HomeMy WebLinkAboutOrdinance 1670ORDINANCE NO. 1670
BEING AN ORDINANCE AMENDING CHAPTER 5.3 (TOBACCO REGULATIONS) OF THE COLUMBIA HEIGHTS CITY
CODE TO REVISE PURPOSE AND INTENT, DEFINITIONS, LICENSE, PROHIBITED SALES, LICENSE HOLDER
RESPONSIBILITY, COMPLIANCE CHECKS AND INSPECTIONS, AND VIOLATIONS AND PENALTIES
The City of Columbia Heights does ordain:
Section 1
5.301 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.301 PURPOSE AND INTENT.
Because the e4ty CSC recognizes that the sale of commercial tobacco, tobacco -related devices, electronic
delivery devices, and nicotine or lobelia delivery products to ff�a�persons under the age of 21 yeaFS PUFGh
or etheFWiSe obtain, possess and use tobacco, tebaeea pr-eduras, tobacce related devices, BRd eleetFeni
violates both state and federal laws;
and because studies, which the hereby aGEepts and adepts, have shewn show that mng crn^k^Fs begin
smeking befGre they have Feaehed the age of 21 years and that th%e peF5eRS WhO reach the age of 21 years
vouth and voung adults are
especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco
retail environments; and because smek+ng commercial tobacco use has been shown to be the cause of several
many serious health problems which subsequently place a financial burden on all levels of government; this
artWe-le shall be ordinance is intended to regulate the sale, ;wd ,P of commercial tobacco, 9
ems; tobacco --related devices, electronic EigaFette delivery devices and nicotine or lobelia deliver
products for the purpose of enforcing and furthering existing laws, to protect FRiAeFS youth and young adults
against the serious effects associated with the illegal use of to Weee,
and initiation, and to further the official public policy of the state +rf
FegaFd to preventing young people from starting to smoke, as stated in M.S. § 144.391, as it may be amended
from time to time.
(Ord. 1371, passed 5-11-98; Am. Ord. 1616, passed 10-27-14)
Section 2
5.302 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.302 DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly
accepted definitions. For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CHILD -RESISTANT PACKAGING. PackaRinR that meets the definition set forth in Code of Federal Regulations,
title 16, section 1700.15(b)as in effect on JanUarY 1 2015 and was tested in accordance with the method
described in Code of Federal Regulations. title 16, section 1700.20, as in effect an_J_anuary 1, 2015.
CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in anv other substance containing tobacco, with
or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3, as it may
be amended from time to time.
Ordinance 1670 Tobacco Regulations
City of Columbia Heights - Ordinance
Page 2
COMPLIANCE CHECKS. The system the eity City uses to investigate and ensure that those authorized to sell
licensed products, tebacc^ Felated devices,
and „!eEtFeR'E 60aFette devices are following
and complying with the requirements of this article. Compliance checks shall involve the use of mi
abet efi2ed by WS a.tir::I , persons under the age of 21 who purchase or attempt to purchase licensed
products.
puFposes as -ai-A-ho—rized- by state and federal laws, Compliance checks may also be conducted by the City or
other units of government for tie educational, resea_rch,_and training purposes or for investigating of or
enforcing apffOffiate federal, state, or local laws and regulations relating to licensed
products, tabaecia elated devices,
and eleCtFORiG eir*aFette deyi.-nS
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any oth
substance, whether natural or synthetic. intended for human consumption through the inhalation of aerosol
or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured,
marketed or sold as e-cigarettes,e-cigars,e- i es va e PeIIS, mods tanks stems or under any other
product name or descriptor. Electronic delivery device includes any com onent part of a product, whether or
not marketed or sold separately. Electronic delivery device does not include any nicotine cessation_ product
that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drugs,"
"devices." or "combination products," as defined in the Federal Food Drug, and Cosmetic Act.
FLAVORED PRODUCT. Anv licensed product that contains a taste or smell, other than the taste or smell of
tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the
product, including, but not Limited to, any taste or smell relating to chocolate,_ cocoa, rnenthol, mint,
wintergreen,, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb. or spice. A public statement
or claim, whetherexpressed or implied. made or disseminated by the manufacturer of a licensed product, or
by any person authorized or permitted by the manufacturer to make or disseminate public statements
concerning such products, that a product has or produces a taste or smell other than a taste or smell of
tobacco will constitute oresumotive evidence that the aroduct is a flavored product.
