HomeMy WebLinkAbout05-11-2021 Council Packet CITE' OF OAK PARR HI✓IdGl--IIT S
CITY COUNCIL MEETII C AGENDA
TUESDAY, MAY 1119 2021 AT 6;OOPM
This meeting will be conducted by videoitelephone conference due to the ongoing COVID-19 health
pandemic. The meeting will follow the provisions of Minnesota Statute§ 13D.021.If practical,members of
the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to
such person paying for any added cost incurred by the City as a result of the additional connection. The
open meeting can be viewed remotely online at: httys://us02web.zoom.us/i/4786278054 or by calling(312-
626-6799)and entering meeting ID 4786278054.
Please contact the City at 651-439-4439 oripinski@cityofoakparkheights.com in advance of May 11,2021
if you have any questions about access.
6:00 p.m. I. Call to Order/Approval of Agenda
Estimated
times
6:00 p.m. II. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• Recycling Award (pg. 2)
• Spring Clean-up Day Report
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
6:10 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills &Investments
B. Approve City Council Minutes—April 28, 2021 (pg. 4)
C. Approve Resolution Granting the Application of Ducks Unlimited St. Croix
Valley Chapter to Conduct a One-Day Raffle at Heights Hall and Event Center on
June 24, 2021 (pg. 7)
6:10 p.m. V. Public Hearings
6:10 p.m. VI. Old Business
6:10 p.m. VII. New Business
A. Consider Proposed Amendments to Ordinance 1409 Relating to Sales, Possession
and Use of Tobacco by Minors and Repeal Ordinance 1404 (pg. 9)
6:15 p.m. VIII. Other Council Items or Announcements
6:15 p.m. IX. Adjournment
Page 1 of 24
%,.
Oak Park Heights
Request for Council Action
Meeting Date May 11, 2021
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Receive Information
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 2 of 24
City of
Oak Park Heiahts
14168 Oak Park Blvd.N•Oak Park Heights,MN 55082.Phone(651)43914439•Fax(651)439-0574
May 6, 2021
Jonathan Ehresmann
14191 60th St N
Oak Park Heights, MN 55082
Dear Mr. Ehresmann:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two residents
each month with their choice of an award of $25.00 or a fire extinguisher and/or
smoke detector(s).
Your residence was checked on Thursday, May 6, 2021, to determine if you had
your recycling bin out with your regular garbage. Your recycling was out and ready
for collection; therefore, you are one of this month's winners. Please contact me
via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me
know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Congratulatio s!
r Pinski
City Clerk
TREE CITY U.S.A.
Page 3 of 24
r
Oak Park Heights
Request for Council Action
Meeting Date May 11, 2021
Agenda Item Approve City Council Minutes—April 28, 2021
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature ��—
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 4 of 24
CITY OF OAK PARK HEIGHTS
WEDNESDAY, APRIL 28, 2021
CITY COUNCIL MEETING MINUTES
HELD VIA VIDEO CONFERENCE PER MN S'C'AT. 13D.021
I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to
order at 4:31 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren, and
Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney
Kevin Sandstrom, and City Engineer Mann. Absent: City Planner Richards.
Councilmember Johnson, seconded by Councilmember Runk,moved to approve
the Agenda. Roll call vote taken. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported she had a call with the City's lobbyist the
previous week, she attended a Zoom meeting with the Coalition of Utility
Cities regarding the omnibus bill, she attended a Minnesota Women in
City Government presentation via Zoom, and she would be meeting with
the Chamber of Commerce on Monday.
B. Councilmember Dougherty: He reported he also attended the Coalition of
Utility Cities Zoom meeting the previous week.
C. Councilmember Johnson: She reported she attended the Metro Cities
annual meeting on April 15 and the Parks and Trails Commission meeting
on April 19.
D. Councilmember Lilje ren: No report.
E. Councilmember Runk: No report.
F. Staff. City Clerk Pinski reported that Tim Freeman at 5770 Newgate
Avenue North was chosen as the recycling award winner. Pinski also
reported that the Spring Clean up was set for Saturday, May 1 from
7:30am to 1:00pm.
