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HomeMy WebLinkAbout[07] Amendment to Ordinance 605 Regulation of Cigarette Sales Council Agenda Item 7 MEETING DATE: March 16, 2020 AGENDA ITEM: Amendment to Ordinance 605 Regulation of Cigarette Sales SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: NA PREVIOUS COUNCIL ACTION: NA BACKGROUND INFORMATION: A new federal law makes it illegal to sell tobacco products to anyone under the age of 21. This includes e-cigarettes and vaping products. The change was signed into law on December 20, 2019. The proposed amendment changes the minimum age from 18 to 21. Notices were sent 30 days prior to tonight’s meeting to all tobacco license holders and the amendment was posted on the website meeting the 10-day requirement. BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Ordinance 2020-05 Amending Sections 605.06 and 605.07 Ordinance 2020-05 Summary Ordinance REQUESTED COUNCIL ACTION: Motion 1: Approve Ordinance 2020-05 Amending Ordinance 605 Motion 2: Approve Ordinance 2020-05 Summary Ordinance (Supermajority Required) ORDINANCE NO. 2020-05 AN ORDINANCE AMENDING SECTIONS 605.06 AND 605.07 OF ORDINANCE 605 REGULATION OF CIGARETTE SALES The City Council for the City of St. Joseph HEREBY ORDAINS That Section 605.06 and 605.07 of the St. Joseph Code of Ordinances are hereby amended as follows: 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: st 1 violation within the licensing year: Civil fine of up to $100.00. nd 2 violation within the licensing year: Civil fine of up to $200.00 rd 3 violation within the licensing year: Civil fine of up to $400.00. th 4 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. This amendment is adopted this 16th day of March, 2020, and shall be effective upon publication. Rick Schultz, Mayor ATTEST Kris Ambuehl, Administrator This amendment was published on , 2020. ORDINANCE 2020-05 AN ORDINANCE AMENDING SECTIONS 605.06 AND 605.07 OF ORDINANCE 605 REGULATION OF CIGARETTE SALES The following official summary of the ordinance referred to has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of the amendments. Section 605.06 – Sales of Tobacco Products Section 605.07 – Civil Penalties The purpose of the amendment is to change the minimum age for the sale of tobacco-related products to twenty-one (21) to comply with federal law. A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk, Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at www.cityofstjoseph.com. This document hereby is made a part of this ordinance and is attached hereto. Rick Schultz, Mayor ATTEST: Kris Ambuehl, Administrator PUBLISHED IN THE ST. CLOUD TIMES ON , 2019.