INDOOR AREA. All space between a floor and a ceiling that is bounded igy walls, doorways, or windows,
whether opened or closed, covering more than 50 percent of the combined surface area of the vertical planes
constituting the perimeter of the area. A wall includes any retractable divider, ,garage door, or other physical
barrier, whether temnorary or permanent.
117, •. FARIA r ,
_-
City of Columbia Heights - Ordinance
Page 3
LICENSED PRODUCTS.The term that collectively refers to any tobacco, tobacco -related device, electronic
delivery device, or nicotine or lobelia delivery product
LOOSIES. The common term used to refer to -a single OF i9diVidUall,...-„-t,- oed cigarettes, cigars, and any
other licensed products that have been removed from their original retail packaging and offered for sale.
Loosies does not include premium cigars that are hand -constructed. have a wrapper made entirely from whole
tobacco leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials
used to maintain size. texture. or flavor.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a kiosk, truck, van, automobile or
other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of
structure alithOFized licensed for over-the-counter sales transactions.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or deliverin-R nicotine or lobelia
whether natural or synthetic, intended for human consumption, or any part of such a product, that is not
tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT
does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug
Administration to be marketed and for sale as "drug," "devices," or "combination," as defined in the Federal
Food, Drug, and Cosmetic Act.
RETAIL ESTABLISHMENT. Any place of business where licensed products 9F tebaeee
r.P1;#Pd d^••0e^s are available for sale to the general public. The phrase shall include but not be limited to
tobacco product shops, liquor stores, grocery stores, convenience stores, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE DISPLAY. Open displays of tebaeee, tebaeee licensed products er- whac�e
related deyornC in any manner where any person shall e has access to the tebacc^ tGbB669 licensed
products, er tabacce related devieer without the assistance or intervention of the licensee or the licensee's
employee and where a physical exchange of the licensed product from the licensee or the licensee's
employee to the customer is not re uired in order to access the licensed products. The *..nee ^F
City of Columbia Heights - Ordinance Page 4
SMOKING. Inhaling. exhaling, burning, or carrying anV lighted or heated cigar, cigarette or pipe, or any other
lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant,
whether natural or synthetic, that is intended for inhalation. SMOKING also includes carrying or using
_an
activated electronic delivery device.
■ • • 4
� �
r
TOBACCO ^' rnQnr-,Q PRODUrrc. Any swbstaRE ar item centainiRg+..b aEe product containin
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 any component, part. or accessory of a
tobacco product including but not limited to; cigarettes,; cigars,,-
fie; cheroots,,- stogies,,- perique,,- granulated, plug cut, crimp cut, ready --rubbed, and other smoking
tobacco;: snuff; snuff fleweFs, flour; cavendish;_ shorts, plug and twist tobaccosdippi ,gfine cut and other
chewing tobaccos,,- refuse scraps, clippings, cuttings; and sweepings of tobacco,,- and other kinds and forms of
tobacco. leaf prePOFed OR 151-19-1A manneF as te be suitable fef chewing, Sniffing eF: SRR(31(r R 0. TQ 9 A CCQ
. Tobacco does not
include any nicotine cessation i)roduct that has been authorized by the U.S. Food and -Drug Administratioin to
be marketed and for sale as "drugs," "devices." or "combination products." as defined in the Federal Food,
Drug, and Cosmetic Act.
TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license from the city that
(1) Prohibits persons under 21 from being resent or entering at all times'
(2) Derives at least 90 percent of its gross revenues from the sale of licensed products; and
(3) Meets all of the following building or structural criteria:
(a) Shares no wall with, and has no part of its structure adloined to ally other business or
retailer, unless the wall is permenant, completely opaque. and without doors, windows, and
pass-throughs to the other business or retailer;
(b) Shares no walls with and has no part of its structure directly adjoined to another licensed
tobacco retailer; and
(c) Is accessible by the public only by an entrance door opening directly to the outside.
TOBACCO --RELATED DEVICES. Any rolling papers, wraps, pipes, or other device intentionally designed or
intended to be used with tobacco products. ,as well as a pipe, Felling papers eF otheF de iee iRteRtianal
ly
de5igR2d 9F intended to be used iR a MaRper which enables the Ehewing, sniffing eF smal*ig of tebacce 9F
Tobacco -related devices include components of tobacco -related devices or tobacco products which may be
marketed or sold separately. Tobacco -related devices may or may not contain tobacco.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses
tee.,._ t..baee...... 6UEtS OF t9lgaGGG relator,- devices kensed prodUCtS upon the insertion of money, tokens
City of Columbia Heights - Ordinance
Page 5
or other form of payment d+Feetly-into or onto the machine by the person seeking to purchase the tebacce,
tebaeee .,dwa aFtrebacc . related de ee licensed product.