III. Visitors/Public Comment: None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—April 13, 2021
C. Approve City Council Minutes—April 21, 2021
D. Approve License for Sale/Storage of Consumer Fireworks at Lowe's
E. Approve License for Sale/Storage of Consumer Fireworks at Walmart
F. Waive Statutory Tort Limits for City Liability Insurance as Offered by
LMCIT for 2021-2022
Page 5 of 24
City Council Meeting Minutes
April 28, 2021
Page 2 of 2
G. Approve Appointment of Ms. Kaylyn Fahrendorff as a Full-Time City
Police Officer
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None
VI. Old Business:
A. Lookout Trail —Update and Requested Actions—Construction
Agreement: Councilmember Dougherty, seconded by Councilmember
Johnson, moved to approve the proposal. Roll call vote taken. Carried 5-0.
VII. New Business: None
VIII. Other Council Items or Announcements: Councilmember Runk requested an
update regarding the tree damage on Lookout Trail. City Administrator Johnson
reported that City Attorney Sandstrom sent a letter to Mr. Paul Sinz and that St.
Croix SavATree would be mobilizing on May 17. City Attorney Sandstrom
reported that the letter gave Mr. Sinz authority to inspect the property up until
May 14 but that he needed to let the City know when he would be on the property.
IX. Adiourn: Councilmember Runk, seconded by Councilmember Dougherty, moved
to adjourn at 4:42 p.m. Roll call vote taken. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 6 of 24
r'
Oak Park Heights
Request for Council Action
Meeting Date May 11, 2021
Agenda Item Approve Resolution Granting the Application of Ducks Unlimited St. Croix Valley
Chapter to Conduct a One-Day Raffle at Heights Hall and Event Center on June 24, 2021
Time Req. 0
Agenda Placement Consent
Originating Department/RequestorAdministration/Jennifer Pinski
Requester's Signatur C
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 7 of 24
RESOLUTION 21-05-19
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
DUCKS UNLIMITED ST. CROIX VALLEY CHAPTER
TO CONDUCT A ONE-DAY RAFFLE AT
HEIGHTS HALL AND EVENT CENTER ON JUNE 24, 2021
WHEREAS, Mike Dvorak, on behalf of Ducks Unlimited St. Croix Valley
Chapter, has submitted a request to conduct a one-day raffle on June 24, 2021 at the site
of the Heights Hall and Event Center, 5880 Omaha Avenue North, Suite 3; and
WHEREAS, the City of Oak Park Heights has reviewed the request and finds
that its purposes meet the necessary community standards; and
WHEREAS,the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the application for the raffle permit
as applied for by Ducks Unlimited St. Croix Valley Chapter with the State of Minnesota
Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK I-]=H L S AS FOLLOWS-
That the application of Ducks Unlimited St. Croix Valley Chapter with the State
of Minnesota Gambling Control Board to conduct a one-day raffle on June 24, 2021 at
the site of Heights Hall and Event Center, 5880 Omaha Avenue North, Suite 3, within the
City of Oak Park Heights is hereby approved with no waiting period.
Passed by the City Council of Oak Park Heights this 11 ffi day of May, 2021.
Mary McComber
ATTEST: Mayor
Eric A. Johnson
City Administrator
Page 8 of 24
Oak Park Heights
Request for Council Action
Meeting Date May 11, 2021
Agenda Item Consider Proposed Amendments to Ordinance 1409 Relating to Sales, Possession,
and Use of Tobacco by Minors and Repeal Ordinance 1404
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor A inistration/Jennifer Pinski
Requester's Signature
Action Requested Discussion and approval of amendments
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
On May 16, 2020, Governor Tim Walz signed into law legislation known as "Tobacco 21"
which raises the age for residents to buy tobacco products from 18 to 21. The change to state law
includes electronic delivery devices and other nicotine products.
Accordingly, the City Council should consider amendments to Ordinance 1409 to change the
language reflecting the minimum age requirement.
Also, there is redundancy between Ordinance 1404 and 1409. Ordinance 1404 relates to the
licensing requirement for the sale of cigarettes,papers, and wrappers. Ordinance 1409 also
includes the licensing requirements and includes tobacco, tobacco products (including cigarettes,
papers, and wrappers), and tobacco related devices. I would suggest repealing 1404 to eliminate
confusion since the provisions and requirements in Ordinance 1404 are covered in Ordinance
1409.
