99-967QR��INAL
_ � 1-�
�1/
� (�. �
�'1
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Council File # ��
ordinance #
Green Sheet # , n.3 �.�.�.
a�
Presented By
Referred To
Committee: Date
An ordinance amending Chapter 324 of the Saint
Paul Legislative Code to prohibit tobacco vending
machines in facilities where minors are present and
to establish an adnunistrarive penalty to be imposed
against the clerk at a licensed premise who sells tobacco
ortobacco productsto a minor
8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
10
11
iz
Section 1
13 Section 324.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
14
15
16
17
18
Chapter 324. Tobacco
19Sec. 324.01. Lfcense required.
20
21 (a} No person shall sell or offer for sale at retail within the City of Saint Paul any tobacco, or in any manner
22 represent or hold himself or herself out as one who sells or offers for sale at retail any tobacco, or maintain a tobacco
23 vending machine for the sale of tobacco without a license.
24
25 ' , .
26
27
28 ,
29 ,
30
- - .. - -- - - - -- -=-= -- - ---- - -- - - -- - - ---: :�- -
- :. - - - -- - - - - -- - - - --- - -
� - - - - - - - -.:- -- - - - - - - - :: - -- - ---
. - ---- -- - - -- - - - - -- - -- -- - - - - -- -
.- - -- - - -- - - - - - -- : - - -- -
Z(bl No person shall seil tobaccoproducts from a vendin� machine unless said vendingmachine is located in a
3 facility that cannot be entered at any time by anyone under the age of eiahteen (181 vears of age.
a c� `t -qG?
5 Secrion 2
7 Section 324.07 of the Saint Paul Legislative Code is hereby amended to read as foliows:
9 Sec. 324.07. Sales prohibited.
10
11 No person shall sell or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle.
12No person shall sell or dispense tobacco from a motor vehicle. No person shall
13 sell, offer to sell or otherwise rn ovide tobacco to anyone under the age of
14eighteen (18). Any violation of this chapter shall subject the licensee to provisions of section 310 and section 324.10
15 of the Saint Paul Legislative Code.
16
17
18
Section 3
19 Section 324.11 of the Saint Paul Legislative Code is hereby amended to read as foilows:
20
21 Sec. 324.11. Presumptive penalties.
22
23 (a) Purpose. The purpose of this section is to establish a standard by which the city council deternunes the amount
24 of fines, length of license suspensions and the propriety of revocations. These penalties are presumed to be
25 appropriate far every case; however, the council may deviate therefrom in an individual case where the council finds
26 and determines that there exist substantial and compelling reasons which make it appropriate to do so. When
27 deviating from these standards, the council shall provide written reasons that specify why the penzlty selected was
28 more appropriate.
29
30 (b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
31 follows:
32
33
34
35
36 Type of Appearance
37 Violation
38 lst 2nd 3rd 4th
39 (1) Sale of $200.00 fine $400.00 fine 30-day Revocation
40 tobacco to a suspension
41 minor
4L
�3
�4
t5 (b-1) Computation oj time. Fot the purpose of computation of time, a violation shall be determined to have
ga-5�`L
1 occurred on the date the fine ispaid or the ]icensee appears in front of council. A violation is determined to be a
2 second aQpeazance if the violation occurs within twelve (12) calendaz months after the first violation. A violation
3 shall be deternuned to be a third a�peazance if the violafion occurs within eighteen 18 calendar months of the first
4 of two prior violations. A violation shall be determined to be a fourth appeazance if the violation occurs within thiriv
5�301 calendar months of the first of thre�rior violarions. '
7(c} Fines payable without hearing. Notwithstanding the provisions of secrion 310.05(1), a licensee who would be
8 making a first or second appearance before the councii may elect to pay the fine to the office of LIEP without a
9 council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances
l Owhich may warrant deviation from the presump6ve fine amount. Payment of the recommended fine will be
ll considered to be a waiver of the hearing to which the licensee is entitled, and wili be considered an"appearance" for
12 the purpose of detennining presumptive penalties for subsequent violafions.
13
14 (d Penaltv to be assessed to the elerk An individual who sells tobacco to a roerson under the age of 18 vears while
15 working as an emplovee or aeent of the licensedpremises shall be subiect to an administrativepenaltv of fiftv dollaz
16 ($50.001. An individual sub}ect to a penaltv under this subdivision is entitled to the heazingprocedures set for in
l7 Saint Paul Le�aslative Code Section 310.06
18
14
20
21
by Council:
22 This ordinance shall take effect and be in full force thiriy (30) days followang its approval, passage and publication.
