1j City Code License CigarettesCITYOF
CHANHASSEN
City Center Drive, PO Box 147
'~anhassen, Minnesota 55317
i Phone 612.937.1900
5eneral Fax 612.937.5739
gineering Fax 612.937.9152
~lic Safe~y Fax 612.934.2524
'b wwu~.ci, chanhassen.m~.us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Mayor and City Council
Todd Gerhardt, Acting City Manager
April 6, 1999
Repeal City Code Chapter 10 Concerning Licensing Cigarette
Dealers
This is a housekeeping item. In December of 1997, the city council relinquished
authority to license cigarette dealers to Carver County. At this time staff
recommends that the council repeal Chapter 1 0, Article III as it no long applies.
Staff also recommends waiving the second reading of this amendment.
5i~y of Chanhassen. A grawing cammuni(y with clean lakes, qualiff schools, a charming downtown, thdving busineSSes, and beautiful parks. A great place to live, work, and play.
02/25/99 THU 16:16 FAX 612 452 5550 CAMPBELL ~ CHANHASSEN ~00~
CITY OF CHANttASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE REPEAI,ING CHAPTER 10,
ARTICLE HI OF THE CHANHASSEN CITY CODE
CONCERNING LICENSING OF CIGARETTE DEALERS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Chapter 10, Article III of the Chanhasscn City Code concerning
licensing of cigarette dealers is hereby repealed.
SECTION 2. This ordinance shall be effective immediately upo~its passage and
. _ ~ ~
publication.
PASSED AND ADOPTED this
Council of the City of Chanhassen.
day of
,1999, by the City
ATTEST:
Tocid Gerhardt, A'~dng City Manager
N~rtcy K. Mancino, Mayor'"'
(Published in the Chanhassen Villager on
,1999).
70&7"3.Ol
LICENSES, PERMITS, BUSINESS REGULATIONS § 10-126
Sec. 10.110. Renewal application.
Application for the renewal of an existing intoxicating liquor license shall be made at least
sixty (60) days prior to the date of the expiration of the license and shall be made in such
abbreviated form as the city council may approve. If, in the judgment of the city council, good
and sufficient cause is shown by any applicant for his failure to file for a renewal within the
time provided, the city council may, if the other provisions of this division are complied with,
grant the application.
(Ord. No. 2H, 8 9.08, 4-19-82)
State law reference--License term, H.S. § 340A.412, subd. 8.
Sec. 10-111. Transfer.
(a) Each intoxicating liquor license shall be issued only to the applicant and for the
premises described in the application. No license shall be transferred to another person, or
place without city council approval. Any transfer of stock of a corporate licensee is deemed a
transfer of the license and a transfer of stock without prior council approval is a ground for
revocation of the license.
(b) No license shall be effective beyond the premises named in the license for which it was
granted.
(Ord. No. 2H, 88 7.04, 10.04, 4-19-82)
State law references--License limited to specified premises, M.S. § 340A.410, subd. 7;
transfer, M.S. 8 340A.412, subd. 9.
Sec. 10.112. Posting.
The license issued under this division shall be posted at all times in a conspicuous place in
the licensed premises.
(Ord. No. 2H, 8 7.02, 4-19-82)
State law reference--Similar provisions, M.S. § 340A.410, subd. 4.
Secs. 10-113--10-125. Reserved.
ARTICLE HI. CIGARETTE DEALERS*
Sec. 10.126. License.
(a) No person shall directly or indirectly or by means of any device keep for retail sale, sell
at retail, or otherwise dispose of any cigarette, cigarette paper, or cigarette wrapper in the city
without first obtaining a license therefor. Application for the license shall be made to the city
on a form supplied by the city. The applicant shall, furnish the information required by the
application form.
(b) No license shall be issued until the fee established by resolution is paid to the city.
*State law reference-Authority to license cigarettes, M.S. 8 461.12 et seq.
Supp. No. 9 559
§ 10-126 CHANHASSEN CITY CODE
(c) Licenses shall expire at the end of the calendar year for which they are issued.
(d) Licenses are not transferable from one (1) person to another.
(e) Every license shall be kept conspicuously posted at the location for which the license is
issued and shall be exhibited to any person upon request.
Sec. 10-127. Tobacco products; prohibited sales.