Additionally, the City Council adopted a Resolution in 2001 establishing civil penalties for the
violation of the City Ordinance and state law regarding the sale or furnishing of tobacco to
minors. As the City Council did with the alcohol compliance violation penalty Resolution, I
recommend the City Council consider including the tobacco compliance violation penalty into
City Ordinance.
I worked with City Attorney Sandstrom and Chief Hansen and have included a draft red-lined
amended Ordinance for your review and discussion. The proposed Ordinance amendments have
been posted on the City's website. I request the City Council approve the amendments to
Ordinance 1409 and the repeal of Ordinance 1404.
Page 9 of 24
1409
AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO,
I TOBACCO PRODUCTS, ASD TOBACCO RELATED DEVICES,_AN'n F -F('TRONIC
DELIVERY DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE,
POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN
AS FOLLOWS:
1409.010 Purpose.
Because the City recognized that many persons under the age of eighteen (1 8)21
years purchase or otherwise obtain, possess, and useproduets,-
and
'"b,,eee related ae. i tobacco, tobacco products, tobacco related devices
and electronic delivery devices, and because studies, which the City hereby
accepts and adopts', have shown that most smokers begin smoking before they
have reached the age of eighteen (14)21 years and those persons who reach the
age of eighteen (I 4)21 years without having started smoking are significantly less
likely to begin smoking; and because smoking has been shown to be the cause of
several serious health problems which subsequently place a financial burden on
all levels of government; this Ordinance shall be intended to regulate the sale,
possession, and use of tobacee, tobaeeo pfoduets, and tobaeco related
devicestobacco, tobacco products, tobacco related devices, and electronic delivery
devices for the purpose of enforcing and furthering existing laws,to protect
minors against the serious effects associated with the illegal use of tobaese,
tobacco, tobacco products, tobacco
related devices, and electronic delivery devices, and to further the official public
policy of the State of Minnesota in regard to preventing young people from
starting to smoke, as stated in Minn. Stat. 144.391.
1409.020 Definitions and Interpretations.
Except as otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. The singular shall include the plural
and the plural shall include the singular. The masculine shall include the feminine
and neuter, and vice-versa. The term "shall"means mandatory and the term
' 'The City of Oak Park Heights has relied upon the following sources: Preventing
Tobacco Use Among Young People, A Report of the Surgeon General; Youth Access to
Tobacco - Summary Points, Youth and Elders Against Tobacco Use; Stillwater Area School
District Cigarette Use Permits,Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to
Youth and Nicotine Addiction in Adolescence,both by the Centers for Disease Control and
Prevention.
(01501-03890/2843033/11
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Page 10 of 24
"may"means permissive. The following terms shall have the definitions given to
them:
A. "Tobacco" or"Tobacco Products" : "tobacco" and"tobacco products"
includes cigarette and any product containing, made or derived from
tobacco that is intended for human consumption, whether chewed,
smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any
other means or and component, part, or accessory of a tobacco product;
cigars, pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots;
stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other
smoking tobacco; snuff flour; cavendish; shorts;plug and twist tobaccos;
dipping tobaccos; refuse scraps; clippings; cuttings and sweepings of
tobacco; and other kinds and forms of tobacco. Tobacco excludes any
tobacco product that has been approved by the United State Food and
Drug Administration for sale as a tobacco cessation product, as tobacco
dependence product or for other medical purposes and is being marketed
and solely for such approved purpose
B. "Tobacco Related Devices"means any tobacco product, as well as any
liquid containing nicotine, -pipes, rolling papers, or other device
reasonably designed to be used in a manner which enables the
consumption by way of chewing, sniffing, smoking, or inhaling of tobacco
or tobacco products.
C. "Self-Service Merchandising"means open displays of tobaeee, tobaoeo
tobacco, tobacco products, tobacco
related devices, or electronic delivery devices in any way where any
person shall have access to the product without the assistance or
intervention of an employee of the premises maintaining the self-service
merchandising. Self-service merchandising shall not include vending
machines.
