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Home My WebLink About0811 Ord (Licensing of Tobacco Sales) I~ ~ AN ORDINANCE OF THE CITY OF STILLWATER ORDINANCE NO. 811 AN ORDINANCE AMENDING CHAPTER 41.04, LICENSING OF TOBACCO SALES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. License Required. No person shall keep tobacco or tobacco related products, as the term is defined in Minnesota Statutes Section 609.985, Subd. 1, for retail sale or sell these products at retail in the City without first obtaining a license from the City. No tobacco products shall be sold at retail except at a retail establishment. 2. Application, An application for a license to sell tobacco products at retail must submit an application to the City. The application shall state the applicant's name, business name, business address, business phone and the address of the retail establishment for which the application is made. 3. License Fee. The license fee for a license to sell tobacco products at retail shall be $250.00 effective January 1, 1996 and thereafter shall be fixed by the City Council by resolution and may be revised from time to time. 4. Term. All tobacco products licenses shall expire the last day ofthe calendar year in which the license was issued, Licenses shall not be transferable from one person to another, 5. License ApprovaL Denial and Revocation. The issuance or reissuance of a tobacco products license will be granted or denied by the City Council. Conditions may be imposed on a license to ensure compliance with all laws and to protect the health and welfare of residents of the City. A license may be denied or revoked for any of the following reasons: '. a. failure to complete the application; b. misstatements in the application; c. failure to comply with the terms of a previous license or any provision of law regulating the sale of tobacco products. 6. License Restriction, a. No person shall sell, offer for sale, give, furnish or by any means deliver any kind of tobacco product to any person under the age of 18. b. A licensee is responsible for the conduct of the licensee's employees while the employees are on the licensed premises and any sale or other disposition of - '~ . tobacco products by an employee to a person under the age of 18 shall be considered an act of the licensee, c. No licensee shall offer tobacco products for sale by self-service merchandising devices. A self-service merchandising device means an open display of tobacco products to which the public has access without the intervention of an employee of a retail establishment. 7. License Inspections. City police officers must conduct inspections of licensed retail establishments at least once each year. 8. License Violations. a. Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine of up to $700 or 90 days injail or both, In addition to the criminal penalties which may be imposed by a Court of Law, the City may revoke the license to sell tobacco products on a finding that the licensee has violated the terms of the license, this Ordinance, or any state law restricting the sale of tobacco products. 9. SAVING. This Ordinance shall be deemed to repeal any provisions of the City Code now in effect that might conflict with any of its provisions. Aside from these changes, the remainder of the City Code shall remain in full force and effect. 