(Ord. 1371, passed 5-11-98; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1616, passed 10-27-14)
Section 3
5.303 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.303 LICENSE.
(A) License required. No person shall sell or offer to sell any tebaeee,
rel.;lted- deviee licensed product without first having obtained a license to do so from the 64Y CCU.
(B) Smoke Tobocco product shop license. No person shall operate a ;mpke tobacco product shop without first
having obtained a smoke tobacco product shop license to do so from the cry Cam. To qualify for a tobacco
product shop license, the retail establishment must:
(1) Prohibit persons under the age of 21 from being present or entering at all times;
(2) Derive at least 90 percent of its gross revenues from the sale of licensed products; and
(3) Meet all of the followine building or structural criteria:
(a) Share no wall with, and has no part of its structure adloined to any other business or retailer
unless the wall is permenant, completely opaque, and without doors, windows, and pass-
throughs to the other business or retailer;
(b) Share no walls with, and has no part of its structure directly adioined to, another licensed
tobacco retailer: and
(c) Is accessible by the public only by an entrance door opening direct)v to the outside.
At any given time, there shall be no more than three rmnke tobacco product shops, all with appropriate
licenses, throughout the city. Currently existing smoke tobacco product shop establishments should be
granted the first preference to renew their smoke tobacco product shop licenses if they choose to do so.
, indoor samplingfeF all smoke shops shall be larphihitpH Tobacco product shops
must provide financial records documenting annual gross sales, upon request by the City.
(C) Application. An application for a license to sell licensed products,
dues shall be made on a form provided by the 6W CCU. The application shall contain the full name of the
applicant, applicant's date of birth; t#e applicant's residential and business addresses and telephone numbers,
the name of the business for which the license is sought, the name of the business's operator._and any
additional information the eky CCU deems necessary. Upon receipt of a completed application, the Clerk shall
forward the application to the Police Department for a background and record check prior to formal review by
the City Council. If the Clerk shall determine that an application is incomplete, the t l-d,, shall return the
application to the applicant with notice of the information necessary to make the application complete.
(D) Action. The City 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
City of Columbia Heights - Ordinance
Page 6
deems necessary. If the City Council shall approve the license, the Clerk shall issue the license to the
applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with
notice of the applicant's right to appeal the City Council's decision.
(E) Term. All licenses issued under this article shall follow the calendar year with an expiration date of
December 31 of each year and are not pro -rated.
(F) Revocation or suspension. Any license issued under this article may be revoked or suspended as
provided in §5.313:.:1 l I..
(G) Transfers. All licenses issued under this article shall be valid only on the premises for which the license
was issued and only for the person to whom the license was issued. Change of l9eatign ^F applicant will be
ed to be tFeated as a new a�rThe transfer of any license to another location or person is
prohibited.
(H) 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 article.
(1) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed
premise.
(J) 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 30 days but no more than 60 days before
the expiration of the current license.
(K) Issuance as privilege and not a right. The issuance of a license issued under this article 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.
L Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products. is
prohibited within the indoor area of any retail establishment licensed under this ordinance.
(M) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a
nominal cost. The distribution of licensed products as a free donation is prohibited.
(Ord. 1371, passed 5-11-98; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1616, passed 10-27-14; Am. Ord. 1652,
passed 10-8-18) Penalty, see
Section 4
5.304 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.304 FEES.
No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a
license under this article shall be established in the c4+3 City's schedule of fees.
City of Columbia Heights - Ordinance
Page 7
(Ord. 1371, passed 5-11-98) Penalty, see § 5,3135.311
Section 5
5.305 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.305 BASIS FOR DENIAL OF LICENSE.
(A) Grounds for denying the issuance or renewal of a license under this article includes but is not limited to,
the following:
(1) The applicant is under the age of 21 years.
(2) The applicant, or any employee thereof, has been convicted within the past five years of any violation
of a federal, state, or local law, ordinance provision, or other regulation relating to
licensed products, erte acce deviees.
(3) The applicant has had a license to sell tebaeee, licensed products, eF tGbaGEE) Felated deVimat
revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the application, or provides false or
misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from
holding such a license.
