HomeMy WebLinkAbout5E Tobacco Ordinance Amendment t~
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4646 Dakota Street SE
Prior Lake,MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY,13 2015
AGENDA#: 5E
PREPARED BY: MARK ELLIOTT, CHIEF OF POLICE
PRESENTED BY: MARK ELLIOTT, CHIEF OF POLICE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 308
OF THE PRIOR LAKE CITY CODE RELATING TO TOBACCO
DISCUSSION: Introduction
The purpose of this agenda item is to amend the city tobacco ordinance
section 308.803(2) Civil Penalties, and section 308.903 Instructional
Program.
History
The tobacco ordinance has not been updated in several years. There
seems to be a desire to amend the ordinance to have it more reflective of
neighboring cities penalties. Minnesota statute 461.12 Municipal License
of Tobacco, Tobacco-related Devices, and Similar Products, allows cities
to set tobacco ordinance provisions and administrative penalties.
Regulations issued by the U.S. Food and Drug Administration (FDA)
require tobacco retailers to sell cigarettes and smokeless tobacco only to
people age 18 and older. Minnesota law requires that all tobacco vendors
be licensed and have at least one unannounced tobacco compliance check
conducted annually. A compliance check is a tool to identify tobacco retail
establishments that sell tobacco to underage youth. A person under age 18
attempts to purchase a tobacco product while a law enforcement officer
observes or waits outside the premises. The underage person is instructed
to not attempt to look older or lie about their age or use a false ID. If the
young person is successful in purchasing tobacco, the enforcement agent
issues a criminal citation to the clerk and an administrative citation to the
license holder. Regular compliance checks enforce this regulation and help
create a social norm that purchasing tobacco is illegal for youth under the
age of 18.
In 2014 the police department conducted compliance checks on two
separate dates. 21 checks were completed with 2 failures, both first
violations. Also last year we had one violation discovered that was not
during a compliance check, but through an officers observation. That
violation was a second violation within 36 months for that business. During
that investigation the clerk who sold to the minor claimed to have checked
the ID of the minor several months prior and believed that the minor was of
legal age and relied on her recollection of that prior transaction as proof of
age for the violation sale.
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
Current Circumstances
Recently there was some discussion about the City of Prior Lake's tobacco
ordinance penalties and whether they were consistent with other
community's penalties. After the last license suspension imposed by the
city council for a violation, the business expressed concern that under the
current ordinance, another violation would mean a revocation of their
license and effectively, put the store out of business due to the economic
impact of a two year revocation.
This issue was referred to the Community Safety Advisory Committee.
After reviewing ordinances from several other surrounding cities, and
subsequent discussion regarding the civil penalties for tobacco violations,
the Community Safety Advisory Committee has made the following
recommendations:
308.803
(2)
Civil Penalties: Each license issued hereunder shall be subject to
suspension or revocation for violation of any provisions of this chapter or
the laws of the state of Minnesota as follows:
a. First Violation: The first violation of this chapter shall be punishable
by a civil penalty of five hundred dollars ($500.00) and a suspension of the
license for three (3) consecutive days.
b. Second Violation: A second violation of this chapter within any
twenty four (24) month period shall be punishable by a civil penalty of
seven hundred fifty dollars ($750.00) and a suspension of the license for
five (5) consecutive days.
c. Third Violation: A third violation of this chapter within any twenty
four(24) month period shall be punishable by a civil penalty of one
thousand dollars ($1,000.00) and a suspension of the license for ten (10)
days.
d. Subsequent Violation: A fourth or subsequent violation of this
chapter within any thirty six (36) month period may be punishable by
revocation of the license. Any licensee whose license is revoked under this
section shall not be eligible for renewal for a period of two (2) license years
after the revocation.
This information was presented to the city council at the June 22, 2015
meeting and the council asked for several additional changes to the
proposed ordinance amendment. Specifically that permissive language in
the penalties be changed to restrictive, make the third violation penalty
consecutive days, and language requiring checking ID's on every
transaction be included in the ordinance.