D. "Vending Machine"means any mechanical, electric or electronic, or other
type of device which dispenses , or-tebaee@
relate' dev ^��tobacco, tobacco products, tobacco related devices, or
electronic delivery devices upon the insertion of money, tokens, or other
form of payment directly into the machine by the person seeking to
purchase the-tobacco, tobacco product, or tobacco related device.
E. "Individually Packaged"means the practice of selling any tobacco or
tobacco product wrapped individually for sale. Individually wrapped
tobacco and tobacco products shall include,but not be limited to, single
cigarette packs, single bags or cans of loose tobacco in any form, and
single cans or other packaging of snuff or chewing tobacco. Cartons or
[01501-03890/2843033/11
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Page 11 of 24
other packaging containing more than a single pack or other container
described in this subdivision shall not be considered individually
packaged.
F. "Loosies"means the common term used to refer to a single or individually
packaged cigarette.
G. "Minor"means any natural person who has not yet reached the age of
18eig tee " years.
H. "Retail Establishment"means any place of business where tebaeee,
t^1..,eeo pr-oduets, of tobaeea ' + a devieestobacco, tobacco products
tobacco related devices, or electronic delivery devices are available for
sale to the general public. Retail establishments shall include,but not be
limited to, grocery stores, convenience stores, restaurants, and bars.
I. "Moveable Place of Business"refers to any form of business operated out
of a truck, van, automobile, or other type of vehicle or transportable
shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
J. "Sale"means any transfer of goods for money, trade,barter, or other
consideration.
K. "Compliance Checks"mean the system the City uses to investigate and
ensure that those authorized to sell tobaeee, tebaeeo pfoduets, and tebaeee
„elated devi���tobacco, tobacco products, tobacco related devices and
electronic delivery devices are following and complying with the
requirements of this Ordinance. Compliance checks may involve the use
of minors persons under the age of 21 as authorized by this Ordinance.
"Electronic delivery device" means any product containing or delivering
nicotine, lobelia, or anv other substance whether natural or synthetic
intended for human consumption through inhalation of aerosol or vapor
from the product. Electronic delivery device includes but is not limited
to devices manufactured, marketed or sold as electronic cigarettes,
electronic cigars electronic pipe vane pens modes tank systems or
under any other product name or descriptor, and shall also include all
liquids, aerosols, gels salts or other substances containing nicotine for
use in such devices, including but not limited to e-liquid e- uice vape
fluid, vape juice, and nicsalt. Electronic delivery device includes any
component part of a product whether or not marketed or sold
separately. Electronic delivery device excludes drugs devices or
(01501-03890/2843033/11
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Page 12 of 24
combination products, as those terms are defined in the Federal Food
Drug, and Cosmetic Act, that are authorized for sale by the United
States Food and Drug Administration
1409.030 License.
I No person shall sell or offer to sell any tobacco, tobacco product, Of-tobacco
related device, or electronic delivery device without first having obtained a
license to do so from the City.
A. Application.
I An application for a license to sell tobacco, tobacco products, tobacco
related devices and electronic delivery devices shall be made on a form
provided by the City. The application shall contain the full name of the
applicant, the applicant's residential and business addresses and telephone
numbers, the name of the business for which the license is sought, and any
additional information the City deems necessary. Upon receipt of a
completed application, the City Clerk shall forward the application to the
Council for action at its next regularly scheduled Council meeting. If the
Clerk shall determine that an application is incomplete, he or she shall
return the application to the applicant with notice of the information
necessary to make the application complete.
B. Action.
The Council may either approve or deny the license, or it may delay action
for such reasonable period of time as necessary to complete any
investigation of the application or the applicant it deems necessary. If the
Council shall approve the license, the Clerk shall issue the license to the
applicant. If the Council denies the license, notice of the denial shall be
given to the applicant along with notice of the applicant's right to appeals
the Council's decision.
C. Term.
All licenses issued under this Ordinance shall be valid for one(1) calendar
year from the date of issue.
D. Revocation or Suspension.
Any license issued under this Ordinance may be revoked or suspended as
provided in the Violations and Penalties section of this Ordinance.
E. Transfers.
All licenses issued under this Ordinance shall be valid only on the
premises for which the license was issued and only for the person to
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whom the license was issued. No transfer of any license to another
location or person shall be valid without the prior approval of the Council.