23
�g
27
28
29
30
31
32
33
34
35
36
37Adopted
38
39Adoption
40
Section 4
Requested by Department of:
Office of License, InsAections and
Environmental Protection
BY= � �
y
Form Approved by City
.`
Date �� \5 4 � 00� BY' �
Certified by Council Secretary
41 By : --�-�-�. � : �..._-.��,
42
for Submission to
43Approved by Mayor: Date
44
45 sy:
OFFICE OF LIEP Date: GREEN SHEET 9`
Christine Rozek August 24 1999
a66-sios No . 103226 ��
EPARTM°NT DIRECIOR ITY COONCIL
„� CITY ATTORNEY ITY Q.ERR
x�awa
ust be on COUncil Agenda by: �^'_ �£T nz�croa IN. 6 MCf. SVC. DZR.
�
SAP 3 YOR (OA ASSISTANT)
OTAL # OF SIGNATDRS PAGES 1 (CLIP ALL CATIONS FOR SIGNATURE)
CTIO23 REQjSESTED:
ordinance amending Chapter 324 of the Saint Paul Legislative Code to
rohibit tobacco vending machines in facilities where minors are present and to
stablish an administrative penalty to be imposed against the clerk at a
licensed premise who sells tobacco or tobacco products to a minor.
COMASNDATIONS: APPROV6 (A) OR RHJECT (R) PHRSONAL SSRVIC& CONTRACTS MUST ANStaER TF� FOLLOWING:
PLANNING COMMISSION CNIL SEAVICS COMMISSION L Has Che person/firm evei worked under a contract for this department?
CIH CtlMMITTEE HUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/firm ever been a City employee?
DISTRICT COUAT _ YES No
3. Does this nerson/firm possess a skill not normally possessed by any
SUPPORTS WHICH COVNCIL OHJSCTIVE? Cuzrent City employee?
YES NO
Hxplaiu all YES answers on a separate sheet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
State law now prohibits tobacco vending machines in premises that allow minars
to enter. Clerks who sell to minors are not penalized for not checking for
roper identification.
VANTAGES IF APPROVED:
Saint Paul will conform to State law; clerks will be deterred from selling
tobacco and tobacco products to minors which will result in a,decrease in the
availability of tobacco to minors.
ISADVAI3TAGE5 IF APPROVED:
one apparent.
ISADVANTAGES IF NOT APPROVED:
Saint Paul will not conform to State law; clerks will not be deterred from
selling tobacco and tobacco products to minors. Access of tobacco to minors
ill not decrease.
OTAL AMOUNT OF TRANSACTSON S COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NTJMBER
FINANCIAL INFOF2MATION: (EXPLAIN)
CiOtlti� Pi�$�2e3C�t �S2;tt�
� ` ; t�r.
QR��INAL
_ � 1-�
�1/
� (�. �
�'1
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Council File # ��
ordinance #
Green Sheet # , n.3 �.�.�.
a�
Presented By
Referred To
Committee: Date
An ordinance amending Chapter 324 of the Saint
Paul Legislative Code to prohibit tobacco vending
machines in facilities where minors are present and
to establish an adnunistrarive penalty to be imposed
against the clerk at a licensed premise who sells tobacco
ortobacco productsto a minor
8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
10
11
iz
Section 1
13 Section 324.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
14
15
16
17
18
Chapter 324. Tobacco
19Sec. 324.01. Lfcense required.
20
21 (a} No person shall sell or offer for sale at retail within the City of Saint Paul any tobacco, or in any manner
22 represent or hold himself or herself out as one who sells or offers for sale at retail any tobacco, or maintain a tobacco
23 vending machine for the sale of tobacco without a license.
24
25 ' , .
26
27
28 ,
29 ,
30
- - .. - -- - - - -- -=-= -- - ---- - -- - - -- - - ---: :�- -
- :. - - - -- - - - - -- - - - --- - -
� - - - - - - - -.:- -- - - - - - - - :: - -- - ---
. - ---- -- - - -- - - - - -- - -- -- - - - - -- -
.- - -- - - -- - - - - - -- : - - -- -
Z(bl No person shall seil tobaccoproducts from a vendin� machine unless said vendingmachine is located in a
3 facility that cannot be entered at any time by anyone under the age of eiahteen (181 vears of age.
a c� `t -qG?
