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HomeMy Public PortalAbout467CITY OF MEDINA ORDINANCE NO.467 AN ORDINANCE RELATED TO TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES. AMENDING SECTIONS 615.05, 615.09, 615.15 THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: SECTION I. Section 615 of the Medina code of ordinances is amended to add the underlined language and delete the 4r-wk.-through language as follows: Section 615.05. License. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city in compliance with this section. Subd.1. Application. An application for a license to sell tobacco, tobacco products or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the clerk -treasurer shall forward the application to the city council for action at its next regularly scheduled meeting. If the clerk -treasurer determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 2. Action. The city council may either approve or deny the license, or it may delay action for such reasonable period of time as may be necessary to complete any investigation of the application or the applicant. If the city council approves the license, the clerk - treasurer shall issue the license to the applicant. If the city council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the city council's decision. Subd. 3. Term. Each license shall be issued for a period of one calendar year. If the application is made during the license year, a license may be issued for the remainder of the licensed year on a pro rata basis. Any unexpired fraction of a month shall be counted as a complete month. Every license shall expire on December 31 of the license year. Subd. 4. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in sections 615.21 and 615.23 of this ordinance. Subd. 5. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the Ordinance No. 467 September 1, 2009 prior approval of the city council. Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made by the licensee at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the licensee to an automatic renewal of the license. Subd. 9. Fees. No license shall be issued under this ordinance until the appropriate license fee has been paid in full. The f e f r „ license • nder this ordinanee @hall be $"`. The fee for a license under this chapter shall be set by ordinance in the city fee schedule, as it may be amended from time to time. Section 615.09. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device as follows: Subd. 1. To any person under the age of 18 years; Subd. 2. By means of any type of vending machine, except as may otherwise be provided in this ordinance; Subd. 3. By means of self-service merchandising; Subd. 4. By means of loosies; Subd. 5. Containing opium, morphine, kern jimson weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or Subd. 6. By any other means, to any other person, on in any other manner or form prohibited by federal, state, or other local law, ordinance provision or other regulation. Section 615.15. Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises. The sale of any such item by an employee shall be considered a sale by the license holder and shall subject the license holder to the provisions of sections 615.21 and 615.23 of this ordinance. Nothing in this section shall be construed as prohibiting the city Ordinance No. 467 2 September 1, 2009 council from also subjecting the employee to appropriate penalties under this ordinance, state or federal law, or other applicable law or regulation. Minors , ed f r the oar o red for the e.,f rceme„t f a particular Mate or federal law SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 1st day of September, 2009. T.M. Crosby, Jr., Mayor ATTEST: 914 4-4.34-s-- Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 4th day of September, 2009. Ordinance No. 467 3 September 1, 2009