City Council Ordinance 253ORDINANCE AMENDMENT NO. 253
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY
ORDAIN THAT TITLE 3 OF THE MONTICELLO CITY ORDINANCE BE
AMENDED BY ADDING THE FOLLOWING CHAPTER PERTAINING TO
SALE OF TOBACCO:
CHAPTER 14
SALE OF TOBACCO
SECTION:
3-14-1:
Definition
3-14-2:
License Required
3-14-3:
Application and Issuance of License
3-14-4:
License Fee
3-14-5:
Displaying of License
3-14-6:
Restrictions
3-14-7:
Revocation of License
3-14-8:
Tobacco Vending Machines
3-14-9:
Appeal
3-14-10:
Responsibility for Agents and Employees
3-14-1: DEFINITIONS:
TOBACCO: As used in this chapter, the term "tobacco" means and includes tobacco
in any form, including, but not limited to, cigarettes, cigars, or bagged, canned, or
packaged product.
SELF-SERVICE MERCHANDISING: The term "self-service merchandising" means
a method of displaying tobacco products other than through a vending machine so
that they are accessible to the public without the intervention of an employee.
3-14-2: LICENSE REQUIRED: No person shall directly or indirectly or by
means of any device or machine keep for retail sale, sell at retail,
exchange, barter, dispose of, or give away any tobacco at any place in the city of
Monticello without first obtaining a license from the City. The sale of tobacco by
vending machine shall require a license under this chapter.
3-14-3: APPLICATION AND ISSUANCE OF LICENSE: Application for a
license shall be made to the City Administrator on a form supplied by
the City. Such application shall state the full name and address of the applicant, the
location of the building and the part thereof intended to be used by the applicant
under the license, the kind of business conducted at the location, and any other
relevant information as shall be required by the application form. Upon the filing of
such application with the Administrator, it shall be presented to the City Council for
its consideration, and, if granted by the Council, a license shall be issued by the City
Administrator upon payment of the required fee.
Ordinance Amendment No. 253
Page 2
3-14-4: LICENSE FEE: The annual license fee shall be an amount established
by the City Council. All licenses shall expire on December 31. For any
license issued after January 1 in any year, the fee shall be computed by prorating the
annual fee over the remaining months or fraction thereof until December 31.
A penalty of fifty percent (50%) of the license fee shall be imposed if license is not
applied for within the same calendar month that first sale of tobacco is made, or
within the first month after the license expires.
3-14-5: DISPLAYING OF LICENSE: 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.
3-14-6: RESTRICTIONS:
(A) Separate licenses shall be issued for the sale of tobacco at each fixed place of
business, and no license shall be issued for a movable place of business.
(B) It is unlawful for any person to sell, furnish, or give away any tobacco in any
form to any person under the age of eighteen (18) years.
(C) It is unlawful for any person to keep for sale, sell, or dispose of any tobacco in
any form containing opium, morphine, near jimson weed, bella donna,
strychnos, cocaine, marijuana, or any other deleterious or poisonous drug
except nicotine.
(D) It is unlawful for any person to offer for sale any tobacco product by means of
self-service merchandising other than through a licensed tobacco vending
machine according to Section 3-14-8.
3-14-7: REVOCATION OF LICENSE: Every license granted under this chapter
may be revoked, suspended, or not renewed by the City Council, for any
of the following reasons:
(A) Violation of Section 3-14-5 (B) or any other provision of this chapter.
(B) Violation of Minnesota Statutes, Section 609.685, relating to sale of tobacco to
persons under eighteen (18) year of age.
(C) Failure of the license holder to monitor, supervise, and control the purchase
of tobacco from a vending machine so as to prevent the purchase of tobacco
from a vending machine by persons under eighteen (18) years of age.
Ordinance Amendment No. 253
Page 3
The City Council shall suspend a license issued under this chapter for a minimum
of three (3) days on a first violation of any section of this ordinance or the license
holder may opt to pay a $250 fine in lieu of license suspension. The City Council
shall suspend a license for a minimum period of thirty (30) days for a second violation
within a three (3) year period. The City Council shall revoke a license for a third
violation occurring within thirty-six (36) months of the second violation for a period
of one (1) year.
The licensee shall be sent written notice at least ten (10) days in advance informing
the licensee of the specific ordinance or statutory violation upon which any
suspension or revocation would be based, and the licensee has the right to be
represented by counsel and present evidence on its behalf.
3-14-8: TOBACCO VENDING MACHINES: No license shall be issued for a
tobacco vending machine located in a public accommodation as defined
in Minnesota Statutes, Section 363.01, Subdivision 18, with the following exceptions:
(A) A tobacco vending machine may be located in an area within a factory,
business, office, or similar place not open to the general public, to which
persons under eighteen (18) year of age are not generally permitted access.
(B) A tobacco vending machine may be located in an on -sale alcoholic beverage
establishment, or an off -sale liquor store, upon the following conditions:
1. The tobacco vending machine shall be located within the immediate
vicinity and plain view of a responsible employee, so that all tobacco
purchases will be readily observable by that employee; the tobacco
vending machine shall not be located in a coatroom, restroom,
unmonitored hallway, outer waiting area, or similar unmonitored area;
the tobacco vending machine shall be inaccessible to the public when the
establishment is closed.
(C) A tobacco vending machine may be located in other establishments, under the
following conditions:
1. When operated by the activation of an electronic switch operated by an
employee of the establishment before each sale or by the insertion of
tokens or a key sold or given by an employee of the establishment.
2. The tobacco vending machine shall be located within the immediate
vicinity and plain view of a responsible employee, so that all tobacco
purchases will be readily observable by that employee; the tobacco
vending machine shall not be located in a coatroom, restroom,
unmonitored hallway, outer waiting area, or similar unmonitored area;
the tobacco vending machine shall be inaccessible to the public when the
establishment is closed.
Ordinance Amendment No. 253
Page 4
3-14-9: APPEAL:
(A) Notice. If the City Council suspends or revokes a license, the City
Administrator 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 Council within ten (10)
days of receiving notice of the City's action. The filing of an appeal stays the
action of the City Council in suspending or revoking a license until the City
Council makes a final decision.
(B) Procedure. The City Council shall hear the matter and make a report of the
findings. 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 on its behalf. At the conclusion of the hearing, the City
Council shall make a final decision.
3-14-10: RESPONSIBILITY FOR AGENTS AND EMPLOYEES: Every act or
omission constituting a violation of any of the provisions of this section
by an officer, director, manager, or other agent or employee of any licensee shall be
deemed and held punishable in the same manner as if the licensee personally
committed the act or omission.
Published in the Monticello Times 8/11/94.