HomeMy WebLinkAbout0841 Ord (Tobacco Products)
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ORDINANCE NO. 841
AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND
USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED
DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE, POSSESSION
AND USE OF SUCH ITEMS TO AND BY MINORS.
The City Council of the City of Stillwater does ordain:
Subd. 1. Purpose. Because 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.
Subd. 2. Definitions and Interpretations.
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 oftobacco; and other kinds and forms oftobacco leaf prepared
in such manner as to be suitable for chewing, sniffing or smoking.
b. Tobacco Related Devices. "Tobacco Related Devices" means any tobacco
product as well as a pipe, rolling 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.
c. Self-Service Merchandising. "Self-Service Merchandising" means 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
shall entail the actual physical exchange of tobacco, tobacco product or
tobacco related device between the customer and the licensee or employee.
Self-service merchandising shall not include vending machines.
d.
Vending Machine. "Vending Machine" means any mechanical, 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.
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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, 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 the common term used to refer to 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
where tobacco, tobacco products or tobacco related devices are available
for sale to the general public. Retail establishments shall include, but not
be limited to, grocery stores, convenience stores, and restaurants.
1.
Moveable Place of Business. "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 fixed address store front or other
permanent type of structure authorized for sales transactions.
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J. Sale. A "Sale" means any transfer of goods for money, trade, barter or
other consideration.
k. Compliance Checks. "Compliance Checks" means the system the City
uses to investigate and ensure that those authorized to sell tobacco,
tobacco products, and tobacco related devices are following and
complying with the requirements of this ordinance. Compliance Checks
shall involve the use of minors as authorized by this ordinance.
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 and
Federal laws. Compliance Checks may also be conducted by other units
of government for the purpose of enforcing appropriate Federal, State, or
local laws and regulations relating to tobacco, tobacco products, and
tobacco related devices.
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Subd. 3. License. No person may sell or offer to sell any tobacco, tobacco products, or
tobacco related device without first having obtained a license to do so from the City.
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a.
Application. An application for a license to sell tobacco, tobacco
products, or tobacco related devices must be made on a form provided by
the City. The application must 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. The City Clerk, with the assistance
of the Police Chief or the Chief s designee, is responsible to see that
background checks are done on all applicants. Upon receipt of a completed
application, the City Clerk must forward the application to City Council
for action at its next regularly scheduled council meeting. If the City
Clerk determines that an application is incomplete, he or she must 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 necessary to
complete any investigation of the application or the applicant it deems
necessary.
c. Term. All licenses issued under this ordinance are valid until December
31 sl of each calendar year.
d.
Revocation or Suspension. Any license issued under this ordinance may
be revoked or suspended as provided in the Violations and Penalties
section of this ordinance.
e. Transfers. All licenses issued under this ordinance are 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 is valid without the prior approval of 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 ordinance.
g. Display. All licenses must be posted and displayed in plain view of the
general public on the licensed premise.
h. Renewals. The renewal of a license issued under this section must be
handled in the same manner as the original application. The request for a
renewal must be made at least sixty (60) days before the expiration of the
current license.
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Subd. 4. Fees. No license may be issued under this ordinance until the appropriate
license fee is paid in full. The fee is set by the City Council by Resolution duly enacted
from time to time.
Subd. 5. Basis for Denial of License. Anyone of the following are grounds for denying
the issuance or renewal of a license under this ordinance; however, except as may
otherwise be provided by law, the existence of any particular ground for denial does not
mean that the City must deny the license. If a license is mistakenly issued or renewed to
a person, it will be revoked upon the discovery that the person was ineligible for the
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, ordinance provision, or other
regulation relating to tobacco or tobacco products, or tobacco related
devices, or any felony within the last ten (10) years.
C. The applicant has had a license to sell tobacco, tobacco products or
tobacco related devices revoked within the preceding twelve (12) months
of the date of application.
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D.
