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HomeMy WebLinkAbout1160 Ord (City Code Section 41-2, Licensing of Tobacco Sales; Possession and Use )City of Stillwater Washington County, Minnesota ORDINANCE NO. 1160 AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 41-2 LICENSING OF TOBACCO SALES; POSSESSION AND USE The City Council of Stillwater, Washington County, Minnesota, does ordain: SECTION 1. AMENDING. Section 41-2, Subd. 10 of the Stillwater City Code to be replaced in its entirety to hereafter read as follows: Subd. 10. 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 persons between the ages of 17 and 21 years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Compliance checks using persons under the age of 18 shall obtain parent or guardian consent. Persons used for the purpose of compliance checks must be supervised by designated law enforcement officers or other designated city personnel. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person'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. SECTION 2. AMENDING. Section 41-2, Subd. 13 (1) of the Stillwater City Code to be replaced in its entirety to hereafter read as follows: Subd. 13. Penalties. (1) Licensees. Any licensee found to have violated this section, or whose employee violates this section, must be charged an administrative fine of $300.00 for a first violation of this section; $600.00 for a second offense at the same licensed premises within a 36 month period; and $1,000.00 for a third or subsequent offense at the same location within a 36 month period of the first violation. Upon the third violation, the license will be suspended for at least 7 days and may be revoked pursuant to a hearing in subd. 12. 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. SECTION 3. SAVING. In all other way the Stillwater City Code shall remain in full force and effect. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This amendment is in accordance with the Federal Food, Drug and Cosmetic act, requiring compliance checks using persons under the age of 18 shall obtain parent or guardian consent and raising the penality fees on Licensees. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this 2nd day of March, 2021. Beth Wolf, City Clerk CITY OF STILL Ted Kozlowski, Mayor 2 AFFIDAVIT OF PUBLICATION CITY OF STILLWTER,MINNESOTA ORDINANCE NO.1160 STATE OF MINNESOTA )ss AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 41-2 COUNTY OF WASHINGTON LICENSING OF TOBACCO SALES;POSSESSION AND USE The City Council of the City of Stillwater does ordain: This amendment Diane Erickson being duly sworn on an oath, is in accordance with the Federal Food,Drug and Cosmetic act,requiring states or affirms that he/she is the Publisher's compliance checks using persons under the age of 18 shall obtain parent Designated Agent of the newspaper(s)known or guardian consent and raising the penality fees on Licensees. g Approved this 2nd day of March,2021.Do not hesitate to contact the as: City Clerk's Office(651)430-8802 if you have any questions or need further information. Stillwater Gazette By:Beth Wolf,City Clerk Published in the Stillwater Gazette with the known office of issue being located March 5,2021 in the county of: 1120082 WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 03/05/2021 and the last insertion being on 03/05/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause(1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. B Y� Designated Agent Subscribed and sworn to or affirmed before me on 03/05/2021 by Diane Erickson. J/ Gvay-e fkl Notary Public DARLENE MARIE MACPHERSON NOTARY PUBLIC-MINNESOTA My Commiesbn Expires den 31,2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 1120082