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<br />CrrVOF MEWiitiGH'roN 7 ~ Is8ued -under-tile proVislOl1s ~
<br />COUNTY OF RAMSEY i article ,!Ihall not be transferable trom one
<br />STATE; OF MINNESOTA penim tb another.
<br />ORDINANCE NO. 142 Sec. 15-62. Display.
<br />AN ORDINANCE RELAnNG TO TOBACCO Every licenSe _ued under the provisions of
<br />UCENSING; REPLACING CHAPtER 15, this article shaH be kept conspIcuOusly posted
<br />NEW ................... about the place for wIlich the Ncense Is issued
<br />ARTICLE IV OF THE ....""'"''''"' and Shall be exhibited to any authorized
<br />CODE OF ORDINANCES
<br />THE CITY COUNCil OF THE CITY OF person upon request.
<br />NEW BRIGHTON ORDAINS that the N_ Sec. 15-63. Penalties.
<br />BrightOn Code of OrdInances I. amended by ta) If a person licensed under this Article or
<br />I' ' an employee of a person licenHd under this
<br />deleting Chapter 15, Article V In Its entirety Article violates any prOVision of this
<br />and replacing It with the follOWIng language: ordinance. the licensee shall be charged an
<br />ARTICLE IV. TOBACCO
<br />Sec. 15-55. Llcense requi... red. administrative penalty of $75.00 If a person
<br />b licenSed under this ArtIcle or an employ4il8 of
<br />No person shall directly Of Indirectly or Y a person licensed under this ArtIcle .violates
<br />means of any device. keep for retail sale. sell d'
<br />at retail', or. oth.erwlse dls"""'e 01 tobacco at any provision of this or \Oance twice at the
<br />...... same location within 24 months of the Initial
<br />any place in the city unless a liC8nS8 therefor violation. the licensee shall be charged an
<br />shall first have been obtained as provided in administrative penalty of $200.00. If a person
<br />this article. I' __A nd thl Arti' I f
<br />sec. 15.56 Definitions 1C8"...... u er s c e o.r an ~mp oyee 0
<br />Tobacco shall mean cigarettes; cigars; .a person 1.lcensed under thiS Article violates
<br />cheroots; stogies. perique; granulated, plug. any provision of this ordinance three tim~ at
<br />cut, crimp cut, ready rubbed, and other . ~e ~me Iocati?n with 24 months of the Initial
<br />smoking tobaCCO; snuff, snuff flour; cavendish; _ ~olatlo'!,Jhe hcensee _shall be c~arlled~_
<br />plug and twist tobacco; fine cut and other administrative penalty of $250.00, an<t t~
<br />chewing tobaccos; shorts; refuse scraps, licensee's license shall be susoended .ftU.
<br />clippings, cuttings and sweepings of tobacco s- daYS. No penalty under this Section fA-
<br />and other kinds and forms of tobacco, 63(a) shall take effect untii the IIcenseehfls
<br />prepared In such manner as to be suitable for receliied'~ serv<<l penIOl'\dY or by "",I.
<br />chewing, or smoking .in a pipe or other ot the alleged violation, and has had lit1
<br />tobacco-related devices. opportunity for a hearing beforettle ''C~
<br />Sec. 15-56. Application. council. A decision by the cttypoundllthat
<br />Application for a license required by the violation of thl8 ordinance has. occurred s II
<br />provisions of this article shall be made to the be In writing. Judicial appeal shall be... s
<br />city clerk on a form supplied by the city. Such provided ,for by state law.
<br />application shall state the full name and (b) Any person who sells tobacco to~
<br />address of the applicant, the location of the . person under the age of 18 years shall
<br />building, and the part intended to be used by charged an administrative penalty of $50. .
<br />the applicant under such license, the kind of This penalty shall be in addition to the penaUY
<br />business conducted. at SUCh. .Iocatlon, and charged under Section 15-63(a): NOpe. .l~.... '..
<br />such other Information as shall be req.uirad by... under this Section 15-63(b) shall take emtt
<br />the appl~ fon'n. .,' ..' .' until the person against whom the penaIty.iIl
<br />,.$1lc. 15;e1:li.~f811'n '. ';."':!l>";<>~ be charged has received notice, .s.~., d
<br />l'he fee for .every .llcense requ.lr~. \ly ~v personally or by mail, of the all89. ed. . .'.v. .1.01$........'.......... .
<br />provisions of this article shall be spel:llW by and has had an opportunity for li he.,. g
<br />council resolution. For any license Issued before the city council. A decision .~y tt)e:;
<br />after April first In any year, thetull fee shall be council that a violation of thiS ordlhancelli s
<br />paid. occurred shall be in writing. Judicial a '. I
<br />Sec. 15.58. Issuance. shall be as provided for by state law.
<br />Upon the filing of an applicatiOl1 for a Ilcense (c) It shall be an affirmative defense to' a
<br />required by the provisions of this article, the charge of selling tobacco to a person u~r
<br />city clerk shall present such application to the the age of 18 years In via.latlon. of ttils
<br />city. council for ItsconSide.ratlon and, if ordinance that .the license. e or. i.ndlvidfl
<br />granted by the council, shall issue such making the sale relied in good fEtith up n
<br />license upon the payment 01 the required fee. proOf of age as folloWs: ,
<br />Sec. 15-59. Restrictions. 1. A valid driver's license or Identlflcati
<br />(a) No license shall be issued under this card Issued by the State of M. irinesotfl,
<br />article except to a person o.f good moral another state, or a province of Canada, l!'d
<br />character. No license shall be issued to an including the photograph and date of. birtry~f
<br />applicant for thesele of tobacco at any place the licensed person; or ' t
<br />other than his. established place_of bu$\neSS, 2. A valid. m.i1l1i!"y.jc:l.~mI1l(lat_i()~()~.~
<br />No license shall be issued for the ~Ie of Issued by the United States Depa~~f'" ----
<br />tobacco at more than one place of busaness. Defense; or;'"
<br />No parson shall sell or give rlNiay tobacco to 3. In the case of a foreign national, from
<br />any person below the age of eighteen (18) a country other than Canada, by valid
<br />years. No person shall keep for sale, sell, or passport.
<br />dispose of any tobacco cont$lnlng opium, (d) Any person under the age of 18 years
<br />morphine, jims()n weed, bella donna, who purchases, possesses, or consumes
<br />strychnia, cocaine, marijuana, or any other tobaccO shall be referred to an appropriate
<br />deleteriouS or poisonous drug except nicotine social service agency and/or Ramsey County
<br />and other substances found naturally in Juvenile Court.
<br />tobacco or lawfully added as pan of the This ordinance is effective the day following
<br />manufacturing process. its publication. ". ..
<br />(b) No person under the age of 18 years Adopted this 9th day of June, 1998.. '...." '1
<br />shall purchase, possess, or consume ,at Robert'-.
<br />topaceo. M4IyOr
<br />Sec. 15-60. Expiration. ,at Mldthew S. FultOn
<br />Every license issued under the provisions of City ...,.ager
<br />this article shall expire on the thirty-first day of ATTEST:
<br />MarCh next after Its issuance. ,at Merge.... Egan
<br />Sec. 15-61. Transfer. Finance DIrectOr
<br />(Bulletin: June 17, 1998)
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