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HomeMy WebLinkAboutCity Council Ordinance 1996-04ORDINANCE NO. 96-4 AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE CONCERNING THE SALE AND PURCHASE OF TOBACCO PRODUCTS THE CITY OF PLYMOUTH ORDAINS: Sec. 1. Plymouth City Code Section 105, DEFINITION OF TERMS is amended to add the following definitions: Subd. 64A. "Self service merchandising" means open display of tobacco products where the public has access without the intervention of an employee Subd. 76A. "Tobacco product' means cigarettes cigars cheroots stogies perique granulated plug cut crimp cut ready rubbed and other smoking tobacco snuff snuff flower cavendishplug and twist tobacco fine cut and other chewing tobaccos shorts refuse scrips clippings cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing sniffing or smoking in a pipe. rolling paper or other tobacco related devices Sec. 2 Plymouth City Code Section 1005.23, HEARING, is amended to read as follows: No license may be suspended or revoked, or an administrative fine levied on the licensee until after a hearing is granted to the licensee. Such hearing to be held before the City Council upon due notice to the licensee stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license. Sec. 3 Plymouth City Code Section 1150, TOBACCO AND RELATED PRODUCTS is amended to read as follows: 1150.01. License Required. No person shall directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or tobacco products at any place in the City unless they have obtained a license therefor as provided herein. 1150.03. Application for License; Granting of License by Council; Issuance of License by Clerk. Application for such license shall be made to the City Clerk and shall state the full name and address of the applicant, the location of the building to be occupied by the applicant in the conduct of his business, the kind of business to be conducted, and such other information as the City Clerk may require. The license shall be granted by the City Council and issued by the City Clerk upon payment of the required fee. 1150.05. License Fee; Term; Date. The fee for a license is set by Chapter X. The license expires on December 31 st. ' ieenses are not tFansferable 1150.07. Prohibited Acts. a. No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper, tobacco, or tobacco products to any person under the age of eighteen years. b. No person shall keep for sale, sell, or dispose of any cigarette or other tobacco product containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug, except nicotine. c. No person shall sell or dispense any tobacco product throuah the use of a vending machine. unless the vending machine is electronically activated for each transaction by the licensee or a person in their employ, or unless the vending machine is in a nonpublic area with no minor access as verified by a premises survey conducted by the Department of Public Safety d No person shall offer for sale any tobacco product by means of self- service merchandising unless the display is in direct view of and in no case more than 20 feet from the primary cashier and meets one of the following security requirements; within three feet of the cashier or. in an enclosed case which registers an audible alarm when opened or, in a totally controlled separate area or an approved electronic security system is in place The exception requirements must be verified by a premises survey conducted by the Department of Public Safety. e. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under 18 years of age shall be considered an act of the licensee for purposes of imposing an administrative fine, license suspension, or revocation 1150.09. Display of License on Premises. Every such license shall be openly displayed in the place of business to which it has been issued. 1150.10. Violations. misdemeanor. b. Administrative Civil Penalties: Individuals, Any person who sells any tobacco product to a person under the age of 18 years is subject to an administrative penalty: and any person under the age of 18 who attempts to purchase a tobacco product is subject to an administrative penalty. The City Council may impose administrative penalties as follows: First violation The City Council may impose a civil fine not to exceed $ 500. Second violation within 12 months The City Council may impose a civil fine not to exceed $750. Third violation within 12 months. The City Council may impose a civil fine not to exceed $1.000. c. Administrative Civil Penalties: Licensee If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years the licensee shall be subject to an administrative penalty as follows: First violation The City Council may impose a civil fine not to exceed $500 and/or suspend for a period not to exceed 10 days Second violation within 12 months. The City Council may impose a civil fine not to exceed $750 and/or suspend for a period not to exceed 20 days. Third violation within 12 months The City Council may impose a civil fine not to exceed $1,000 and/or suspend for a period not to exceed 30 days. d Defense It is a defense to the charge of selling tobacco to a person under the age of 18 years that the licensee or individual in making the sale reasonably and in good faith relied upon representation of proof of age described in State Statute section 340A.503, subdivision 6 paragraph (a) e. Exemption. A person. no v9unger than 15 and no older than 17. may be enlisted to assist in the tests of compliance provided that written consent from the person's parent or guardian has been obtained and that theen rson shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department or in conjunction with an in-house program that has been pre -approved by the Department of Public Safety. A person who purchases or attempts to purchase tobacco -related products while in this capacity is exempt from the penalties imposed by subdivisions a and b above. f. Revocation. The City Council has the authority to revoke any license as noted in Section 1005.2 1 . Sec. 3. This ordinance is effective upon its passage in accordance with Section 110.11. Existing license holders at time of passage shall have until September 1, 1996 to come into compliance with Section 1150.07, subdivisions c and d. New license applications must be in compliance at time of application. Mayo City Clerk (New language is underlined, language to be deleted is StFLI& g )