As such the following changes were made with additional language
highlighted and removed language stricken:
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308.803
(2)
Civil Penalties: Each license issued hereunder shall be subject to
suspension or revocation for violation of any provisions of this chapter or
the laws of the state of Minnesota as follows:
a. First Violation: The first violation of this chapter shall be punishable
by a civil penalty of five hundred dollars ($500.00) and a
suspension of the license for three (3) consecutive days.
b. Second Violation: A second violation of this chapter within any
twenty four(24) month period shall be punishable by a civil penalty of
seven hundred fifty dollars ($750.00) and a suspension of the license for
five (5) consecutive days.
c. Third Violation: A third violation of this chapter within any twenty
four (24) month period shall be punishable by a civil penalty of one
thousand dollars ($1,000.00) and a suspension of the license for ten (10)
consecutive days.
d. Subsequent Violation: A fourth or subsequent violation of this
chapter within any thirty six (36) month period ma.y shall be punishable by
revocation of the license. Any licensee whose license is revoked under this
section shall not be eligible for renewal for a period of two (2) license years
after the revocation.
308.309
Instructional Program.
No person shall be issued a license or renewal license to sell tobacco-
related products unless an applicant or license holder has an approved
program for instructing all employees at the business premises for which
the license was issued, in the legal requirements pertaining to the sale of
tobacco-related products, including, but not limited to, reviewing the law on
the sale of tobacco-related products, providing information on the health
risks of using tobacco-related products, and requiring employees to
request identification from every customer who appears to be under 27
years of age on every transaction. No license shall be issued unless the
applicant or license holder signs a City form attesting that each employee
of the applicant or license holder has received training and instruction on
the sale of tobacco-related products and the date such training occurred.
The training shall include information that the sale of tobacco-related
products to minors is illegal, explains what proof of age is legally
acceptable, and that a sale to a minor can subject the applicant or license
holder and their employees to criminal and/or civil liability.
Conclusion
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It is recommended that the city amend the city code, section 308, as per
recommended by the Community Safety Advisory Committee and
amended by the City Council.
ISSUES: These penalties were taken from Lakeville's ordinances and are similar to
some other south metro cities. Compared to the current ordinance, the
penalties to the license holder are more severe on the front end but adds
an additional violation before a license revocation takes place.
The following changes were made. Instead of having a 36 month look back
period the proposed ordinance has a 24 month except for step 4. The
proposed first step now has both a fine penalty and suspension rather than
fine only. The second step had a suspension of up to 21 days rather than
the five called for in the new ordinance. The third step was revocation for
two years. Prior Lake was the only community the committee looked at that
had a revocation in step 3.The new third step is $1000 and 10 consecutive
days. Only in the fourth step is there a mandatory two year revocation for
four violations within a 36 month period. Attached is a Tobacco Penalty
survey completed for other area cities for council information.
The issue of what level of fine and license suspension or revocation is
appropriate for each violation is at the discretion of the city council. The
public safety goal is to have full compliance through diligent business
practices adopted by the license holder and followed by the business
employees. The license holder should have a training program for each
employee, and business practices that encourage compliance with the law.
The city ordinance should have penalties that deter violations in a manner
that is fair and equitable and encourages compliance by the license holder
and the businesses employees.
There appeared to be council consensus on all of the highlighted changes.
The single item that received some discussion without a unified conclusion
was whether to include suspension for the first violation and the number of
days of the suspension if included.
Owing to the lack of consensus and the length of tonight's agenda the staff
took the liberty of retaining the suspension at three days as originally
proposed by the CSAC and placed this item on the consent agenda for
disposition. Any councilmember can, of course, remove the item from
consent if desired.
FINANCIAL No financial impact
IMPACT:
ALTERNATIVES: 1. Adopt the Ordinance amendments to Section 308 as recommended
by the Community Safety Advisory Committee and City Council.
2. Adopt another amendment to Section 308.
3. Leave The Ordinance as it currently is.
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4. Deny this agenda item for a specific reason and provide staff with
direction.
RECOMMENDED Motion and second to approve Alternative #las part of the consent
MOTION: agenda.