The applicant fails to provide any information required on the application,
or provides false or misleading information.
E. The applicant is prohibited by Federal, State or other local law, ordinance
or other regulation, from holding such a license.
F. The location proposed is or has been maintained as a public nuisance,
place of unlawful assembly, disrepute or criminal activity.
Subd. 6. Prohibited Sales. It shall be a violation of this ordinance for any person to sell
or offer to sell any tobacco, tobacco product or tobacco related device:
A. To any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be
provided in this ordinance.
C.
By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in
order to receive the tobacco, tobacco product, or tobacco related device
and whereby there is not a physical exchange of the tobacco, tobacco
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product or tobacco related device between the licensee or the licensee's
employee, and the customer.
D.
By means of loosies as defined in Subd. 2 of this ordinance.
E.
Containing opium, morphine, jimson weed, bell a donna, 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.
F.
By any other means, to any other person, or in any other manner or form
prohibited by Federal, State, or other local law, ordinance provision or
other regulation.
Subd.7. Vending Machines. It is unlawful for any person licensed under this ordinance
to allow the sale oftobacco, tobacco products or tobacco related devices by the means of
a vending machine unless minors are at all times prohibited from entering the licensed
establishment.
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Subd. 8. Self-Service Sales. It is unlawful for a licensee under this ordinance to allow
the sale of tobacco, tobacco products or tobacco related devices by any means where by
the customer may have access to the items without having to request the item from the
licensee or the licensee's employee and there is not a physical exchange of the tobacco,
tobacco product or the tobacco related device between the licensee, clerk and the
customer. All tobacco, tobacco products, and tobacco related devices must either be
stored behind a counter or other area not freely accessible to customers, or in a case or
other storage unit not left open and accessible to the general public.
Subd. 9. Responsibility. All licensees under this ordinance are responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products or tobacco
related devices on the licensed premises, and the sale of an item by an employee is
considered a sale by the license holder. Nothing in this section may be construed as
prohibiting the City from also subjecting the clerk to whatever penalties are appropriate
under this Ordinance, state or Federal law, or other applicable law or regulation.
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Subd.l0. Compliance Checks and Inspections. All licensed premises must be open to
inspection by the local law enforcement or other authorized City official during regular
business hours. From time to time, but at least once per year, the City must conduct
compliance checks by engaging, with the written consent of their parents or guardians,
minors over the age of fifteen (15) years but less than eighteen (18) 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 be supervised by
designated law enforcement officers or other designated City personnel. Minors used for
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compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the
unlawful possession oftobacco, tobacco products, or tobacco related devices when the
items are obtained or attempted to be obtained as a part ofthe compliance check. No
minor used in compliance checks may attempt to use a false identification
misrepresenting the minor's age, and all minors lawfully engaged in a compliance check
may answer all questions about the minor's age asked by the licensee or his or her
employee and shall produce any identification, if any exists, for which he or she is asked.
Nothing in this Section prohibits 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. 11. Other Illegal Acts. Unless otherwise provided, the following acts shall be a
violation of this ordinance:
A. Illegal Sales. It is a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product or tobacco related device
to any minor.
B.
Illegal Possession. It is a violation of this ordinance for any minor to have
in his or her possession any tobacco, tobacco product or tobacco related
device. This subdivision shall not apply to minors lawfully involved in a
compliance check.
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C. Illegal Use. It is a violation of this ordinance for any minor to smoke,
chew, sniff or otherwise use any tobacco, tobacco product, or tobacco
related device.
D. Illegal Procurement. It is a violation of this ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco
product or tobacco related device, and it is a violation of this ordinance for
any person to purchase or otherwise obtain tobacco items on behalf of a
minor. It is further a violation for any person to coerce or attempt to
coerce a minor to illegally purchase or otherwise obtain or use any
tobacco, tobacco product or tobacco related device. This subdivision does
not apply to minor lawfully involved in compliance check.