(B) However, except as may otherwise be provided by law, the existence of any particular ground for denial
does not mean that oi) -; 'J,ie the Est City to deny the license.
(C) 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 article. The City will provide the license holder with notice of
the revocation, along with information on the right to appeal,
(Ord. 1371, passed 5-11-98) Penalty, see § 5.3135.311
Section 6
5.306 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.306 PROHIBITED SALES.
(A) In aeneral. No person +shall be a vialatiatq of this ar*-i e fer any person eF empleyee 8r FeSPORsible
to sell or offer to sell any licensed product, eF tobacco re',+e-I d,„..,:
(9i) By means of any type of vending machine.
City of Columbia Heights - Ordinance
Page 8
(C7) By means of self-service
r
RFedua'
r
r=�erdisplay. All licensed products must be stored behind the sales counter, in a locked case, in a
storage unit or in another area not freely accessible to the general public. This division shall not apply
t0 °
tobacco p rod uct
shows.
(93) By means of loosies as defined in § 5.302.
(€4) Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, marijuana, or other
deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found
naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the
intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco
products.
(5) By any other means, to any other person, or in any other manner or form prohibited by federal,
state or other local law, ordinance provision, or other regulation.
B Legal aae. No person shall sell anV licensed product to any person under the age of 21.
1 Age verification. Licensees must verify by means ofgovernment-issued photographic identification
containing the bearer's date of birth that the purchaser is at least 21 years of age, Verification is not
required fora person over the age of 30. That the person appeared to be 30 years of age or older does
not constitute a defense to a violation of this subsection.
(2) 5ignage. Notice of the legal sales age, age verification requirement, and possible penalties for
underage sales must be posted prominently in plain view at all times at each location where licensed
products are offered for sale. The required si na e MLIst be posted in a manner that is clearly visible to
anyone who is or is considering making a purchase.
(C) Flavored products. No person shall sell or offer for sale any flavored products. This prohibition does not
applv to licensed tobacco product shops.
(D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains
nicotine. which is intended for human consumption and use in an electronic delivery device, in packaging that
is not child resistant. Upon request by the Ot , a licensee must provide a copy of the certificate of compliance
or full laboratory testing report for the packaging used.
(Ord. 1371, passed 5-11-98; Am. Ord. 1513, passed 9-25-06) Penalty, see § 5.34:35,311
Section 7
City of Columbia Heights - Ordinance
Page 9
5.307 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.309 5.307 LICENSE HOLDER RESPONSIBILITY.
All licensees are responsible for the actions of their employees regarding the sale offer to sel!, and funshin
of licensed products on the licensed premises. The sale offer to sell, or furishing of any licensed product by an
employee shall be considered an act of the licensee. It shall be the license holder's responsibility to provide
training to any employee conducting tebaecme sales and es of +^",^^^ rely ^' licensed products a4d
der+ees and to document proof of such training to be provided upon request by any enforcing agent of the
CMG
(Ord. 1371, passed 5-11-98) Penalty, see § 521 3 5.311
Section 8
5.308 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.521-0- 1 .,SQS COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises s1+9«gust be open to inspection by the city police. law enforcement or other authorized
eity City officials during regular business hours. From time to time, but at least once per year, the e
aty shall
City will conduct compliance checks. by 4h +"^-;+*^.�-GR!;eAt of their parents eF guardians,-
_ rtr � ..
mineFs aveF the age of is yeaFs but less than 21 years to enter the licensed ffemi5e to altempt to puFrhase
shall be swpeFvised by city designated lavi PAfArPP;:APRt Affir-prs eF other- designated Gity peFsennel. NAiRE)FS
used- fR-.r- ruempliance checks shall not be gWilty Of URlaWfUl possessie—P of tobacce, tobacco products, ep tobaEee
r
engaged in a COM pliaRE;e eher--k s-; hall answe F all uestiens about th e m in eF's age asked by th e lir=eRsee or- h
+ exists,
r
nr .- ed fr.r the e-.nf.- FGement of a particular_st-ate r feria ai law. In accordance with state law, the Citv will
conduct a compliance check that involves the participation of a person at least 17 years of age, but under the
age of 21 to enter the licensed premises to attempt to purchase licensed products. Prior written consent from
a parent or guardian is required for any person under the age of 18 to participate in a compliance check.
Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated
personnel.
(Ord. 1371, passed 5-11-98) Penalty, see § 53 1 3
Section 9
5.309 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5. 3 11 _-).--:.0cc OTHER ILLEGAL ACTS.