F. Moveable Place of Business.
No license shall be issued to a moveable place of business. Only fixed
location businesses shall be eligible to be licensed under this Ordinance.
G. Display.
All licenses shall be posted and displayed in plain view of the general
public on the licensed premises.
H. Renewals.
The renewal of a license issued under this section shall be handled in the
same manner as the original application. The request for a renewal shall
be made at least thirty(30) days, but no more than sixty(60) days before
the expiration of the current license. The issuance of a license issued
under this Ordinance shall be considered a privilege and not an absolute
right of the applicant and shall not entitle the holder to an automatic
renewal of the license.
1409.040 Fees.
No license shall be issued under this Ordinance until the appropriate license fee
shall be paid in full. Fees shall be set from time to time by the City Council by
resolution. Foes shall be divided int (2) elasses. Class "A" Tobacco
License shall be required for any retail establishment which sells tebaeee
tebaeeo,
duets of tebaeee felated de ' tobacco, tobacco products, tobacco related
devices, or electronic delivery devices in cartons or other packaging containing
more than a single pack or other container as described in Section 200, Subd. 5.
A Class `B"Tobacco License shall be required for any retail establishment selling
only individually packaged tobacco or tobacco products wrapped individually for
sale.
1409.050 Basis for Denial of License.
The following shall be grounds for denying the issuance or renewal of a license
under this Ordinance, and if a license is mistakenly issued or renewed to a person,
it shall be revoked upon the discovery that the person was ineligible for the
license under this Section.
A. The applicant is under the age of eighteen( 4)21 years.
B. The applicant has been convicted within the past five (5) years of any
violation of a Federal, State, or local law, ordinance provision, or other
regulation relating to tobaeee, tobaceo pfodtiets,
[01501-03890,2843033/1]
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Page 14 of 24
dev-ieestobacco, tobacco products, tobacco related devices, or electronic
delivery devices.
C. The applicant has had a license to sell , or
t6bdCk -Fleidted deVieeStobacco. ""'o products, tobacco related devices
or electronic delivery devicc�revoked, in the City or at any other place,
within the preceding twelve(12)months of the date of application.
D. The applicant fails to provide any information required on the application,
or provides false or misleading information.
E. The applicant is prohibited by Federal, State, or other local law, ordinance,
or other regulation, from holding such a license.
1409.060 Prohibited Sales.
It shall be a violation of this Ordinance for any person to sell or offer to sell any
tobacco, tobacco product, or tobacco related device:
A. To any person under the age of eighteen ( 8)21 years.
B. By means of any type of vending machine.
C. By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of a licensed premises in
order to receive the tobacco, tobacco product, or tobacco related device.
D. By means of"loosies" as defined in Section 200, Subd. F of this
Ordinance.
E. Containing opium, morphine,jimson weed, bella donna, strychnos,
cocaine,marijuana, or other type of deleterious,hallucinogenic, or toxic or
controlled substance except nicotine and not naturally found in tobacco or
tobacco products.
F. By any other means or to any other person, prohibited by Federal, State, or
other local law, ordinance provision, or other regulation.
1409.070 Vending Machines.
It shall be unlawful for any person licensed under this Ordinance to allow the sale
of tobacco, tobacco
products, tobacco related devices, or electronic delivery devices by the means of a
vending machine.
1409.080 Self-Service Sales.
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It shall be unlawful for a license under this Ordinance to allow the sale of tobae6a,
tobacco, tobacco products, tobacco
related devices, or electronic delivery devices by any means whereby the
customer may have access to such items without having to request the item from
the licensee or the licensee's employee. All , of tobaeee
related devieestobacco, tobacco part,. cts, tobacco related devices, or electronic
delivery devices shall be stored behind a counter or other area not freely
accessible to customers.
1409.090 Responsibility.
All licensees under this Ordinance shall be responsible for the actions of their
employees in regard to the sale of tobaece, tobaeee pfedtiets,
devieestobacco, tobacco products, tobacco related devices, or electronic delivery
devices on the licensed premises, and the sale of such a item by an employee shall
also be considered a sale by the license holder, and each can be held responsible
for any criminal and/or civil penalties imposed herein.