E. Use of False Identification. It is a violation ofthis ordinance for any
minor to attempt to disguise his or her 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.
F.
Location. The location proposed is or has been maintained as a public
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nuisance, place of unlawful assembly, disrepute, or criminal activity.
G.
Obstructing Compliance Check. It is a violation of this Ordinance for any
applicant or their employees to warn or notify another License Holder in
advance of the compliance check.
Subd. 12. Violations.
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A. Notice. Upon discovery of a suspected violation, the alleged violator must
be issued, either personally or by mail, a citation that sets forth the alleged
violation and which informs the alleged violator of his or her right to be
heard on the accusation.
B. Hearings. If a person accused of violating this ordinance so requests, a
hearing must be scheduled, the time and place of which shall be published
and provided to the accused violator.
C. Hearing Officer. The City Council may serve as a hearing officer or
appoint a hearing officer as they see fit.
D.
Decision. If the hearing officer determines that a violation of this
ordinance did occur, that decision, along with the hearing officer's reasons
for finding a violation and the penalty to be imposed under Subd. 13 of
this ordinance, must be recorded in writing, a copy of which must be
provided to the accused violator. Likewise, if the hearing officer finds that
no violation occurred or finds grounds for not imposing any penalty, the
findings must be recorded and a copy provided to the acquitted accused
violator.
E.
Appeals. Appeals of any decision made by the hearing officer must be
filed in the district court for the jurisdiction of the City in which the
alleged violation occurred.
F.
Misdemeanor Prosecution. Nothing in this Subdivision will prohibit the
City from seeking prosecution as a misdemeanor for any alleged violation
of this ordinance. If the City elects to seek misdemeanor prosecution, no
administrative penalty may be imposed.
G.
Continued Violation. Each violation, and every day in which a violation
occurs or continues, constitutes a separate offense.
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Subd. 13. Penalties.
A. Licensees. Any licensee found to have violated this ordinance, or whose
employee violates this ordinance, must be charged an administrative fine
of seventy-five and no/l 00 dollars ($75.00) for a first violation of this
ordinance; two hundred and no/l 00 dollars ($200.00) for a second offense
at the same licensed premises within a twenty-four (24) month period; and
two hundred fifty and no/l 00 dollars ($250.00) for a third or subsequent
offense at the same location with a twenty-four (24) month period. In
addition, after the third offense, the license must be revoked. Funds
received by the City as administrative fines must be kept in a separate fund
to offset expenses associated with the Tobacco Enforcement Program
except that no part of these funds may be used to pay expenses associated
with an administrative hearing officer.
B. Immediate Revocation. In the event of a felony committed by the
licensee,I::!!occurring on the licensed premises, the City Council is
authorized to immediately proceed to a license revocation and need not
employ a Hearing Officer and need not proceed under Subdivision 13A.
C.
Other Individuals. Other individuals, other than minors regulated by
Section C of this Subdivision, found to be in violation of this ordinance
will be charged an administrative fee of fifty and no/lOO dollars ($50.00).
D. Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase tobacco, tobacco products or tobacco
related devices will be ordered to perform community work service and
undergo assessment and counseling by the Youth Service Bureau of
Washington County.
This ordinance will take effect from and after its passage and publication according to
law.
Adopted by the Council this 17th day of March, 1998.
