1998-19BILL NO. 1998-19
AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF TOBACCOS
REPEALING SUBSECTION 1145.03 OF THE ORDINANCE CODE OF THE CITY OF
RICHFIELD AND ADDING A NEW SECTION 1146
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The section heading for Chapter XI, Section 1145, of the Richfield City
Code is hereby amended to read as follows:
Section 1145 - Soft drinks~ebass~
Section 2. Subsection 1145.03 of the Richfield City Code is hereby repealed.
Section 3. Chapter XI, Business and Trade Regulations, of the ordinance code of
the City of Richfield, is hereby amended by adding Section 1146, entitled "Tobacco", as
follows:
1146 Tobacco
1146.01. Pur ose. Subdivision 1. The Richfield City Council recognizes that many
persons under the age of 18 years purchase or otherwise obtain, possess, and use
tobacco, tobacco products, and tobacco related devices, and such sales, possession, and
use are violations of both State and Federal laws. Studies have shown that most smokers
begin smoking before they reach the age of 18 years and that those persons have been
shown to have several serious health problems which subsequently place a financial
burden on all levels of government. This ordinance shall be intended to regulate the sale,
possession, and use of tobacco, tobacco products, and tobacco related devices for the
purpose of enforcing and furthering existing laws, to protect minors against the serious
effects associated with the illegal use of tobacco, tobacco products, and tobacco related
devices, and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting to smoke as stated in Minn. Stat. 144.391.
1146.03. Definitions. Subdivision 1. For the purposes of this section, the terms defined in
this subsection have the following meanings given them:
Subd. 2. Tobacco or Tobacco Products. "Tobacco products" shall mean any
substance or items containing tobacco leaf, including but not limited to: cigarettes; cigars;
pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
Cavendish; shorts, plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in
such manner as to be suitable for chewing, sniffing, or smoking.
Subd. 3. Tobacco Related Devices. "Tobacco related devices" shall mean any
tobacco product as well as a pipe, rolling papers, or other device intentionally designed or
intended to be used in a manner which enables the chewing, sniffing, or smoking of
tobacco or tobacco products.
Subd. 4. Self-Service Merchandising. "Self-Service merchandising" shall mean
open displays of tobacco, tobacco products, or tobacco related devices in any manner
where any person shall have access to the tobacco, tobacco products or tobacco related
devices, without the assistance or intervention of the licensee or the licensee's employee.
The assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-service merchandising shall not include vending machines.
Bill No. 1998-19 -2-
Subd. 5. Vending Machine. "Vending Machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco products,
or tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco product,
or tobacco related device.
Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single
or individually packaged cigarette.
Subd. 7. Minor. "Minor" shall mean any person who has not yet reached the age of
eighteen (18Zyears.
Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of
business where tobacco, tobacco products or tobacco related devices are available for
sale to the general public. Retail establishments shall include, but not be limited to,
grocery stores, convenience stores, and restaurants.
Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall mean
motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or equipment not
permanently attached to the ground operated in an establishment licensed to sell tobacco-
related products and conducted within a building and within the licensed premises.
Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter,
or other consideration.
Subd. 11. Compliance Checks. "Compliance Checks" shall mean the system the
City of Richfield uses to investigate and ensure that those authorized to sell tobacco,
tobacco products, and tobacco related devices are following and complying with the
requirements of this ordinance. Compliance checks shall involve the use of minors as
authorized by this ordinance to attempt to purchase tobacco, tobacco products, or tobacco
related devices for educational, research and training purposes as authorized by State
and Federal laws. Compliance checks may also be conducted by other units of
government for the purpose of enforcing appropriate Federal, State or local laws and
regulations relating to tobacco, tobacco products, and tobacco related devices.
1146.05. Sale and distribution of tobacco. Subdivision 1. License required. No person or
establishment shall sell or offer to sell any tobacco, tobacco products, or tobacco related
devices without first having obtained a license to do so from the City of Richfield. 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.
Subd. 2. Application. An application for a license to sell tobacco, tobacco
products, or tobacco related devices shall be made on a form provided by the Public
Safety Director or the Public Safety Director's designee. The fee shall accompany the
application. The application shall be reviewed and action taken on it by either the Public
Safety Director or the Director's designee.
Subd. 3. Action. The Public Safety Director or the Public Safety Director's
designee may either approve or deny the license, or may delay action for such reasonable
period of time as necessary to complete any investigation of the application or the
applicant it deems necessary. If the Public Safety Director or the Public Safety Director's
designee denies the license, notice of the denial shall be given to the applicant along with
notice of the applicant's right to appeal the decision.
Subd. 4. License Term. All licenses shall expire on December 31 of the year in
which the license is issued. The annual license fee will not be prorated.