City of Columbia Heights - Ordinance
Page 10
Unless otherwise provided, the following acts shall be a violation of this article:
IliM. r�a�:� Mr_r-.M.M.rr�
(IAA) Illegal procurement. It shall be a violation of this article for any
t, u--.. u.,- v- -,-, -- r - - - - af....—III — I., Iv w w a......., ate...,---- rl. v.,..,.... ... ....., .,. r..... �..._.r... ... .. ....�, .... .... .. —. ...... -..� .-
Violation of *"is MtjEle feF @RY person aged 21 a older to purchase or otherwise obtain s licensed
products on behalf of a ref person under the age of 21. It shall further be a violation for any person aged
21 or older to sell or otherwise provide any tebaeee, tebacee lir_,_ i_:e_i product, or tobacco related r+e,.;to
any FA P R9F. person under the age of 21, and it shall further be a violation to coerce or attempt to coerce a
miner person under the age of 21 to illegallypurchase or otherwise obtain or use any , tebacee
licensed products, er tobaece relateF' d-evi This division shall not apply to rrT,.,RGFs individuals lawfully
involved in a compliance check.
(E-B) Use of false identification. It shall be a violation of this article for any linerp erson to attempt to
disguise #+s their 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.
(Ord. 1371, passed 5-11-98) Penalty, see § 5.313 5.311
Section 10
5.310 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.312 5.310 EXCEPTIONS AND DEFENSES.
Nothing in this article shall prevent the providing of tobacco, tebaeee pFed ets, or tobacco related devices to
a mines person under the age of 21 as part of a lawfully recognized religious, spiritual, or cultural ceremony. It
shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of
age as described by state law.
City of Columbia Heights - Ordinance
Page 11
(Ord. 1371, passed 5-11-98)
Section 11
5.311 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5.313 5.311 VIOLATIONS AND PENALTyIES.
(A) Violations.
(1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally
or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of W-S their
right to be heard on the accusation.
(2) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the
time and place of which shall be published and provided to the accused violator.
(3) Hearing Officer. The City Council, or representative designated by the City Council, shall serve as the
hearing officer.
(4) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along
with the hearing officers reasons for finding a violation and the penalty to be imposed under division (B) of
this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if
the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such
findings shall be recorded and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the
city in which the alleged violation occurred.
(:�6) Continued violation. Each violation, and every day in which a violation occurs or continues, shall
constitute a separate offense.
(B) Administrative penalties.
(1) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this
article, shall be charged an administrative fine of $7-5 300 for a first violation of this article; $24W 600 for a
second offense at the same licensed premises within a -2436-month period; and $2-5A 1,000 for a third or
subsequent offense at the same location within a -24 36-month period. In addition, after the third offense, the
license shall be suspended for not less than seven days. Upon a fourth violation within a 36-month period, the
license will be revoked.
City of Columbia Heights - Ordinance
Page 12
(2) Other individuals. Other individuals, other than MORArs person under the age of 21 regulated by
division (13)(3) of this section, found to be in violation of this article sha4 may be charged an administrative fee
of $50.
(3)
subjeEt te tebaEr=e related ed ucatie n classes, di, -1 51- 11 P FE)gFa MS, EE3 R; muRity seFYi GeS, E)F aRath er penalty that
the eity beliewesvdill Bhe appFepFqate and effective. Such administrative fine er other penalty shel! - -
Persons
under the ape of 21. Persons under the age of 21 who purchase or attempt to purchase licensed products may
onlv be subject to non -criminal, non-monetary civil penalties or remedies such as tobacco -related education
classes, diversion programs, community services, or another non -monetary, civil penalty that the City
determines to be appropriate. The City Council will consult educators, parents, guardians, -persons under the
age of 21, public health officials, court personnel, and other interested parties to determine an appropriate
remedv for persons under the aee of 21 in the Citv in the best interest of the underage person. The remedies
for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may
be established by ordinance and amended from time to time.
(4) Statutory penalties. If the administrative penalty for violations against licensed retailers under Section
11 B 1 authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time,
differ from that established in this section, then the higher penalty will prevail.
(C) Misdemeanor. Nothing in this section &W4 prohibits the c#y City from seeking prosecution as a
misdemeanor forte an alleged second violation of this article ordinance by a person 21 years of age or
alder within five years of a previous conviction under the ordinance.