CITY OF STILL WATER
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ATTEST:
4~ cX~
Acti;ng Clerk
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Publish: Stillwater Gazette - April 15, 1998
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AFFIDAVIT OF PUBLICATION
-. ~tiIlwater Qfbening ~a?ette
State of Minnesota
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PO Box 58,102 S 2nd St, Stillwater, MN 55082; Phone 612/439/3130; FAX 612/439/4713
Mike Mahoney, being duly swom, on oath says that he is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater
Evening Gazette, and has full knowledge of the facts which are stated. A. The newspaper has complied with all of the requirements constituting qualllication as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. 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 typed used in the composition and publication of the notice.
abcdefghijkimnopqrstuvwxyz
County of Washington
day of
atyJ
,
, 19
ttg
00004982
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Notary Public
. Received Payment
B~ NAME
CIIy g SUllwaIn'
2164111. Sl N.
St8lwalft-.. MN S5082
4/15/98
Date
,19
Pages
DAWN L. YOITER-BALDUS
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRr:S 1'31-2000
No. of
Documents
Col .# of Days
Inches Published
Descrlption/Oates of Publication
Unit
Rate
Total
Amount
45~ -n: ll>aJ&
CJRJJINAM":J! M.t 841
4/15
~'1, 71
'169~73
.
$189.73
Maximum rate per column inch under
Minnesota Law: $7.50 per 12-pica column.
~d.ll~..~i~ IC~:eJ:W1g G~e P.O. Oat 58 stmwater. UN
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Total Amount
e. ~'.AI ~ ~lIfldertil
. briInailce ant veld Oltj on u.~ for wtich .
1h&rllclli'tcewas ~ and ~fOtu. p8nlr;jn to
~tbe...... ilIued;......,.,..... clt6Pj
license to InolhlIr mc,atIon or f,llIlIllClO Is WlIdwlhoul
tbe.pr(or8l:JPlO'itll cI,CIlYCoulldf '. .
'f. ~PllMof8ulllnlll1&;.lIcensemaybe
Is$Ulldtoa~pIaorfcl~ ClrIyfksd
1oadIonbllslnessesllll981g1b18tobelcl&nsedut'ldllr
lWsllltlr\ance. . , ,. '
g. JJiIlIIIto AI, bnII8 IIUll be posted and
<iIlpIayed In _ VIeW cllIte ~ pldc on U.
Ilcensedpl8l'l1lse. ..
h. ' Btne!I!IL..The Il!lI'l8W8I oJlklo8hee lssuild
under thI8 sedlOn must be hInI:II&d i1 U. same
mamer as lite orignllII appIIcaIlon..The IBQU8llI for
a .renewaI fl'II$I be .. a11east sIldy (6l)) days
before U. $lpDIIon cI the c:uminllblnse.
SUbd.4.. FeeiI. Nolcenilellllltfb&.lllsuedurlder1lils
~unlllhe eppRlpIlBle lCtQefeels~ In
full; Thef8eIs.selbyU.cty Clll.In!:lIby~
.\iIIy~from~tolhle.'"
,SUbd. S;.....forDlnkllof~ AnYOIllJcI
lhe~fol'~lSsUanlleor
renewal cI a Icenile I1ndetttllsodillnlle; hoWever.
8lIoep! asA1llY ~ be ~ lite
exlsIencecl anyperllcUlar' ". . ftot
meanlflat~ClYlllUIIt~.lfallclWlse
1s~ls8uedorl908Wlldto'plll8On.llw11be
revoIl8d upon U. dBcCMlly thalu. pINl!IOfl was
~ for the IicenIIe undertil Sectlon.
A. The lIJJlIIcIrtlsW\derlhe.aI~ (18)
Y8'!1S-. .'. c
. 'B. The ~ has beiilnl1Ol1VlttedWllhln U.
_live ~ yearscl anyVlolatllnclFedenlI.SIate.
arlclcallaW.llItIr\ancePftWll!lOn, OfOlherA9Jl8llon
=m..'.'. .~.79!_~.I~ .
any. . .... .(...., .
yeeiS.' . 'J . .... . .......
C; . The appIIcId. hen llcensen.. tob8<il:lo,
tobaCQ). ptOCblts Of tdJacOO AlIllIeCt devIceS .
VOIGedWllhi1l1te~tWeti8(12)~cI
lite dale 01 appIIclIIIOn". '
D. '.The 8pp11ta1t.fIlls to ~ any tIomiBIIorl
~ on the appIIoIlIIpJl. or IllQYkIBtfalse or
mi. u:flng i1IoIrt1ldIon. .