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Local Tobacco Violation Penalties
Prior Lake Bloomington Burnsville Lakeville Savage Shakopee Waconia State
1st $150-500 $250 $500+3 $500+3 $500+ $500+ $75 $75
Viol day susp day susp 3day susp 1day susp
2nd $700+7- $500 $500+ $500+ $750+ $750+ $200 $200
Viol 21 day 5day susp 5day susp 5day susp 5day susp
susp
3rd Revocation $600+7day $1000+10 $1000+10 $1000+ $1000+ $250+ $250
Viol for 2 years susp day susp day susp 10day susp 30day 7day +
susp susp 7day
susp
4th Revoke or, Revocation Revocation $2000+12 revocation
Viol $2000+up day susp up to 12
to 60 day Revocation mo
susp on 5th
Time 36 mo 5 years 1-3, 24mo/ 1-3, 24mo/ 1-3,24mo/ 36 mo 24 mo 24
frame 4th, 36 mo 4th, 36 mo 4th+, 36 mo
mo
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tri4646 Dakota Street SE
40Mvsso'tr Prior Lake,MN 55372
RESOLUTION 15-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, On July 13, 2015 the City Council adopted Ordinance No. amending Part 3
of the Prior Lake City Code by amending portions of subsection 308.803 relating
to civil penalties for tobacco license violations and subsection 308.309 relating to
instructional program; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the Ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Part 3 of the
Prior Lake City Code and has determined the publication of a summary of this
ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. is lengthy.
3. The text of summary of Ordinance No. , attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after
PASSED AND ADOPTED THIS 13th DAY OF JULY 2015
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
Exhibit A
SUMMARY ORDINANCE NO.
CITY OF PRIOR LAKE
ORDINANCE NO.
AN ORDINANCE AMENDING PART 3 OF THE PRIOR LAKE CITY CODE BY
AMENDING SUBSECTION 308.803 RELATING TO CIVIL PENALTIES FOR TOBACCO
LICENSE VIOLATIONS, AND SUBSECTION 308.903 RELATING TO INSTRUCTIONAL
PROGRAM.
The following is only a summary of Ordinance No. . The full text will be
available for public inspection after by any person during regular office hours
at City Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends subsection 308.803 relating to the civil penalties for
tobacco license violations, and subsection 308.309 relating to instructional program;.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 13th Day of July 2015.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Summary published in the Prior Lake American on the day of , 2015.
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PRip601 4646 Dakota Street SE
Prior Lake. MN 55372
4f/NNEso'tt*
CITY OF PRIOR LAKE
ORDINANCE NO.
AN ORDINANCE AMENDING PART 3 OF THE PRIOR LAKE CITY CODE BY AMENDING
SUBSECTION 308.803 RELATING TO CIVIL PENALTIES FOR TOBACCO LICENSE
VIOLATIONS AND SUBSECTION 308.309 RELATING TO INSTRUCTIONAL PROGRAM.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 308 is hereby amended by deleting subsection 308.803 (2) in
its entirety and replacing it with the following:
(2) Civil Penalties: Each license issued hereunder shall be subject to suspension or
revocation for violation of any provisions of this chapter or the laws of the state of
Minnesota as follows:
a. First Violation: The first violation of this chapter shall be punishable by a
civil penalty of five hundred dollars ($500.00) and a suspension of the license for
three (3) consecutive days.
b. Second Violation: A second violation of this chapter within any twenty four
(24)month period shall be punishable by a civil penalty of seven hundred fifty
dollars ($750.00) and a suspension of the license for five (5) consecutive days.
c. Third Violation: A third violation of this chapter within any twenty four
(24) month period shall be punishable by a civil penalty of one thousand dollars
($1,000.00) and a suspension of the license for ten(10) consecutive days.
d. Subsequent Violation: A fourth or subsequent violation of this chapter
within any thirty six (36) month period shall be punishable by revocation of the
license. Any licensee whose license is revoked under this section shall not be
eligible for renewal for a period of two (2) license years after the revocation.
Section 2. City Code Section 308 is hereby amended by deleting subsection 308.903 in its
entirety and replacing it with the following:
Instructional Program:
No person shall be issued a license or renewal license to sell tobacco-related
products unless an applicant or license holder has an approved program for
instructing all employees at the business premises for which the license was issued,
in the legal requirements pertaining to the sale of tobacco-related products,
including, but not limited to, reviewing the law on the sale of tobacco-related
products, providing information on the health risks of using tobacco-related
products, and requiring employees to request identification from every customer
who appears to be under 27 years of age on every transaction. No license shall be
issued unless the applicant or license holder signs a City form attesting that each
employee of the applicant or license holder has received training and instruction on
the sale of tobacco-related products and the date such training occurred. The training
shall include information that the sale of tobacco-related products to minors is
illegal, explains what proof of age is legally acceptable, and that a sale to a minor
can subject the applicant or license holder and their employees to criminal and/or
civil liability.
Section 3. This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this day of , 2015.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Summary published in the Prior Lake American on the day of , 2015.
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