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 )