E. The appIcaIt Isprohlllledby ~__or
oIher klcaIlaw. oriiriance or CllhIII'~ from
hoking SUCh a Icenile.
F. "lhlnotall6tt~1s clJ'i11ils D8eR man.
taIneG:as a~ rIJlsarlce. pIaoe clurawlulas-
sentlIy, denlPlJte orami1al~.
SUbd.6. PrOeIIbIeII.... . shIIIbe. >IIflIlIdIon 01
til 0ldi1arKle torany peni)n'to8llll Or ClIerto sell
any td:laccO. ~'~..Of.tQIlI.cC(l ~
device:
A. To any penlOIl undllr'u. agedl.I"....r(18)
yeaIS. . ". .' '. . . . '.' e"
8.. By rneansol any type Of YeldngI1llldb, .
except.as may ~ be ptcWlded i1 tilOld-
tWlO&. '.' , v .
C.By rneansol Sl!I-SeIYIi:le rnethcldewtllimltJYu.
QIJSklnlet does not needtornake avedlil or'Mlten
lBQU8llI'to an ~Ioyee oIlbe licensed pt9rtIIse.1n
Older toftlOlllve lite tabllCti:l. ~ pIl:ldud. or
tobaoco I9IllIed delllc& and~. .....~.. "",.,!t"
ptly$IclaIeX~cI"tobtItcx:O. ptcQd.\
or tobIloco reIaIed deIIIoe between the IICenseil or'
the ~'811f11l1oYe8. andlti CllStoIn9r.
D. By~lo.osill$asdelllled~2c11l1s
on:Inance. ' .
E. CormIIir\g qliUJl:l.. l'IlClIllhI'8, ji11san weed,
beladQnna.SliychnoS,coeeIne.'~CII'.'"
. deIsteIIoU&.~.toxIc,or<<dlOled8lb-
staroesexoept11ldohd~1ound
~ i1 toIJaoc().or.8O:Ied asplUt cI 01"'"
Ia'MuI ~POOISS8S " .
F. By..Olher means. tOt6Pj oIherpenlO/\ or i1
any olher manner or foIm. prohIlIIed by Fedend,
Sta\&,orothllrlOcallaW.......~Oroltlel'
reguJIdIon. . .' .
SUbd.7. VendIng Machlnea.ltlsunlawlulfQrany
penlOIlllcenlled W\der;tilomNooe to 8IIoW. the
_cltIll:IaClI>>.~~reIated
.c.tevIeeS by the means of aYeldtlJ ~ uQess,
O1il1Ol$ant a1a1tiY1es pndllied from ~... .
lIoensedeflf8blllllWlent;
$l>>IId.8. ~ SalIM; ItIs unlawfulfor a
IIc8rISee Ul'1der tilClldr'ianC8tal!lOW1he'saleol
tobai:loO, tobaCco pltIClId$.Of tdl8Ooof8lated (Ie.
Ilk*! by, any means while tlythe~ may
have a<lC8$$~0 ttw....WIhDut
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~~.the~J8IIIlted~bQ,
tWIlenlhe~, c;letkanlJ "'~.A11
loblJleoi)i '~'~'llilIf~'1l!lIated
dlMces. 1IUll. eIlher... :.:=.a counter. . or
Other...fllll~ ClllItOItIlII8.orlna
CllIS8 or Olher lIIonlge unll fllllleft open and acce&-
8IlIe lOb gerllIIliI ~.. .
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OldrlanClUI'4l~lodhe Il;llonscllhet
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COIllIidlIl8d__by lit bnse hlllds\'. .NlltIi'lSlJn
llIs.llectkm_~.'.'QClrtflIrued. _ as.'~., C...... CIY. $
tromlillllllnl.....lhed8jl(1D~ .'