No person shall sell or give away any cigarette or any tobacco product, cigarette paper or
cigarette wrapper to any person under the age of eighteen (18) years. No person shall sell or
dispense any cigarettes or tobacco product, cigarette paper or cigarette wrapper through the
use of a vending machine or similar automated dispensing device.
(Ord. No. 112, § 1, 11-20-89)
Sec. 10-128. Self-service merchandising of tobacco products prohibited.
(a) Legislative findings and intent. The 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 section 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:
Self-service merchandising means a method of displaying tobacco products that the public
has access to without the intervention of an employee.
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.
(c) Self-service merchandise prohibited. It shall be unlawful for any person to offer for sale
any tobacco product by means of self-service merchandising. This prohibition shall not apply
to a business that prohibits the admission of persons under age eighteen (18) unless
accompanied by an adult into a room where tobacco products are sold.
(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.
Supp. No. 9 560
LICENSES, PERMITS, BUSINESS REGULATIONS § 10-141
(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 marl, 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 agents 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.
(Ord. No. 155, § 1, 10-14-91; Ord. No. 256, § 1, 8-26-96)
Secs. 10-129--10-140. Reserved.
ARTICLE IV. PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS*
Sec. 10-141. Definitions.
Unless otherwise expressly stated, whenever used in this article, the following words shall
have the meaning given to them by this section:
Peddler means any person, firm, corporation, or other business organization who goes from
dwelling to dwelling, business to business, place to place, or from street to street, carrying or
transporting goods, wares, or merchandise and offering or exposing the same for sale.
*Editor's note~Section i of Ord. No. 186, adopted May 24, 1993, amended Art. IV in its
entirety and designated provisions as §§ 10-141--10-151. In order to avoid duplication of
section numbers, the provisions of the ordinance originally designated as §§ 10-150 and 10-151
have been redesignated by the editor as § 10-149.1 and 10-149.2, respectively. Prior to
amendment, Art. IV consisted of §§ 10-141 and 10-142 which bore no historynotes.
State law references--Hawkers, peddlers and transient merchants, M.S. § 329.01 et seq.;
authority of city to restrain, license or regulate hawkers, peddlers, etc., M.S. § 421.221, subd.
19; authority to regUlate transient merchants, M.S. § 437.01.
Supp. No. 9 561
§ 10-141 CHANHASSEN CITY CODE
Solicitor means any person, firm, corporation, or other business organi, zation who goes from
dwelling to dwelling, business to business, place to place, or from street to street, soliciting
donations other than political campaigns, or taking or attempting to take orders for any goods,
wares, or merchandise, including books, periodicals, magazines, or personal property of any
nature whatever for future delivery.
Transient merchant means any person, firm, corporation, or other business organization
who engages temporarily in the business of selling and delivering goods, wares, or merchan-
dise within the city, and who, in furtherance of such purpose, hires, leases, uses, or occupies
any vacant lot, parking lot, motor vehicle, or trailer.
(Ord. No. 186, § 1, 5-24-93)
Sec. 10-142. Registration required.
It is unlawful for any Peddler, solicitor, Or transient merchant to engage in any such activity
within the city without first registering with the public safety department in compliance with
the provisions of this article. Any transient merchant, peddler, or solicitor, registering in the
city must show proof that such person is licensed for such occupation under the provisions of
Minnesota Statute Chapter 329, as amended. Registration does not exempt compliance with
all other applicable local, state, and federal laws, including zoning regulations.
(Ord. No. 186, § 1, 5-24-93)
Sec. 10-143. Exemptions.
The registration requirements of this article do not apply to: (a) persons selling products of
the farm or garden, including Christmas trees and flowers at sites approved by the public
safety director considering vehicle traveling speeds, turning movement, available parking, and
other public safety considerations, (b) children, age eighteen or younger, soliciting for school
sponsored activities, (c) residents selling personal property from their residence for no more
than three (3) days per year (such as at a "garage sale," or (d) religious, charitab!~,
organizations that meet at least one (1) 0f th~"foll0wingCoiddit~°n'~i
(1) The organization has at least twenty-five (25) members that are residents of the city;
or
(2) The physical site for the organization's headquarters or the registration business office
of the organization is located within the City of Chanhassen or a city contiguous to the
City of Chanhassen and has been located within the city or a city contiguous to the City
of Chanhassen for at least two (2) years; or
(3) The organization owns real property within the city; or
Supp. No. 9 562