used for individual cigar sales at licensed off-sale liquor
establishments and at establishments where at least 75% of
products for sale arc tobacco related products.
Administrative Penalties.
a)
If a licensee or emplovee of a licensee sells tobacco to a person under the
age of IS vears. or violates any other provision of this ordinance. the
licensee shall be charged an administrative penalty of$75. An
administrative penalty of $200 must be imposed for a second violation at
the same location within 24 months after the initial violation. For a third
violation at the same location within 24 months after the initial violation.
an administrative penalty of$250 must be imposed. and the licensee's
authority to sell tobacco at that location must be suspended for not less
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Section 9.
than seven davs. No suspension or penalty mav take effect until the
licensee has received notice. served personallv or by mail. of the alleged
violation and an opportunity for a hearing before a person authorized by
the City to conduct the hearing.
b) An individual who sells tobacco to a person under the age of 18 vears
must be charged an administrative penalty of $50. 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 bv the City to conduct the hearing.
c) It is an affirmative defense to the charge of selling tobacco to a person
under the age of 18 years in violation of this ordinance 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 Cfu"'1ada>-and including
the photograph and date of birth of the licensed person; or
2) A valid military identification card issucd bv the Uni!ed States
Department of Defense: or
3) In the case of a forei gn p.ational, from a nation other than Canada;
by a valid passport.
Self-Service Sales.
d)
a)
No licensee shall offer for sale single packages of cigarettes or
smokeless tobacco in open displays which are accessible to the public
without the intervention of a store employee.
b)
Cartons and other multi pack units may be offered and sold through open
displavs accessible to the public.
c)
Section 4(B) of this ordinance will expire upon the effective date and
implementation of Code of Federal Regulations. Title 2 L Part 897.16( c ).
The self-service restrictions described in this Section 4 shall not applv to
retail stores which derive at least 90% of their revenue from tobacco and
tobacco-related products and which cannot be entered at anv time by
persons vounger than 18 years of age.
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Section 10. Compliance Checks.
The City shall conduct unannounced compliance checks at least once each calendar vear
at each location where tobacco is sold to test compliance with Minnesota Statutes Section
609.685. Compliance checks shall utilize minors over the age of 15. but under the age of
18. who. with the prior written consent of a parent or guardian. attempt to purchase
tobacco under the direct sU\Jervision of a law enforcement officer or an emplovee of the
licensing authority.
Adopted by the City Council of the City of Andover on this 7th day of October, 1997.
ATTEST:
CITY OF ANDOVER
~ i/dV
o f )JJf/~J
utRMcKelvey, M:.yq;--
Victoria V olk, City Clerk
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