Tobacco Documents Online

, CITY OF CHANHASSEN rARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. A[J ORDINANCE AMENDING CBAPTER 10 OF 1'BE - ciraxEafzBEN CITY CODE BY ADDING PROVISIONS ::EGITLATING THE*SAL$ OF TOBACCO PRODUCTS The City :ouncil of the City of Chanhassen ordains: Section 1. Chapter 10, Article III of the Chanhassen City Code.is amended b; adding Section 10-127 to read as.follows° Sec. 10-127.1 Legislative Findings and Intent. The Chanhassen City Council finds and declares that: (a) The =5urgeon General has determined that cigarette smoking is dan.;erous to human health; - (b) The.11ational Institute on Drug Abuse found ~hat- - cigarette smokLng precedes and may be predictive of adolescent- illicit drug u=3e;. (c)' Open display makes tobacco products easier to shoplift and therefore ~ore accessible to persons under age eighteen (18). (d)- The =anactment of this ordinance directly pertains to and is in furt-jierance of the health, safety, and generall welfare of the residen:s of the City, particularly those residents under eighteen (18 ) -tears of age. ;li Sec. 10-127.2 'Definition:a. For the-purpose of Chapter 10, Article III, the following words and phra=ses.shall have the meanings ascribed to them in _ this Section: "Tobacco !?roducts" means any substance containing tobacco leaf, includin-; but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and cigarette papers or :. .. wrappers . _ . ~ "Self-sertrice Merchandising" means open display of tobacco products that -:he public has access to without the intervention of an employee. a Section 2, Chapter 10, Article III of the Chanhassen City Code is amende~i by adding Section 10-128 to read: r02/20/90 TIMN 0059327

Sec. 10-128. Self-Service Merchandising: Prohibited Sales.. It shall be unlawful for any person to offer-for sale any tobacco producb by means of self-service merchandising. Section 3. Chapter 10, Section III.of,the Charnhassen City Code.is amend_3 by adding Section 10-130 to read: Sec. 10-130.1 Suspension: revocation of license. The City Kanager shall suspend a license i.ssued under this Article for a period of ten (10) days- if* a. licensee violates any provision of t:iis Article. The City Manager-shall suspend a license for a period of twenty (20) days- for a second violation. The City Managa.r shall revoke a license for a* third.violation. The revocation shall be for a period of one year. Sec. 10-130.2 Appeal. .(a) Noti•--e. If the City Manager suspends or revokes a license, the M-Lnager shall send to the licensee, by certified mail, return r=aceipt requested, written notice of the action, and the right to a_.z appeal. The aggrieved party may appeal the decision of th== 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. (b) Proc-.dure. ' The City Council may appoint a coaniaittee"' of the Council or an independent hearing officer to hear the matter, report finding:; of fact and a recommendation for disposition to the Council. H-aarings on the appeall shall be open to the public and the licens:e 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 d~:cision. -Section 4, -Chapter 10, Article III of the Chanhassen City Code.is amende4 by- adding-Section 10-131 to read: Sec. 10-131. =tespons3bility for Agents and Employees. Every act or omission constituting a violation of any of_the provisions of ::his Article by an officer, di•rector,'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 ::he same manner as if the licensee personally committed the -ict or omission. ~• section 5 Chapter 10, Article III of the Chanhassen City Code is amende~l by adding Section 10-132 to read: _ -2- TIMN 0059328

f Sea.R'10-132. ~ Penalty. A person .7.onvicted of any violation of.this Article shall be guilty of a mi-sdemeanor. - _ Section 6. This ordinance shall be effective immediately on . PASSED ANO ADOPTED by the City Council of the City of Chanhassen thi:5 day of , 1990. ATTEST: Don Ashworth, Clerk/Manager, Donald J. Chmiel, Mayor (Published in ~:he Chanhassen Villager on , 1990.) 0 _ .. s • . . :z_. . r ..._ .~ . ~' 3F.I . .: ... •.l i~:.~.. . .... -. 'i • ' ~ -3 _ TIMN 0059329