2h. State statute to strenghten cigarette sale penalities 4
C ITYOF
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Mayor and City Council
1 FROM: Don Ashworth, City Manager NAIL-
DATE: March 4, 1991
SUBJ: State Statute Amendment, Strengthen Cigarette Sale
Penalties
Councilwoman Ursula Dimler is currently working with a group
seeking to strengthen the current state statute regarding penalties
' for persons selling cigarettes to those under 18 years of age.
Prior law became difficult to prosecute in that clerks, some of
whom being under 18 themselves, did not appear to be adequately
' advised as to state statute. The proposed modification places
significant penalties against the owner in that sales would be
suspended based on the number of violations. In this instance, it
behooves the owner to ensure that that clerk knows state statute.
1 The city would still have the ability to prosecute the clerk. I
would anticipate that a majority of the City Council is in support
of the proposed statute amendments and, accordingly, this item has
' been placed under the consent agenda. The action being taken would
be one of authorizing the Mayor and Manager to notify our
legislators /prepare a resolution in support of the proposed statute
amendment.
As a side note, I will be working with the Public Safety Department
to review all current license fees in an effort to ensure that our
cost of enforcing cigarette, off -sale liquor, 3.2 beer, trash
haulers, etc. (we have approximately 15 different types of
licenses) are adequate to offset our costs. Most licenses are
renewed at year end and, accordingly, we do have a head start on
this project.
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1 A bill for an act
2 reiating to commerce; requiring local unite of
3 government to license the retail sale of cigarettes;
4 providing for mandatory suspension of licenses for
5 sales t.n minors; amending Minnesota statutes 1990,
6 section 461.12.
7 BE IT ENACTED BY TgE LEGISLATUJRE OF IMF STATE Or MINNESOTA:
8 Section 1. Minnesota statutes 1990, section 461..12, is
9 amended to read:
10 461.12 [MUNICIPAL CIGARETTE LICENSE.,
11 Subdivision 1. [LICENSE REQUIRED.; the boerA - ce '
12 governing- body- ef-eaei•.- tent- aed -Seme fete - charter - and eteth..ery
13 city -may For purposes of this 3CCtion, "local government u,;'t" ,
14 means the governing body of a town, home rule charter city, ani:
15 statutnry city. A local government unit shall license and
16 regulate the retail sale et- retail of cigarettCCs-cigarette
17 peper7 e-- eigerette wrappers and fix -the establish a license fee
19 for sales. The county board shall license and regulate the sale
19 of cigarettes in unincorporated areas of a town, at the request .
2U of the town board, and in unorganized territory. Zech sales
21 location, including each vending machine dispensing cicarettes,
22 must be licensed separately.
23 Subd. 2. [AUT- oRizED PrT t.ATiONS.; The town -cr -City lots:
24 government unit may charge a snifor- annual fee for all sellers
25 cr different annual fees for different classes of sellers. The
26 fcc mutt be sufficient to recover the cost of enforcement of
1
FEE -0T- 1991 11:36 FROM MN STATE SENATE TO 96460142 F . C=
01/28/91 (COUNSEL 1 GMM SC9606
1 this section. It may provide for the punishment of any
2 violation of the requlationa, and crake other provisinns for the 1
3 regulation of the sale of cigarettes within its jurisdiction as
T
Nair
01/28/01 [COMM 1 GSM SC9606
1 this section It may provide for the punishment of any
2 violation of the regulations, and make other provisions for the
3 regulation of the sale of cigarettes within its jurisdiction as
4 are permitted by law. The- eeesty-beard -may- slake- etke•peevisfens
5 ser- i4eerreing -and- rage =kalfarthe enie - ef - cigarettes - in
6 e :nergen4red- territory.- -- The- psev +sionm - ef A liconeee's._authority
7 to sail cigarettes at a specific location must be cuepended for
8 30 days if the licensee is found to have sold cigarettes to a
9 person under the a2Lpf 18 years at that location. A Six -month
10 suspension must be imposed for a second violation occurring
11 within a 12 -month period at the Oale location. No suspension
12 may take effect until the license holder has been given
13 reasonable notice of an alleged violation and has been afforded
14 an opportunity for a hearing before a person authorized by the
15 governing body of the local government unit to conduct the ,
16 hearing. A decision that a violation has occurred must be in
17 writing and based on the record compiled at the hearing. This
18 section shell does not apply to the licensing of sale-of
' 19 cigarettes cigarette sales in cars of common carriers. /
20 Subd. 3. (DEFENSE.1 It is a defense to a violation under
21 subdivision 2 of selling cigarettes to apron under the age of
22 18.years, if the licensee proves by a preponderance of the
23 evidence that the licensee reasonably and in good faith relied
24 upon representation of proof of age described in section
25 340A.002, subdivision 6, in making the sale.
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