5 Secrion 2
7 Section 324.07 of the Saint Paul Legislative Code is hereby amended to read as foliows:
9 Sec. 324.07. Sales prohibited.
10
11 No person shall sell or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle.
12No person shall sell or dispense tobacco from a motor vehicle. No person shall
13 sell, offer to sell or otherwise rn ovide tobacco to anyone under the age of
14eighteen (18). Any violation of this chapter shall subject the licensee to provisions of section 310 and section 324.10
15 of the Saint Paul Legislative Code.
16
17
18
Section 3
19 Section 324.11 of the Saint Paul Legislative Code is hereby amended to read as foilows:
20
21 Sec. 324.11. Presumptive penalties.
22
23 (a) Purpose. The purpose of this section is to establish a standard by which the city council deternunes the amount
24 of fines, length of license suspensions and the propriety of revocations. These penalties are presumed to be
25 appropriate far every case; however, the council may deviate therefrom in an individual case where the council finds
26 and determines that there exist substantial and compelling reasons which make it appropriate to do so. When
27 deviating from these standards, the council shall provide written reasons that specify why the penzlty selected was
28 more appropriate.
29
30 (b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
31 follows:
32
33
34
35
36 Type of Appearance
37 Violation
38 lst 2nd 3rd 4th
39 (1) Sale of $200.00 fine $400.00 fine 30-day Revocation
40 tobacco to a suspension
41 minor
4L
�3
�4
t5 (b-1) Computation oj time. Fot the purpose of computation of time, a violation shall be determined to have
ga-5�`L
1 occurred on the date the fine ispaid or the ]icensee appears in front of council. A violation is determined to be a
2 second aQpeazance if the violation occurs within twelve (12) calendaz months after the first violation. A violation
3 shall be deternuned to be a third a�peazance if the violafion occurs within eighteen 18 calendar months of the first
4 of two prior violations. A violation shall be determined to be a fourth appeazance if the violation occurs within thiriv
5�301 calendar months of the first of thre�rior violarions. '
7(c} Fines payable without hearing. Notwithstanding the provisions of secrion 310.05(1), a licensee who would be
8 making a first or second appearance before the councii may elect to pay the fine to the office of LIEP without a
9 council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances
l Owhich may warrant deviation from the presump6ve fine amount. Payment of the recommended fine will be
ll considered to be a waiver of the hearing to which the licensee is entitled, and wili be considered an"appearance" for
12 the purpose of detennining presumptive penalties for subsequent violafions.
13
14 (d Penaltv to be assessed to the elerk An individual who sells tobacco to a roerson under the age of 18 vears while
15 working as an emplovee or aeent of the licensedpremises shall be subiect to an administrativepenaltv of fiftv dollaz
16 ($50.001. An individual sub}ect to a penaltv under this subdivision is entitled to the heazingprocedures set for in
l7 Saint Paul Le�aslative Code Section 310.06
18
14
20
21
by Council:
22 This ordinance shall take effect and be in full force thiriy (30) days followang its approval, passage and publication.
23
�g
27
28
29
30
31
32
33
34
35
36
37Adopted
38
39Adoption
40
Section 4
Requested by Department of:
Office of License, InsAections and
Environmental Protection
BY= � �
y
Form Approved by City
.`
Date �� \5 4 � 00� BY' �
Certified by Council Secretary
41 By : --�-�-�. � : �..._-.��,
42
for Submission to
43Approved by Mayor: Date
44
45 sy:
OFFICE OF LIEP Date: GREEN SHEET 9`
Christine Rozek August 24 1999
a66-sios No . 103226 ��
EPARTM°NT DIRECIOR ITY COONCIL
„� CITY ATTORNEY ITY Q.ERR
x�awa
ust be on COUncil Agenda by: �^'_ �£T nz�croa IN. 6 MCf. SVC. DZR.
�
SAP 3 YOR (OA ASSISTANT)
OTAL # OF SIGNATDRS PAGES 1 (CLIP ALL CATIONS FOR SIGNATURE)
CTIO23 REQjSESTED:
ordinance amending Chapter 324 of the Saint Paul Legislative Code to
rohibit tobacco vending machines in facilities where minors are present and to
stablish an administrative penalty to be imposed against the clerk at a
licensed premise who sells tobacco or tobacco products to a minor.