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Subd. 5. Denial, Revocation or Suspension. A license under this section may be
denied, suspended or revoked by the Council, after an investigation and public hearing
where the licensee is granted the opportunity to be heard, for one or more of the following
reasons:
(a) The operation of the business is in conflict with any provision of this code,
(b) The operation of the business is in conflict with any health, fire, building,
building maintenance, zoning, or any other applicable codes or laws,
(c) The applicant or licensee has failed to comply with one or more provisions of
this section or any statute, rule or ordinance pertaining to the sale of
tobacco, tobacco products, or any tobacco related device.
(d) The applicant has committed fraud, misrepresentation or bribery in securing
or renewing a license.
(e) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this section.
(f) The applicant is under the age of 18 years.
(g) The applicant has been convicted within the past five years of any violation
of a Federal, State, or local law ordinance provision, or other regulation
relating to tobacco products, or tobacco related devices.
(h) The applicant has had a license to sell tobacco, tobacco products, or
tobacco related devices revoked within the twelve months preceding the
date of application.
(i) The applicant is prohibited by Federal, State, or other local law, ordinance,
or other regulation, from holding such a license.
Subd. 6. Moveable Place of Business. No license shall be issued to a moveable
place of business. Only a fixed location business shall be eligible to be licensed under this
ordinance.
Subd. 7. DispiaX. 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 at least thirty days but no more than sixty days before the expiration of the
current license.
Subd. 9. Employee Training. The applicant must provide proof that an employee
training program on tobacco sales has been implemented.
1146.07. License Fee. The annual license fee for a tobacco license is set by Appendix D.
The license fee must be paid at the time of application for the license.
1146.09. 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:
(a) To any person under the age of eighteen (18) years.
(b) By anyone under the age of eighteen (18) years.
(c) By means of any type of vending machine.
(d) By means of self-service merchandising.
(e) By means of loosies.
(f) Containing opium, morphine, jimson weed, bella donna, 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
tnl F3v anv other means prohibited by Federal. State, or other local law,
Bill No. 1998-19
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1146.11. Vending Machines. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by
the means of a vending machine.
1146.13. Self-Service Sales. Subdivision 1. It shall be unlawful for a licensee under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by
any means whereby the customer may have access to such items without having to
request the item from the licensee or the licensee's employee and whereby there is not a
physical exchange of the tobacco, tobacco product, or the tobacco related device between
the licensee or his or her clerk and the customer. All tobacco, tobacco products, and
tobacco related devices shall either be stored behind a counter or other area not freely
accessible to customers. Any retailer selling tobacco, tobacco products, or tobacco
related devices at the time this ordinance is adopted shall comply with this subsection
within 30 days of the passage of this ordinance. A license holder who operates an
establishment or fully enclosed portion of an establishment that sells at least 90 percent of
its products in tobacco ortobacco-related products is exempt from the self-service
merchandising provision if the license holder prohibits anyone under eighteen (18) years
of age from entering the establishment or fully enclosed portion of an establishment and
the license holder conspicuously displays a notice prohibiting persons under eighteen (18)
years of age from entering the establishment.
1146.15. 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, and the sale of such an item by an employee
shall be considered a sale by the license holder. Nothing in this section shall be construed
as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate
under this ordinance, State or Federal law, or other applicable law or regulation.
1146.17. Compliance Checks and Inspections. All licensed premises shall be open to
inspection by Richfield law enforcement or other authorized City officials during regular
business hours. From time to time, but at least once per year, the City shall conduct
compliance checks by engaging, with the written consent of their parents or guardians,
minors over the age of fifteen (15) years, to enter the licensed premise to attempt to
purchase tobacco, tobacco products, or tobacco related devices. Minors used for the
purpose of compliance checks shall be supervised by the Public Safety Director or the
Public Safety Director's designee. Minors used for compliance checks shall not be guilty
of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco,
tobacco products, or tobacco related devices when such items are obtained or attempted
to be obtained as a part of the compliance check. No minor used in compliance checks
shall attempt to use a false identification misrepresenting the minor's age and all minors
lawfully engaged in a compliance check shall answer all questions about the minor's age,
asked by the licensee or his or her employee and shall produce any identification, if any
exists, for which he or she is asked. Nothing in this subdivision shall prohibit compliance
checks authorized by State or Federal laws for educational, research, or training
purposes, or required for the enforcement of a particular State or Federal law.
1146.19. Other Illeaal Acts. Subdivision 1. Unless otherwise provided, the following acts
shall be a violation of this ordinance.
Subd. 2. Illegal Sales. It shall be a violation of this ordinance for any person to sell
or otherwise provide any tobacco, tobacco products, or tobacco related devices to any
minor.
Subd. 3. Illegal Possession. It shall be a violation of this ordinance for any minor to
have in his or her possession any tobacco, tobacco product, or tobacco related device.
This subdivision shall not apply to minors lawfully involved in a compliance check.
Bill No. 1998-19
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Subd. 4. Illegal Use. It shall be a violation of this ordinance for any minor to
smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related
device.
Subd. 5. Illegal Procurement. It shall be a violation of this ordinance for any minor
to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products, or
tobacco related devices, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall further be a
violation for any person to coerce or attempt to coerce a minor to illegally purchase or
otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 6. Use of False Identification. It shall be a violation of this ordinance for any
minor to attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
person.
