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Ordinance 155CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 155 AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE BY ADDING PROVISIONS REGULATING THE SALE OF TOBACCO PRODUCTS The City Council of the City of Chanhassen ordains: Section 1. Chapter 10, Article III of the Chanhassen City Code is amended by adding Section 10-128 to read as follows: Sec. 10-128. Self -Service Merchandising of Tobacco Products Prohibited. (a) Legislative Findings and Intent. The Chanhassen City Council finds and declares that: (1) The Surgeon General has determined that cigarette smoking is dangerous to human health; (2) The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of • adolescent illicit drug use; (3) Open display makes tobacco products easier to shoplift and therefore more accessible to persons under age eighteen (18). (4) The enactment of this ordinance directly pertains to and is in furtherance of the health, safety, and general welfare of the residents of the City, particularly those residents under eighteen (18) years of age. (b) Definitions. For the purpose of Chapter 10, Article III, the following words and phrases shall have the meanings ascribed to them in this Section: "Tobacco Products" means any substance containing tobacco. leaf, including but not limited to,"cigarettes,'cigars, pipe tobacco, snuff, chewing tobacco, and cigarette papers or wrappers. "Self-service Merchandising" means a method of displaying tobacco products that the public has access to without the intervention of an employee. (c) Self -Service Merchandising Prohibited. It shall be • unlawful for any person to offer for sale any tobacco product by means of self-service merchandising. r1 0/1 4/91 h • (d) Sale of Tobacco Products by Minors Prohibited. It shall be unlawful for any person under eighteen (18) years of age to sell tobacco products. (e) Sale of Tobacco Products to Minors Prohibited. It shall be unlawful to sell tobacco products to any person under the age of eighteen (18) years. (f) Suspension; revocation of license. The City Manager shall suspend a license issued under this Article for a period of ten (10) days if a licensee violates any provision of this Article. The City Manager shall suspend a license for a period of twenty (20) days for a second violation. The City Manager shall revoke a license for a third violation. The revocation shall be for a period of one year. (g) Appeal. (1) Notice. If the City Manager suspends or revokes a license, the Manager shall send to the licensee, by certified mail, return receipt requested, written notice of the action, and the right to an appeal. The aggrieved party may appeal the decision of the City Manager within ten (10) days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final • decision. (2) Procedure. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council shall make a final decision. • (h) _Responsibility for Accents and Employees. Every act or omission constituting a violation of any of the provisions of this Article by an officer, director, manager, or other agent or employee of any licensee shall be deemed and held to be the act or omission of the licensee. The licensee shall be punishable in the same manner as if the licensee personally committed the act or omission. Section 2. This ordinance shall be effective following its passage and publication on January 1, 1992. PASSED AND ADOPTED by the City Council of the City of Chanhassen this 14th day of October, 1991. -2- 1 • 0 ATTEST: za, � Q�'5tA Don Ashworth, erk/Manager r D nald J.zChmiel, Mayor (Published in the Chanhassen Villager on October 24 1991.) -3- intervention of an employee. (c) Self -Service Merchandising Pro- hibited. It shall be unlawful for any per- son to offer for sale any tobacco product by means of self-service merchandising. (d) Sale of Tobacco Products by Minors Prohibited. It shall be unlawful for any person under eighteen (18) years of age to sell tobacco products. (e) Sale of Tobacco Products to Minors Prohibited. It shall be unlawful to sell tobacco products to any person under the age of eighteen (18) years. Suspension; revocation of license. The 'ty Manager shall suspend a li- cense issued under this Article for a period of ten (10) days if a licensee violates any provision of this Article. The, City Manager shall suspend a li- cense for a period of twenty (20) days for a second violation: The City Manager shall revoke a license for a third viola- tion. The revocation shall be for a period of one year. (g) Appeal. (1) Notice. If the City Manager sus- pends or revokes a license, the Manager shall send to the licensee, by certified mail, return receipt requested, written notice of the action, and the right to an appeal. The aggrieved party may appeal the decision of the City Manager within ten (10) days of receiving notice of the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking a license until the City Council makes a final decision. (2) Procedure. The City Council may appoint a committee of the Council or an independent hearin# officer to hear the matter, report findings of fact and a recommendation for disposition to the council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Coun- cil shall make a final decision. (h) Responsibility for Agents and Employees. Every act or omission con- stituting a violation of any of the provi- sions of this Article by an officer, direc- tor, manager, or other agent or employee of any licensee shall be deemed and held to be the act or omission of the licensee. The licensee shall be punishable in the same manner as if the licensee person- ally committed the act or omission. Section 2. This ordinance shall be effective following its passage and pub- lication on January 1, 1992. PASSED AND ADOPTED by the City Council of the City of Chanhassen this 14th day of October, 1991. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmicl; Mayor (Published in the Chanhassen Viftow Thursday, October 24, 1991; No. 709) Affidavit of Publication Southwest Suburban Publishing State of Minnesota County of Carver Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.7/,),& was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified tinted below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as b he kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz By: Subscribed and sworn before me on Manager this�/llcE'��oo.Qo��-.a.er (. '7 day of ' � 1991 ._ �-_ � t �LAW hFcY PUEiLIC -SIN COUNTY MY COMMISSION EXPIRES 3-&9s 4ur_ r Notary Public Vm% A Tr- ILII •^MRA A T1r%QK1 � �•fl3 :- -c a&- 2 ,. 1S e� cc �� oq 1 6� Lty Lam' o 2 .r '� C Q o w � � � .33. .. � x p 5� 40 L Z cc Cr 0 . 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