1409.100 Compliance Checks and Inspections.
All licensed premises shall be open to inspection by the City Police or other
authorized City official during regular business hours. From time to time, but at
least once per year, the City shall conduct compliance checks by engaging mieers
persons under the age of 21 to enter the licensed premises to attempt to purchase
tobacco, tobacco products,
tobacco related devices, or electronic delivery devices. A person under the age of
21 Mine 1 used for the purpose of compliance checks shall not be guilty of
unlawful possession of ,
devieestobacco, tobacco products, tobacco related devices, or electronic delivery
devices when such items are obtained as a part of the compliance check. Retail
establishments possessing a Class "A" License shall be subject to at least two (2)
compliance checks per year.
1409.110 Other Illegal Acts.
Unless otherwise provided, the following acts shall be a violation of this
Ordinance.
A. Illegal Possession.
It shall be a violation of this Ordinance for any minor to have in his or her
possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors-person under the age of 21 lawfully
involved in a compliance check on behalf of the City.
B. Illegal Use.
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Page 16 of 24
It shall be a violation of this Ordinance for any minor to smoke, chew,
sniff, or otherwise use any tobacco, tobacco product, or tobacco related
device.
C. Illegal Procurement.
I It shall be a violation of this Ordinance for any miner--person under the age
of 21 to purchase or attempt to purchase or otherwise obtain any tobacco,
tobacco product, or tobacco related device, and it shall be a violation of
this Ordinance for any person to be sell or otherwise provide any tobacco,
tobacco product, or tobacco related device to any person under the age of
21 mixer, and it shall further be a violation for any person to coerce or
attempt to coerce a person under the age of 21 minefto illegally purchase
or otherwise obtain or use any tobacco, tobacco product, or tobacco
related device. This subdivision shall not apply to persons under the age
of 21-ff4ners lawfully involved in a compliance check on behalf of the
City.
D. Use of False Identification.
I It shall be a violation of this Ordinance for any person under thea e of 21
yearsmiflo-to attempt to disguise his or her true age by the use of a false
form of identification, whether the identification is that of another person
or one on which the age of the person has been modified or tampered with
to represent an age older than the actual age of the person. This
subdivision shall not apply to minors lawfully involved in a compliance
check on behalf of the City.
1409.120 Violations and Penalties.
A. Criminal Penalty.
Any person 21 years of age or older who sells gives or otherwise
furnishes tobacco, tobacco-related or electronic delivery devices to a
person under the age of 21 years is guilty of a petty misdemeanor for the
first violation. Whoever violates this a subsequent time within five years
of a previous conviction is guilty of a misdemeanor.
Any pe Y'� fif , yr atio ,platingany ,file of this
Ofdiaanee shall be guilty of a misdemeanor. Eaek violation and evet=y day
J Y
in whieh a vielationeeeur-s E)fntintie shall , nstit„t„ a separate ogan
se
A person under the age of 21 years who purchases or attempts to purchase
tobacco, tobacco-related devices or electronic delivery devices shall be
subject to an alternative civil penalty in accordance with subdivision C of
this Ordinance.
B. Civil Penaltiesy.
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The provisions of the City of Oak Park Heights Civil Penalty Ordinance,
Chapter 208, shall apply to any and all licenses issued hereunder. If a
retail establishment has its tobacco license suspended pursuant to a
hearing conducted under the City's Civil Penalty Ordinance, that retail
establishment shall, during the period of suspension, remove all tebaeeo,
tobacco, tobacco oi-o(hIcts-
tobacco related devices, or electronic delivery devices away from public
view.
a. The following designated civil penalties shall constitute advisory
guidelines for City Council action in cases of violation by licensees
of City issued tobacco licenses. It is understood the City Council
may deviate from these advisory guidelines based upon compelling
circumstances presented in individual cases.
SALE OF TOBACCO TO A PERSON UNDER THE AGE OF 21
(OR PERMIT A PERSON UNDER THE AGE OF 21 TO USE
TOBACCO PRODUCTS ON THE LICENSED PREMISES)•
First Offense: Five Hundred Dollars ($500) civil fine.
Second Offense: One Thousand Dollars ($1 000) civil fine and one
five-day license suspension (Monday through Friday).