1146.21. Violations. Subdivision 1. Notice and Hearing. Upon discovery of a suspected
violation, the alleged violator shall be issued, either personally or by mail, a citation that
sets forth the alleged violation. The alleged violator shall have the opportunity for a
hearing before the Director of Public Safety before any penalty is imposed under this
section. A decision that a violation has occurred shall be in writing.
Subd. 2. Misdemeanor Prosecution. Nothing in this subsection shall prohibit the
City, from seeking prosecution as a misdemeanor for any alleged violation of this
ordinance.
Subd. 3. Continued Violation. Each violation, and every day on which a violation
occurs or continues, shall constitute a separate offense.
1146.23 Penalties. Subdivision 1. Licensees. Any licensee found to have violated this
ordinance, or whose employee shall have violated this ordinance, shall be charged an
administrative fee of $75 for a first violation of this ordinance; $200 for a second offense at
the same licensed premises within atwenty-four month period; and $250 for a third or
subsequent offense at the same location within atwenty-four month period. In addition,
after the third offense, the license shall be suspended for not less than seven days.
Subd. 2. Other Individuals. Individuals, other than licensees regulated by
Subdivision 1 of this subsection, found to be in violation of this ordinance shall be charged
an administrative fee of $50.
Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices,
shall be given the option of participating in a diversion program rather than paying the
violation fine.
Subd. 4. Misdemeanor. Nothing in this subsection shall prohibit the City from
seeking prosecution as a misdemeanor for any violation of this ordinance.
1146.25 Exceptions and Defenses. Subdivision 1. Nothing in this ordinance shall
prevent the provision of tobacco, tobacco products, or tobacco related devices to a minor
as part of a lawfully recognized religious, spiritual, or cultural ceremony.
Bill No. 1998-19
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Subd. 2. It shall be an affirmative defense to the violation of this ordinance for a
person to have reasonably relied on proof of age as described by State law.
Subd. 3. It shall be a defense to a violation of the ordinance that a licensee did not
intentionally aid, advise, hire, counsel or conspire with another to sell tobacco to minors or
otherwise procure the sale of tobacco to minors.
1146.27. Severability and Savings Clause. Subdivision 1. If any section or portion of this
ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court
of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity
and enforceability of any other section or provision of this ordinance.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
September, 1998.
ATTEST:
~,
Thomas P. Ferber, City Clerk
~~
j
Martin J. Kirsch',__M~yor
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
SS.
PUENJCATIONS
Sun Current • Sun Sailor • Sun Post
AFFIDAVIT OF PUBLICATION
City of Richfield
(Official Publication)
RESOLUTION N0.8618
RESOLUTION APPROVING SUMMARY
PUBLICATION OF AN ORDINANCE
SECTION 1146 WHICH PERTAINS TO TOBACCO
AND TOBACCO PRODUCTS
AND WHICH CONTAINS A COMBINATION OF
STATE STATUTE MANDATES AND
ITEMS PROPOSED AND RECOMMENDED BY
THE RICHFIELD ADVISORY BOARD
OF HEALTH
WHEREAS, the City has adopted the above refer-
enced ordinance of the Richfield City Code; and
MINNESOTA
SUN
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Current , or the president's designated
agent, and has full knowledge of the facts stated below:
WHEREAS, the verbatim text of the amendment is
cumbersome, and the expense of publication of the com-
plete text is not justified.
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the city of Richfield that the following summa-
ry is hereby approved for official publication.
SUMMARY PUBLICATION
BILL N0.1998-19
AN ORDINANCE REGULATING THE SALE AND
(A) The newspaper has complied with all of the requirements constituting qualification as a DISTRIBUTION of Tosacco; REPEALING
SUBSECTION 1145.03 OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD AND ADDING A
quali ied newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable NEW SECTION 1146
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the 7th day of
October , 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 1998; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
the size and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstuvwxyz
,r^~ ,'~ may.
13Y: ~
President
Subscribed and sworn to or affirmed before me
r
on this 7th day of October ,~ , 19gg.
_~, --
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ 2.55 per line.
$ 6.20 per line.
$ 1.24 gPr line.
This summary of the ordinance is published pursuant
to Section 3.12 of the Richfield City Charter.
The purpose of this ordinance is Co bring Richfie]d's to- I
bacco ordinance into compliance with Minnesota State ',
Statutes and to achieve the Richfield Advisory Board of
Health's goal of working to decrease youth's access to to-
bacco and tobacco products in the City of Richfield. This or- ',
dinance would include yearly compliance checks by Public
Safety Department staff; prohibition of self-service mer- ~:
chandising displays, types of prohibited sales and the
process to be used if violations should occur.
. Copies of the ordinance are available for public in- ~,
spection in the Public Safety Department during normal
business hours or upon requestby calling 861-9881.
Adopted by the City Council of the City of Richfield,
Minnesota this 28th day of September, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
(Oct. 7, 1998) D2/Cty Rchfld Res. #8618