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HomeMy WebLinkAboutOrdinance 605 - Regulation of Cigarette SalesCHAPTER VI – GENERAL REGULATIONS 605-0 ORDINANCE 605 REGULATION OF CIGARETTE SALES ............................................. 605-1 Section 605.01: DEFINITIONS...................................................................................... 605-1 Section 605.02: LICENSE .............................................................................................. 605-1 Section 605.03: LICENSE FEE ...................................................................................... 605-1 Section 605.04: TRAINING PROGRAM ...................................................................... 605-1 Section 605.05: SIGNAGE ............................................................................................. 605-1 Section 605.06: SALES OF TOBACCO PRODUCTS .................................................. 605-2 Section 605.07: CIVIL PENALTIES ............................................................................. 605-2 Section 605.08: COMPLIANCE CHECKS .................................................................... 605-3 Section 605.09: CRIMINAL PENALTY ....................................................................... 605-3 CHAPTER VI – GENERAL REGULATIONS 605-1 ORDINANCE 605 REGULATION OF CIGARETTE SALES Section 605.01: DEFINITIONS. For purposes of this Ordinance, the following terms shall be defined in this manner: Subd. 1: Tobacco: Tobacco means 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 tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. Subd. 2: Tobacco-Related Devices: "Tobacco-Related Devices" means cigarettes papers or pipes for smoking. Subd. 3: Self-Service Vending Machines: Self-Service Vending Machines are mechanical devices, which are accessible to the public and dispense for sale tobacco without the need of assistance by or the intervention of an employee of the license holder. Section 605.02: LICENSE. No person shall keep for retail sale, sell at retail or otherwise dispose of any tobacco at any place in the city without first obtaining a license from the City. Every person applying for a license to sell at retail any tobacco shall certify on the annual license application that the person has implemented a training program for employees regarding laws relating to the sale of tobacco and has trained all employees to comply with state laws regarding the sale of tobacco and tobacco-related products. Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any person upon request. No person shall receive a cigarette license who has not met the general requirements for City approvals under Section 104.06 of the St. Joseph Code of Ordinances. Section 605.03: LICENSE FEE. The fee for every license shall be the amount as established by resolution of the City Council, and as from time to time modified by council resolution. Every license shall expire on December 31 of the year for which it is issued. If the license applicant is blind, the license fee shall be waived in accordance with Minn. Stat. §461.12. Section 605.04: TRAINING PROGRAM. Every licensee shall have in effect a training program for employees that instructs them about the law prohibiting the sale of tobacco to minors, related civil and criminal penalties and the licensee's policy regarding the sale of tobacco products. Section 605.05: SIGNAGE. Every person issued a license shall post in a conspicuous place signs informing the public that tobacco will not be sold to minors. CHAPTER VI – GENERAL REGULATIONS 605-2 Section 605.06: SALES OF TOBACCO PRODUCTS. Subd. 1: Underage Sale. No person shall sell, offer for sale, give away, furnish, or deliver any tobacco-related product to any person under twenty-one (21) years of age. Subd. 2: Self-Service. Tobacco may be sold by means of self-service merchandising provided that the self-service displays are located within the line of sight and immediate vicinity of a responsible employee so that the displays can be monitored. Subd. 3: Self-Service Vending Machines. No tobacco may be sold by self-service vending machines, except where located in a building licensed for on-sale purchase of alcoholic beverages. Section 605.07: CIVIL PENALTIES. Subd. 1: Penalty. Upon a violation by a licensee holding a retail tobacco license of any provision of this ordinance or any provision of a state law regulating the sale or furnishing of tobacco to minors, the City Council may impose civil penalties on the licensee in accordance with the schedule set forth below: 1st violation within the licensing year: Civil fine of up to $100.00. 2nd violation within the licensing year: Civil fine of up to $200.00 3rd violation within the licensing year: Civil fine of up to $400.00. 4th violation within the licensing year: Suspension or revocation of license. Subd. 2: Waiver. The City Council may reduce or waive the penalty on the licensee for the sale of tobacco to persons under the age of 21 if the City Council finds that the person who made the sale participated in a training program. Subd. 3: Defense. It is a defense to the charge of selling tobacco to a person under the age of 21 years that the licensee or individual in making the sale requested, received and reasonably and in good faith relied upon proof of age identification in the form of a driver's license, state identification card, passport or military identification card. Subd. 4: Hearing. No civil fine may be imposed against a licensee, nor license suspended or revoked, until the City Council has conducted a public hearing after having first given the licensee two weeks written notice setting forth the time and date of the alleged violation, and the time, date and place of the public hearing. Any civil fine assessed against a licensee pursuant to this section must be paid in full within thirty (30) days from receipt of written notification of the City Council imposition of the civil fine. Failure of a licensee to pay the fine within that time period shall result in license suspension until payment of the fine. Licensees whose licenses have been revoked may not be issued a new license within six (6) months from the effective date of such revocation. CHAPTER VI – GENERAL REGULATIONS 605-3 Section 605.08: COMPLIANCE CHECKS. The City shall conduct random, unannounced inspections at all retail licensee locations to test compliance with state law. The inspections shall be performed by the police department or other law enforcement agency. Section 605.09: CRIMINAL PENALTY. Any person who violates any provision of this ordinance is guilty of a misdemeanor.