Third Offense: One Thousand Five Hundred Dollars ($1,500) civil
fine and a ten-day license suspension [to include at least one
weekend day(Friday or Saturday)].
Fourth or Subsequent Offense: At City Council Discretion.
b. The above sanctions shall be issued and calculated as against all
offenses occurring within a 24-month consecutive period counting
back from the date of the most recent violation. Any violations
having occurred beyond 24 consecutive months prior to the most
recent violation shall not be counted in terms of imposing the
sanctions noted above.
C. Any license holder who has had their license or pen-nits suspended
or revoked pursuant to City action shall not be allowed to operate
the activity which required the license until the license is
reinstated. Any operation during a period of suspension or
revocation shall be deemed to be an additional violation of the
City's Tobacco License Ordinance and of state law subject to
[01501-03890/2843033/11
9
Page 18 of 24
additional civil penalties, up to and including permanent license
revocation.
C. Alternative Civil Penaltv
Law enforcement and court system representatives shall consult as
applicable, with interested persons including but not limited to parents
guardians, educators, and persons under the age of 21 years to develop
alternative civil penalties under the age of 21 years who purchases or
attempts to purchase tobacco, tobacco-related decides or electronic
delivery services and who uses false identification to misrepresent the
person's age. Consulting participants shall consider a variety of alternative
civil penalties including but not limited to tobacco-free education
programs, community services court diversion programs and tobacco
cessation programs, and for persons under the age of 18 years notice to
schools and to parents or guardians. Alternative civil penalties under this
subdivision shall not include fines or monetM penalties
1409.130 Exceptions and Defenses.
Nothing in this Ordinance shall prevent the providing of tebaeeo, tabaeee
tobacco, tobacco products, tobacco related
devices, or electronic delivery devices to a minor as part of a lawfully recognized
religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the
violation of this Ordinance for a person to have reasonably relied on proof of age
as described by State Law.
1409.140 Severability and Savings Clause.
If any section or portion of this Ordinance shall be found unconstitutional or
otherwise invalid or unenforceable by a Court of competent jurisdiction, that
finding shall not serve as an invalidation or effect the validity and enforceability
of any other section or provisions of this Ordinance.
1409.150 Restriction on Age of Clerks.
It shall be illegal for a retail establishment to cause or permit a minor to sell
tobacco, tobacco products
tobacco related devices, or electronic delivery devices. It shall also be illegal for
any minor to sell tobacco,
tobacco products tobacco related devices or electronic delivery devices.
1409.160 Sime.
Anyone holding a tobacco license under the provisions of this Ordinance shall
post and display, in plain view of the general public, on the licensed premises a
sign indicating that it is illegal to sell , or-tobaeeo
related devicestobacco, tobacco products, tobacco related deN,Ices. or electronic
delivery devices to anyone under the age of eighteen (1 8)21 years and that the
[0 1501-03890/2843033/11
10
Page 19 of 24
possession and use of such items by minors is also illegal under both State law
and local ordinance. Said signs shall be of a type approved by City staff and
issued to a retail establishment at the time that a license is obtained. The cost of
said sign shall be included within the licensing fee.
1409.170 Product Sampling.
Notwithstanding any exceptions for tobacco product shops as set forth in the
Minnesota Indoor Clean Air Act, no licensee shall directly or indirectly permit
smoking or use of their sale products in and upon the licensed premises. All
licensees under this chapter shall be responsible for the actions of their employees
and patrons in regard to any smoking or consumption in and upon the licensed
premises.
I Revised by the City Council May 13, 2014.
Revised by the City Council May 11 2021.
[01501-03890/2843033,11
11
Page 20 of 24
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1404.03 Lieense C
Tile !;L�e 4w evel:y licellse shall I;@ as established by Council r-esokition, fi-t)m iiiije to time. 4i-ve4:y
license shail eNpire on 3E'iSSiiet i3 {E'i= Eli}tom
, }3aiTi=i a iiic+ii3Hi Jt '
1£f`HS@—Zicewses shall no; be iratisfei!ahle Hile- Hi3-4A another:
1404.04---- be Displayed,
zEyef: - liee sse 4 be k-ep" ,1t- mi „t:4t ,i tile t' ,,-t, , a
No lieellse shall he issued exeepi to a pel"Skw of good mol-al dml-atiter-.