~thIs~..ot...
_law;or__lIfIltIIlIIbIelawor~';;
SUbd.....~~1I~'
A11lCllmlledpremiMlslJII8I~ epmtoililpeetlOtlby
theklcallaW~or Other.auiI1OIIzId-Cb
olIIcI8I <biIV___btIIIhliiiIIllOIIIlI; fr\'lrIl~ .
ume.butatleast~,1h&ClymU$tOOldld
~ d1ecl\III'by ~""".. \WIt8n
CClIlS8lt cI..,Pant\1IB or QuIaIdan8; ~ fNf1l
the. cllIteeh(llJ)y8lII8 ~ lees than~
(1~~tI)eItlIrthe '" ....
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..... ~.,.; MIIlOI'S IMCttor....~4lf
~~ nMlbe~bydBsig:-
natedlaW 8I10RlllmeitolllCllr$orOther~
Cllyp$lllOl1llel..~tor~lll!td1ecl\lll
ant not gully Of the unIawIuI flIIIllhaslt or fllten1lted
pulthase. northeunlaYtful~ottobai:loO,
tobacm pIOWds. ortd:llCco related dlIVIclllsWi'!!lll
the __..obl8i1Eld or~tcitieobt8lJ\ed'
as pad oIti1$ CXJlI1lIIIInQ&~ ~.ruse41n .
CClI11lIIanCe c:hecIil8 may a\ten1)tto'. false id8I1I-
II!latklIf 1....~lhittnnOr'$ .~ '.811
'I"'J~'.fit\lIlf1l~~~" ..
~~~by
the IlclilrISil6 or'hIs or her'~ and shaIIpro-
wee any 1dldIIcaIIon,' any eJdllls,. for which h&. or
she Is asked.~tl.. ~~
~etleckS.~tly__OfFtldllraI
_fol'~.~~~
or~fOtthe~6f.~ttaIe
'OI:~-
~11- .00000lllegal A$.. ~olherMse
~''~actSsfla!Ibea\llolalPl101thiS
p..!J!9!~lIlila~tI1ii.~(c)f
anyP!llSPQto_or~provlde8f\ltobacco,
tobaooo ~ or tobacco reIaIed device to 8f\I
ninOr." '.
B. I" p~ 11 ~ a vIoIlidklnof t~
~foral'ly1YOr ohavetlhlsorherposl!ElS-
siQnl!ll\"tobaclbo, tdJ8c::ro pR)CkJcl orfobacco I'll-
IaIed deYIOe. ThIs-~ 8haII not awlr to
~""lyl!1Volvedtla~~
C.IIIBdaI.uM '1llsaVlOIaIIon olthls ordinance for
anyfllnllrtOsnIlkt,dleW,dorOthelwlseuseany ,
~..tobaa:O.pIl:lCiJd. or ~ reI8ted (fe.
vice. ".
D.~~,..i&a.vioIalionolthls .
~ fl)r any mmrfQ p~ or attefIllt to
pun:Ilasi!or~~lllj~.t<lbacOO
produc:t, or~ related ~ and lis a vIola-
tlQn 01 Ills. ordi1ance1or any person to pulChase or
OlherwIseOlltai'ltobaClco ltem$onbehallotamlnOr.
Ills fUrlher a vtoIaIIOn for any peIlIOO to coerce or
..to coeroe amtlorto~ pulCha$e or
~~oruseanytol:laqcO,tobaccoPlPd-
U/1,. 91' ~ relateddevlC&. . ThIs SUI)dMsion
cblSnot ~ n*lor~ li)YOIved in CXlII1lfi.
anCleCfleck....",,\ ..., ,.....'
. . IfQD.:W . . tI1is
- any .~tl? or.
her the .,:tI1iI"taislI1oI'll1
tIon. ,~ftle;~iitthlll.Ofanother
pelS(lltOr.on& Qitwtlklb the QoIthepemqr\-has
blYerIRIdllidoj'~wllhtoi8preseR anage
oIiferthlltthe~ 8fil&Ofthe ~ .
