2004-09
BILL NO. 2004-9
-.
AN ORDINANCE RELATING TO THE CITY'S TOBACCO ORDINANCE, SECTION 1146
_ TOBACCO, AND AMENDMENTS BEING MADE TO IT IN THE AREAS OF TRAINING,
PENALTIES IF TOBACCO IS SOLD TO A MINOR, AND AN INCREASE IN AN
ADMINISTRATIVE FEE AGAINST THE CLERK SELLING TO A MINOR.
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1146.05. Subsection 9 - Employee training is hereby amended to read as
follows:
Subd. 9. Employee training. The applicant must provide proof that an employee
training program on tobacco sales has been implemented. provided during the license year
by submitting records supporting that training at the time of their license renewal each
year.
Section 1146.23 Subsection 1 and 2 - Penalties and other individuals is amended
to read as follows:
Penalties. Subdivision 1. Licensees. Any licensee found to have violated this
section, or whose employee shall have violated this section, shall be charged an
-. administrative fee as follows: of $75 for a first viobtion of this section; $200 for 3 second
offense 3t the S3me licensed premises within 3 24 month period; 3nd $250 for 3 third or
subsequent offense at the same location 'Nithin 324 month period. In addition, after the
third offense, the license shall be suspended for not less thanse'.'en days.
First violation - $200 fine with no suspension.
Second violation - If within 24 months of the first violation. $400 fine with a two day
suspension (Council appearance mandatory) - If outside of 24 months of the first violation.
it will be counted as a first violation.
Third violation - If within 24 months of the second violation, $600 fine with a seven
day suspension (Council appearance mandatory) - If outside of 24 months of the second
violation, it will be counted as a second violation.
Fourth violation - If within 24 months of the third violation. $1,000 fine with a
suspension of up to 60 days. with the option to revoke the license (Council appearance
mandatory) - If outside of 24 months of the third violation, it will be counted as a third
violation. When a license is revoked, one year's time must elapse from the date of
revocation before the establishment is eliqible to reapply for a tobacco license.
~ Step Back Option - The City's disciplinary penalties include a "step back" option as
an incentive for licensed establishments. Under the "step back" option. each time an
establishment passes two consecutive compliance checks, the establishment is deemed to
have "stepped back" one violation level. For example. if an establishment has had a total
of three violations but successfully passes two consecutive compliance checks after the
third violation, the establishment "steps back" one level to the second violation level; if a
subsequent violation were to occur, the penaltv would be imposed as if it were a third
violation rather than a fourth violation. Each step back requires two new consecutive
successful compliance checks.
Subd. 2. Other individuals. Individuals, other than licensees regulated by
subdivision 1 of this subsection, found to be in violation of this section shall be charged an
administrative fee of $W $100.
Passed by the City Council of the City of Richfield, Minnesota this 16th day of
September, 2004.
~~iz~~J1
Martin J. K , Mayor
ATTEST:
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newspapers
AFFIDAVIT OF PUBLICATION
.4f
STATE OF MINNESOTA)
ss.
~
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Current , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of September , 2004, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of . 2004; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
or-
abcdefghijklmnopqrstuvwxyz
BY:~
Subscribed and sworn to or affirmed before me
on this 30th day of September, 2004.
~LJJ~
Notary P ic '
e
MARY ANN CARLSON
NOTARY PUBlIC - MINNESOTA
MY COMMISSION EXPIRES 1-31.09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
~ for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$,
6.20 per line
(3) Rate actually charged
$
1.30 per line
City of Richfleld
, (Official PubliMtl~)D)
,BILL NO. 20()4.09
Secti()nl146.05;S;'bs;,aiQn9-Eniploy';';tr~ing is
~ereby !Ullend,ed, to read as follows: , ' -
; ,'~\lbd.9O:E';;pl!,~e; ~r"irring: theaJp/ic;ant must pro-
Vlde'prMftfiat!lll Elm,p!oyee trammg w'ogram on tobacco
sales hasbee~\Blfllell!!!l.tell. provided during the license
;, y.ear by su~rllptp.lgrQCOrds supporting that traihing at the
. tlm~ of them license-renewal eaCh year. "":', ' ".' ">
;S~eti~ii. 1146.?3Subseetion land 2 -. Penalties lll1d
otl1e~ ~n~~':'lduals ls~~e~,~~~ t~"readas f~l1?\Vs:
,."; . Penaltie~:::$ulJ!tiViSi~!ll~~ieiri~ee.riIly~i~~~ii~ ireT!
; found t;Q, hay~:~!)la~d Wl.S'~e<;tt,!,n, or whoseempl",yee '" .
': s~a!;1hav,!_ Vl",lll1;e~ thiss~etion,;sh.all be'eh.arged anlld.' '"
. m~nls~~a.trv,e fee"~ fono'Y~': 8f~_~i fet. i:l. HIst.lslatiUll Bt, ',:'
! l~8 ~~fj~~~!;t~~~~',!9J a 88e8,1~_~..8lfsn8# a(lk'E:'f1flRte:.,,0 ,,:, --" ,~:
)H~e~sa flIJn~1l18~Bilkina'g-1 RYaRUi~~[lf~,a,~,,~~l~a $Q59 frH,".,
~.a ,ili~~~. BF ~,li~.B~ElIi,ent 8fU~8:e,~ iRe ~a~:e> IifD~i[h ,[i itliill~\':'
~ a g~:~~,~~~~~~.lB~:;~}~\~aJ~~tiijL. at-t_er;~P,t~la,'Bifini~i,~>
"~B8~!\Ba ~li~I ~~~.li~~~,E.a8afaIRBjlD8B~an:B8' BIl\>,
Fi~stviolation -$200fine with no sllsnension.
: S'!co?dviplatjon : Ifwithin 24 monthsqfthe fir.t ,"
Vl91atIon $400.fjne.wltha'two day susnension (Coturei!
anne~~nc~In~nd~tory) , Ifoutside of 24 months of the
fi~st ~oIatJo~ ItW1~1 be count.ed aR a firRt#violat.ion ~,
~
.' ,.
", " " "
: Su!xi. Zi. Other ipdMctui!JsCIl1fii'vlduals;otl1erthan
licensees regUlated bysubdi\<i$ion 1 ofthissubsection,', ."
foOOd to be in violation of this sectionshanbe~h..llrgea
,:'~im adminiStrative fee of~ Ullll,,' . ,',,' c.' ,
. . - .
:-;;; c'-- " _' : < ~: ' " ,",' ',' :' c ".' ',"
. , . ~by'the City Couri~i! ofth.eCityof
, :1UChfie!d;MIhnesota: this 11ithd~yof~ptembel\ ~04."
.' '," ", -" .--, ,,',.
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