B.No liee!lse Shall he issued to an applioant t�qf- the
_ any
established plaee of business. No lieense shall be issued t;Bf�h -etles at a
+'business. fief start afiy one license e he issued t.,. :: e sale-
business,
,al business:
1C--NO eigaretles, -,H�f�-tll--iiia--j�£'�HH-i+Ht�i-40 �l•�tH� liase-1�'-!;ai}1L'-tti}E�E3State-!aw.
1
Page 21 of 24
4+a-,-,-tietmtiVeilIi e-H-44i iih1r; ;;c',ijee 'HILI jilt
U{Ott e0flVic 440reo .shall bete iii- 4ed4 tt4fie,-t . ` SeNten u. „t...a4�k�t�i3ts4�F#f�t►E�
01. cmc. „a: .,., � days.rte b4
2
Page 22 of 24
RESOLUTION NO.01-02- 13
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
RESOLUTION OF THE CITY COUNCIL APPROVING
ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL
PENALTIES FOR THE VIOLATION OF STATE LAW
REGARDING THE SALE OR FURNISHING OF
TOBACCO TO MINORS
WHEREAS, Minnesota Statute §609.685 provides that it is a misdemeanor to sell,
barter, furnish or give tobacco to a person under 18 years of age; and a gross misdemeanor for a
second violation within five years;and
WHEREAS, the City conducts regular compliance checks to ensure that those
establishments holding municipal tobacco licenses in the City of Oak Park Heights are in
compliance with the state statute, In the event that a tobacco license establishment is proved to have
violated state law,then the Council is called upon to determine how to proceed properly;and
WHEREAS,the City Council, upon proof of violation of state law,may revoke the
• license or permit, suspend the license or permit for a period of time and/or impose a civil penalty for
each violation,or impose any combination of these sanctions.
NOW, THEREFORE, in order to guide the City Council and in order to create a
uniform system for dealing with these violations, the City Council for the City of Oak Park Heights
does hereby approve the following:
1. BE IT RESOLVED that the following designated civil penalties shall
constitute advisory guidelines for City Council action in cases of violation of City issued tobacco
licenses. It is understood that the Council may deviate from these advisory guidelines based upon
compelling circumstances presented in individual cases.
SALE OF TOBACCO TO MINORS
(OR PERMIT A PERSON UNDER THE AGE OF 18 YEARS TO
USE TOBACCO PRODUCTS ON THE LICENSED PREMISES):
First Offense: Five Hundred Dollars($500)civil fine.
Second Offense: One Thousand Dollars($1,000)civil fine and one five-day license
suspension(Monday through Friday).
Third Offense: One Thousand Five Hundred Dollars($1,500)civil fine and a ten-
day license suspension[to include at least one wockend day(Friday or Saturday)) .
i
Fourth or Subsequent Offence: At City Council discretion.
2. BE IT FURTHER RESOLVED that it is the policy of the City Council
that the above sanctions shall be issued and calculated as against all offenses occurring within a 24-
consecutive month period from the date of the most recent violation. Any violations having
occurred beyond 24consecutive montes prior to the most recent violation shall not be counted in
terms of imposing the sanctions noted above.
3. BE IT FURTHER RESOLVED that if the City Council imposes a civil
fine,the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable
time to pay means that all fines shall be paid within 60 days unless the Council determines that a � (.n,ned
longer period of time is justified under the circumstances of the case. Failure of a license holder to in 6 hJ
pay a fine within the time prescribed by the City Council shall cause that license to be immediately ',;��I co i
suspended until full payment is received by the City. LCI
4. BE IT FURTHER RESOLVED that any license holder who has had their
license or permits suspended or revoked pursuant to City action shall not be allowed to operate the
activity which required the license until the license is reinstated. Any operation during a period of
suspension or revocation shall be deemed to be an additional violation of the City's Tobacco
License Ordinance and of state law.
Passed by the City Council for the City of Oak Park Heights this13 th day of
February 2041
dKBeaudet Mayor
ATTEST:
Thomas Melena
City Administrator
2