10. Effective Date. The Ordinance shall be in full force and effect from and after its passage and publication according to law, except that Section 6c shall not be in force and effect until January 1, 1997. Adopted by the City Council ofthe City of Stillwater this 16th day of January 1996. Ja~~/ ATTEST: rIt~ ~ Mo i Weldon, City Clerk Publish: January 22, 19.9~6 Stillwater Gazette e Affidavit of Publication STILLWATER EVENINO OAzETTE STATE OF MINNESOTA ) )... COUNTY OF WASHINGTON ) Mike Mahoney, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the n_spaper known as Stillwater Evening Gazette, and has lull knowledge of the facts which are stated below. (A) The newspaper has complied with aft of the A1quifements COIlIlitu1lng qualification as a quali- fied newspaper, as provided ~ MillMlOta Statute 331A.02, 331A.07, and other 8PDIlc;ablelaws, ~ amended. which is attached was cut from the columna of laid newapaper. and W8I prinllld and each week, for 1 IUCClIISive da~; It was fll'Sl Monday .the ??nrl clayof ,l<lnll<lrv EV~~=:ce~F~96 :l . H CITY OF $11Ll-WATER thereafter prinllld and pubIIlhed on every M 0 n day II) and ()RPlNANCE NO. 811 2 "ANO~CE AMENDING CHAPTER 2nd. clay of J a nlJa ry .10..9.6..; and printad bel4t.04,t.ICENSING OF TOBACCO SALES >'fHE CITY COUNCIL OF THECfTY OF the '- cue 8Iphabet from A II) Z, bolh inc:Iulive. wtIich II ~ 8CIcncMIedgecI.... $TILl-WATER DOES ORDAIN:, . " _nd kind of type used in the com-....... and blicatlon of the __........ ,.1,.109. ~8q!lired No person. sbIII keep .......-. PI' .....-. " . tobacco or tobacco related ptOduGI$. as bcdefghijklmnopqrallNWXyZ 7)~ ~ the tenn IS defined In M1nnesotaStatlltes c:. Ii I . / Section 609.985"SUbd. 1, tor retail $ale or BY: t-(lf;l/lff2t""1 seD these prodUctS at retaAIn the City without first obtaining a, AceNle from the TITLE: PubIiIher City. No tobacco products thane $Old at retail except at a retail e$tabII$hment. ~. ~11cati9h An appUcatiOn for a license to sell tobacco products at retail must submit an appIIoa1lon to the City. The,appllcaliOn shall Slate the appllcarlt's name, business name, '/)Us/ness addre$S. bUSInIs$'~ and the addres$ Qf.Ule retIIIt~1&It , for which theapp/icatlonie 1l1ll<>>. ' ., " ,3. Uce~Fee Thelkl8ft8ef8e""'allc$1$eto sell tobacco prodUcts at .... sha1I be $250.00 effective January 1, 19", ane" thereafterllhall be fixed by the City ~ by resolution and may be revl$edfrom i1me to time. . Imn. All tobacco produds 'bnses llhaIl expire the last day of the caJendaryetal" In which the license was 1ssUed.Ut:enses shall n()t be transterable from one p$NOn w another. . ~5. lJoe~ Approval O/mlal and ~. The Issuance or relssuance of a Iobaci:o produas 1Ice~ ,WI!' ~grantedor d$nIed by the,CIly CQl!oPl"~ may~ ' Imposed on a lICe/lSe to ensi.tre compliance with all laws and to protect the health and welfare of resident& of the CIIy. A liI:el\$8 may be denied or revoked for 8r'I of the following reasons: . a. tallure to complete the appIieatIon; b. m/SSfatements In the applk:a!loR; c;. failure to. cornpIywlth the tenns 01 a pre- vious Ucense or any PI'OYlSlon of law regulating the sale of tObacco products. (B)1n.printed City of Stillwater Ordinance No. 811 Sublaibed Md awom II) before me on thIa 23rd. dayof January . 1936-. Notary Public r~w...-h(~~lL--v_~ RATE INFORMATION (1)lowesl classified rate pMf ~ commercial UN'" for compet8b/e .pace a.3.9.....; (Une, WI (2) Maximum tate allowed ~ law for the above matter * (Une,w (3) Rale actually charged for the above matter Received Paymenl SnLl..WATER EVENfNO GAZETTE ,lg_ 8y I- "(11..V'Y:1 Al,." ~I"J ~. . DEBR fJOTt,?~-l FiJ:U:; - i'III~;~ZSOTA <,......1 1:'1 C~mr..issjen Expires Jan, 31, 2000 r 7. irl!lpectofIt at "., " ,',' '. Wt~llljh.....at .... GrtC8.-,.,... 8. a.AffoJ wt1Q__~IeIlpp.... ' thIS ~_ b&~ ." J', ~llJWt~"'. , be$U&)fect.a_..._~,~,OJ',9Q} days Injall:Ol'~ '..,' ii .Jb' ,.' In ad!SIl!onto tht,~~wIlhlh 1'IlIW"~byaGfMlftof ~"~'......bnie 'w ~~afln~, ~'r0lf~' , " .._~~, ,/ '" , . a~,~...........to , ,...anyprov~ftheOltvCole~ ~"",~....., "., ..,=, I., ".,.,IlIlY, .,1,'",', ~of..CIy~'.' . ".'. "" full.... . " .' '. ' .': 10. "-"b$tn' " SUII.,J(JI(l8 .. ..... lilt ~... ". '10'-', exceptttlalSectielt, ," ~~.,'" and...._~l,1.,., ".'" ' A(IOptedbY..CIY~._~ot.' ~~r::~~~.19W,; ATTeST.",",'.'".. /sI_W~, ,; "$ MorttW~CIly CIer\, . ; 1/22 ';-:1"