F.1.QQIIIIlo. ThelOOatlOnplq)li$ed Is or has been
~asa~~ pla(Jeol UI'llawlul
1IlISlIl'OOIy, c:tISI8puIe. ~ CIIIlnI actIviIY. ,
G. ~Check.lllsavtotation
oIt111$01t1tlanCerany8pplltalt0lthete"l*>Yees
;;:'''8l~~In~ ,
SUIMt 120'~
A.1lIIlJIla~~oIa~dviola-
tIon. the aIIeglld~ mIlSf IleIssUed; elher
peI$OI'lBII' or bY mall, a clatbn.that. sets foIItt the
iJeged vJot!IIIOrl and whIdl ~ the alleged
YIoI$r 01 his Cll'her' .rli#lt to be healdon the
~"'.."" .
B..... If ap&nlon ~ otViofatillgthis
~. so,,,,,,-.a ~ rI'uIIt ~ sc:hed-
u~thetlneSlld~OIt.tidl$tlalbePubfiShed
ahdprovlded to !he llClCU$edVblator.
C: ~t'lftIMr. 1'hltQlyCOlll)dlmayS81V98S
ahealtlgolllcleror sppotta heaItlg oflicer as they
sea II. ". . .
b.~ fthehelu,tlgOllbr~1hat
"aVt9~"_"'iCe,.~._~,
.will WIllhe ~oIIkl!k'l'l~fCll'lin\liIlga
vIoIatIonai'ldthepehal\ytobe IIT1lOSed underSubd,
13 01 this ~,1IUlt be'l'eIlOIded ill WIling, a
rY'IlAIoI wtiCh mIlll be~ to I1ul acQJsed
.......'.... .'.' ....'.."...'-"'..;.j. .......jf.E....... ...........
vtoIaIclr. l.JkeWIse,i1the~'!".......,,_ "....no
VioIafariOOCllll'edorllncfis~fOfnot ~
artI~. the~ l'IlUIItbl'#19\X>1!!Ied and a
OlJ>.Y~tothe~~vIoIaIor.
.. E. ~ ~'PflUly~ll'lad8bythe
.~oIIIcllIrfllililt~clSl!ictOOUltfOrthe
~.oIbJCllJIIl~the~Vk>lation
ocx:lJIl9d. ..'...' . ' .'
f:.' ~~~ ..'Nothiig lhthls
~w11 Clyfttlm~pros-
9a..uon asa mlsden\$anOl'for any alIegedviolation
cI this on:lir1aR:8. II the CIty eleCts to $EI9k misde-
m8an0r~.no~~may
be~ .......
..a~~ead\\40/Iilllon,:andeV9lY
dllylri WhId1 avkl/atlOn.ClCCUI'S orconllnues, cons/I-
IUles a separaIe ofIense.
~,13;hNI_ ..'
..A~ .llnu. . . IIit'(Ilvlolalcll:l
'lNi;~';:'~ ...~thIs
~~ .... .... flneol
~_.gnllttqQ.dQIar$ ($'15,OO)1ora tiJlI
vfoIatIMdtiiOldhiUlile;two ~~rl9f!<J.P
dOJIrn for a althectame
, '. . . '.lI'1OI1th
(~. ..... ~.
".OO)1cltaflM(or . . . at the
same.1Ocat/Oh wIhi1 a ~ ~}~hpe-
.dOd. .In.~.thelcense
,fI'IIllIbe~; .... . bY the Cly as
. sdmli~.rnUlibelillPt lnasepamt9 fund
to ofISet.~ associated wlb.the TobaOoo
~. exQeptthal no part of these
flJt'il$"ltlaybe'~WiIh
an' .. . ... .. .. . . ,'. ..,.
B.
~