COMASNDATIONS: APPROV6 (A) OR RHJECT (R) PHRSONAL SSRVIC& CONTRACTS MUST ANStaER TF� FOLLOWING:
PLANNING COMMISSION CNIL SEAVICS COMMISSION L Has Che person/firm evei worked under a contract for this department?
CIH CtlMMITTEE HUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/firm ever been a City employee?
DISTRICT COUAT _ YES No
3. Does this nerson/firm possess a skill not normally possessed by any
SUPPORTS WHICH COVNCIL OHJSCTIVE? Cuzrent City employee?
YES NO
Hxplaiu all YES answers on a separate sheet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
State law now prohibits tobacco vending machines in premises that allow minars
to enter. Clerks who sell to minors are not penalized for not checking for
roper identification.
VANTAGES IF APPROVED:
Saint Paul will conform to State law; clerks will be deterred from selling
tobacco and tobacco products to minors which will result in a,decrease in the
availability of tobacco to minors.
ISADVAI3TAGE5 IF APPROVED:
one apparent.
ISADVANTAGES IF NOT APPROVED:
Saint Paul will not conform to State law; clerks will not be deterred from
selling tobacco and tobacco products to minors. Access of tobacco to minors
ill not decrease.
OTAL AMOUNT OF TRANSACTSON S COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NTJMBER
FINANCIAL INFOF2MATION: (EXPLAIN)
CiOtlti� Pi�$�2e3C�t �S2;tt�
� ` ; t�r.
QR��INAL
_ � 1-�
�1/
� (�. �
�'1
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Council File # ��
ordinance #
Green Sheet # , n.3 �.�.�.
a�
Presented By
Referred To
Committee: Date
An ordinance amending Chapter 324 of the Saint
Paul Legislative Code to prohibit tobacco vending
machines in facilities where minors are present and
to establish an adnunistrarive penalty to be imposed
against the clerk at a licensed premise who sells tobacco
ortobacco productsto a minor
8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
10
11
iz
Section 1
13 Section 324.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
14
15
16
17
18
Chapter 324. Tobacco
19Sec. 324.01. Lfcense required.
20
21 (a} No person shall sell or offer for sale at retail within the City of Saint Paul any tobacco, or in any manner
22 represent or hold himself or herself out as one who sells or offers for sale at retail any tobacco, or maintain a tobacco
23 vending machine for the sale of tobacco without a license.
24
25 ' , .
26
27
28 ,
29 ,
30
- - .. - -- - - - -- -=-= -- - ---- - -- - - -- - - ---: :�- -
- :. - - - -- - - - - -- - - - --- - -
� - - - - - - - -.:- -- - - - - - - - :: - -- - ---
. - ---- -- - - -- - - - - -- - -- -- - - - - -- -
.- - -- - - -- - - - - - -- : - - -- -
Z(bl No person shall seil tobaccoproducts from a vendin� machine unless said vendingmachine is located in a
3 facility that cannot be entered at any time by anyone under the age of eiahteen (181 vears of age.
a c� `t -qG?
5 Secrion 2
7 Section 324.07 of the Saint Paul Legislative Code is hereby amended to read as foliows:
9 Sec. 324.07. Sales prohibited.
10
11 No person shall sell or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle.
12No person shall sell or dispense tobacco from a motor vehicle. No person shall
13 sell, offer to sell or otherwise rn ovide tobacco to anyone under the age of
14eighteen (18). Any violation of this chapter shall subject the licensee to provisions of section 310 and section 324.10
15 of the Saint Paul Legislative Code.
16
17
18
Section 3
19 Section 324.11 of the Saint Paul Legislative Code is hereby amended to read as foilows:
20
21 Sec. 324.11. Presumptive penalties.
22
23 (a) Purpose. The purpose of this section is to establish a standard by which the city council deternunes the amount
24 of fines, length of license suspensions and the propriety of revocations. These penalties are presumed to be
25 appropriate far every case; however, the council may deviate therefrom in an individual case where the council finds
26 and determines that there exist substantial and compelling reasons which make it appropriate to do so. When
27 deviating from these standards, the council shall provide written reasons that specify why the penzlty selected was
28 more appropriate.