(Ord. 1371, passed 5-11-98)
Section 12
5.312 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
5.312 SEVERABILITY.
If anv section or provision of this ordinance is held invalid, such invalidity will not affect other sections or
rovisions that can be Riven force and effect without the invalidation section or prov
Section 13
5.313 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
5.313 EFFECTIVE DATES.
Section 5.303 paragraphs (L) and (M), and Section5.306 paragraph (C) of this article are effective January 1,
2022. The remainder of this ordinance becomes effective 30 days after passage.
City of Columbia Heights - Ordinance
Page 13
(Ord. 1670, passed 10-11-21)
Section 14
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
September 27, 2021
Offered by:
Buesgens
Seconded by:
Novitsky
Roll Call:
All Ayes
Second Reading: October 11, 2021
Offered by: Jacobs
Seconded by: Novitsky
Roll Call: All Ayes, Buesgens Absent
Date of Passage: October 11, 2021
r
Amad arquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
SUMMARY OF ORDINANCE NO. 1670
AN ORDINANCE AMENDING CHAPTER 5.3 OF THE COLUMBIA HEIGHTS CITY CODE TO REVISE
PURPOSE AND INTENT, DEFINITIONS, LICENSE, PROHIBITED SALES, LICENSE HOLDER
RESPONSIBILITY, COMPLIANCE CHECKS AND INSPECTIONS, AND VIOLATIONS AND PENALTIES
OF TOBACCO REGULATIONS
The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1670 on
October 11, 2021.
The purposes of this ordinance are to update Purpose and Intent of Chapter 5.3, add, amend,
and eliminate definitions, add qualifications for retail establishments interested in a tobacco
product shop license, restrict the sale of all flavored tobacco products to licensed tobacco
product shops only, require child -resistant packaging for liquid products being sold, increase
license holder responsibility, fees, and penalties, remove criminal or monetary penalties for
persons under the age of 21 who purchase or attempt to purchase licensed products, and add
section for Severability and Effective Dates.
This is a summary of Ordinance No. 1670. A copy of the entire text of the Ordinance is available
for public inspection during regular office hours at City Hall, by standard or electronic mail, or at
www.columbiaheightsmn.gov.
Attest:
Ama a Marquez Simula, Mayor
Sara Ion, City Clerk/Council Secretary
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF ANOKA
Karen Nelson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
BSLP Col Hght Frid Life
with the known office of issue being located
in the county of:
ANOKA
with additional circulation in the counties of:
ANOKA
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/22/2021 and the last
insertion being on 10/22/2021.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: !.�.
1 Designated Agent
Subscribed and sworn to or affirmed before
me on 10/22/2021 by Karen Nelson.
Qo,._L�
Notary Public
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
Poly COmmki M LVku Jim 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$22.00 per column inch
CITY OF
COLUMBIA HEIGHTS
SUMMARY OF
ORDINANCE NO. 1670
AN ORDINANCE AMENDING
CHAPTER 5.3 OF THE
COLUMBIA HEIGHTS
CITY CODE
TO REVISE PURPOSE AND
INTENT, DEFINITIONS,
LICENSE, PROHIBITED
SALES, LICENSE HOLDER
RESPONSIBILITY,
COMPLIANCE CHECKS
AND INSPECTIONS,
AND VIOLATIONS AND
PENALTIES OF TOBACCO
REGULATIONS
The City Council for the City of
Columbia Heights, Minnesota ad-
opted Ordinance No. 1670 on Oc-
tober 11, 2021.
The purposes of this ordinance
are to update Purpose and Intent of
Chapter 5.3, add, amend, and elim-
inate definitions, add qualifications
for retail establishments interested
in a tobacco product shop license,
restrict the sale of all flavored to-
bacco products to licensed to-
bacco product shops only, require
child -resistant packaging for liquid
products being sold, increase li-
cense holder responsibility, fees,
and penalties, remove criminal or
monetary penalties for persons un-
der the age of 21 who purchase or
attempt to purchase licensed prod-
ucts, and add section for Severabil-
ity and Effective Dates.
This is a summary of Ordinance
No. 1670. A copy of the entire text
of the Ordinance is available for
public inspection during regular
office hours at City Hall, by stan-
dard or electronic mail, or at www.
columbiaheightsmn.gov.
Amada Marquez Simula, Mayor
ATTEST:
Sara Ion,
City Clerk/Council Secretary
Published in
The Life
October 21, 2021
1175863
Ad ID 1175863