29
30 (b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
31 follows:
32
33
34
35
36 Type of Appearance
37 Violation
38 lst 2nd 3rd 4th
39 (1) Sale of $200.00 fine $400.00 fine 30-day Revocation
40 tobacco to a suspension
41 minor
4L
�3
�4
t5 (b-1) Computation oj time. Fot the purpose of computation of time, a violation shall be determined to have
ga-5�`L
1 occurred on the date the fine ispaid or the ]icensee appears in front of council. A violation is determined to be a
2 second aQpeazance if the violation occurs within twelve (12) calendaz months after the first violation. A violation
3 shall be deternuned to be a third a�peazance if the violafion occurs within eighteen 18 calendar months of the first
4 of two prior violations. A violation shall be determined to be a fourth appeazance if the violation occurs within thiriv
5�301 calendar months of the first of thre�rior violarions. '
7(c} Fines payable without hearing. Notwithstanding the provisions of secrion 310.05(1), a licensee who would be
8 making a first or second appearance before the councii may elect to pay the fine to the office of LIEP without a
9 council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances
l Owhich may warrant deviation from the presump6ve fine amount. Payment of the recommended fine will be
ll considered to be a waiver of the hearing to which the licensee is entitled, and wili be considered an"appearance" for
12 the purpose of detennining presumptive penalties for subsequent violafions.
13
14 (d Penaltv to be assessed to the elerk An individual who sells tobacco to a roerson under the age of 18 vears while
15 working as an emplovee or aeent of the licensedpremises shall be subiect to an administrativepenaltv of fiftv dollaz
16 ($50.001. An individual sub}ect to a penaltv under this subdivision is entitled to the heazingprocedures set for in
l7 Saint Paul Le�aslative Code Section 310.06
18
14
20
21
by Council:
22 This ordinance shall take effect and be in full force thiriy (30) days followang its approval, passage and publication.
23
�g
27
28
29
30
31
32
33
34
35
36
37Adopted
38
39Adoption
40
Section 4
Requested by Department of:
Office of License, InsAections and
Environmental Protection
BY= � �
y
Form Approved by City
.`
Date �� \5 4 � 00� BY' �
Certified by Council Secretary
41 By : --�-�-�. � : �..._-.��,
42
for Submission to
43Approved by Mayor: Date
44
45 sy:
OFFICE OF LIEP Date: GREEN SHEET 9`
Christine Rozek August 24 1999
a66-sios No . 103226 ��
EPARTM°NT DIRECIOR ITY COONCIL
„� CITY ATTORNEY ITY Q.ERR
x�awa
ust be on COUncil Agenda by: �^'_ �£T nz�croa IN. 6 MCf. SVC. DZR.
�
SAP 3 YOR (OA ASSISTANT)
OTAL # OF SIGNATDRS PAGES 1 (CLIP ALL CATIONS FOR SIGNATURE)
CTIO23 REQjSESTED:
ordinance amending Chapter 324 of the Saint Paul Legislative Code to
rohibit tobacco vending machines in facilities where minors are present and to
stablish an administrative penalty to be imposed against the clerk at a
licensed premise who sells tobacco or tobacco products to a minor.
COMASNDATIONS: APPROV6 (A) OR RHJECT (R) PHRSONAL SSRVIC& CONTRACTS MUST ANStaER TF� FOLLOWING:
PLANNING COMMISSION CNIL SEAVICS COMMISSION L Has Che person/firm evei worked under a contract for this department?
CIH CtlMMITTEE HUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/firm ever been a City employee?
DISTRICT COUAT _ YES No
3. Does this nerson/firm possess a skill not normally possessed by any
SUPPORTS WHICH COVNCIL OHJSCTIVE? Cuzrent City employee?
YES NO
Hxplaiu all YES answers on a separate sheet and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
State law now prohibits tobacco vending machines in premises that allow minars
to enter. Clerks who sell to minors are not penalized for not checking for
roper identification.
VANTAGES IF APPROVED:
Saint Paul will conform to State law; clerks will be deterred from selling
tobacco and tobacco products to minors which will result in a,decrease in the
availability of tobacco to minors.
ISADVAI3TAGE5 IF APPROVED:
one apparent.
ISADVANTAGES IF NOT APPROVED:
Saint Paul will not conform to State law; clerks will not be deterred from
selling tobacco and tobacco products to minors. Access of tobacco to minors
ill not decrease.
OTAL AMOUNT OF TRANSACTSON S COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NTJMBER
FINANCIAL INFOF2MATION: (EXPLAIN)
CiOtlti� Pi�$�2e3C�t �S2;tt�
� ` ; t�r.