1997-805CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 9?-805
REGULATING THE SALE OF TOBACCO PRODUCTS
BE IT ORDAINED By the Council of the City of Hopkins that Section 1155, (Tobacco) of the
Hopkins City Code be deleted in its entirety.
BE IT ORDAIlVED that the following ordinance replace Section 1155 in the Hopkins City Code
Regulation:
Section 100. PURPOSE. This ordinance shall be intended to regulate the sale, possession, and
use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and
furthering existing laws, to protect minors against the serious effects associated with the illegal
use of tobacco, tobacco products, and tobacco related devices, and to further the official public
policy of the State of Minnesota in regard to preventing young people from starting smoking as
stated in Minn. Stat. 144.391.
Section Z00. DEFINITIONS. The following words and terms when used in this section shall
have the following meanings unless the context clearly indicates otherwise:
Subd. 1 Tab„gocQor ~'abacco PrQduct~ "Tobacco 6r Tobacco Product" shall mean
cigarettes, cigars, cheroots, stogies, perique, granulated, ph~g cut, crimp cut, ready,
rubbed and other smoking tobacco; snuff, snuff flower, Cavendish, plug and twist
tobacco; fine cut and other chewing tobaccos; shorts, refuse scripts, clippings, cuttings,
and sweepings of tobacco; and other kinds and forms oftobacco, prepared in such a
manner as to be suitable for chewing, snifl;ing, or smoking in a pipe; rolling paper or
other tobacco related devices.
Subd. 2 Tobacco Related Devices. "Tobacco Related Devices" shall mean cigarette
papers or pipes for smoking.
Subd. 3 Minor. "Minor" shall mean any natural person who has not yet reached the age
of eighteen (18) years.
Subd. 4 Retail Establishment. "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
Subd 5 License Holder or Licensee License Holder or Licensee" shall mean one (1) or
more natural persons; a partnership, limited liability company; corporation, including a
foreign, domestic, or nonprofit corporation; a trust; a political subdivision ofthe State; or
any other business organization.
Subd 6Self-service Merchandising. "Self-service merchandising" shall mean a method
of displaying tobacco, tobacco products or tobacco related devices so that they are
accessible to the public without the intervention of the licensee, their agents or
employees.
Subd. 9 Vending, Machine. "Vending machine" shall mean any mechanical, electric or
electronic, self-service device which, upon insertion of money, tokens or any other form
of payment, dispenses tobacco products and including vending machines equipped with
manual, electric or electronic locking devices.
Subd. 8 Moveable Place o~Bus}ness. Moveable Place ofBusincss" shall refer to any
form of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and npt a fixed address store front or other permanent type of
structure authorized for sales transactions.
Subd. 9 Individually Packaged. "Individually packaged" shall mean the practice of
selling any tobacco or tobacco product wrapped individually for sale. Individually
wrapped tobacco artd 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 other packaging containing more than a single pack or other
container as described herein shall not be considered individually packaged.
Subd. 10 Sale. "Sale" shall mean any transfer of goods for money, trade, barter, yr other
consideration.
Subd. 11 Compliance Checks. Compliance Checks" shall mean the system the city uses
to investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products or tobacco related devices for educational, research
and training purposes as authorized by State and Federal laws. Other units of government
for the purpose of enforcing appropriate Federal, State, or local laws may also conduct
compliance checks and regulations relating to tobacco, tobacco products, and tobacco
related devices.
Section 300. LICENSE. No person shall sell or offer to sell any tobacco, tobacco products,
or tobacco related device without first having obtained a license to do so from the city.
Subd. 1 Application. An application for a license to sell tobacco, tobacco products, or
tobacco products, or tobacco related devices shall be made on a form provided by the
city. The application shall contain foil name of the applicant; the applicant" 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 forwazd the application to the council for
action at its next regularly scheduled council meeting. If the clerk shall determine that an
application is incomplete, the city clerk shall return the application to the applicant with
notice of the information necessary to make the application complete.
Subd. 2 Denial. The following shall be grounds for denying the issuance or renewal of a
license under this Section. The following list is not exhaustive or exclusive:
a) The applicant is under the age of 18 years,
b) The applicant has been convicted within the past five years of a violation
of any provisions of this ordinance or a violation of Federal, State or local
law, ordinance provision, or other regulation relating to tobacco, tobacco
products, or tobacco related devices.
c) The applicant or license holder has had a license to sell tobacco, tobacco
products or tobacco related devises revoked within the preceding twelve
(12) months of the date of application.
d) The applicant fails to provide any information required on the city license
application, or provides false or misleading information.
e) The applicant or license holder has butstanding fines, penalties or property
taxes owed to the city.
Subd. 3 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 city clerk shall issue the license to the applicant. Ifthe council denies the
license, notice of denial shall be given to the applicant along with notice of the
applicant's right to appeal the council's decision.
Sind. 4 Term. All licenses issued under this ordinance shall expire on December 31 of
each calendar year.
Subd. 5 Revocation or Suspension. Any license issued under this ordinance may be
revoked or suspended as provided in the Violations and Penalties of this ordinance.
S4bd. 6 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 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.
Subd. 7 Movea>~l.e 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
prdlnanCe.
Subd. 8 Displak All licenses shall be posted and displayed in plain view of the general
public on the licensed premises.
Subd.. 9 Training. Every retail business requesting a license under this ordinance shall
implement a training program for employees regarding laws relating to the sale of
tobacco products. Every licensee shall certify on its annual tobacco application that all
employees have been trained to comply with state laws regarding the sale of tobacco
products.
Subd, 10 Renewals, The renewal of a license issued under this section shall be handled
in the same manner as the original application. The request for 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 licensee and shall not entitle the licensee to an
automatic renewal of the license.
Subd. 11 Minor Employees. Any person that is under the age of 18 and employed by a
licensed retail establishment may sell tobacco products provided that the parents or
guardians of that minor, have ssgned a written consent allowing the minor to sell tobacco
products.
Section 400. FEES. No license shall be issued under this ordinance until the appropriate
license fee shall be paid in full. The fee for a license under this ordinance shall be set by city
council resolution.
Section 500. PROHTI~ITED SALES.
,Suubd. l Prohibited Sales.. No person shall sell, offer to sell, give away, furnish, or
otherwise deliver any tobacco, tobacco product, or tobacco related device:
a} To any person under the age of eighteen (18) years.
b) By any other means, or to any person, prohibited by Federal, State, or
other local law, ardinance provisions, or other regulation.
Subd. 2 Self-service Sales of Single Packages -.Restricted.
a) No person shall offer for sale single packages of cigarettes or smokeless
tobacco in open displays, which are accessible to the public without the
intervention of a stare employee.
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b) Cartons and other multi-pack units may be offered and sold through open
displays accessible to the public.
c) On the effective date of Federal Regulations pertaining to self-service
sales of tobacco products (Code of Federal Regulations, title ~ 1, part
897.16(c)), paragraph (b) above expires, and is replaced by incorporation
of the federal regulations into Hopkins City Code.
d) This subdivision shall not apply to retail stores, which derive at least 90
percent of their revenue from tobacco, and tobacco-related products and
which cannot be entered at any time by persons younger than 18 years of
age.
e) Prior to offering for sale any single packages of tobacco products by self-
service merchandising= a licensee must file with the city clerk a statement
from a certified public accountant that shows both total gross sales and
total sales from tobacco or related products. Said statement must also be
filed with the city clerk yearly on or before the renewal date of the license.
Subd. 3 Vending...Machine Sales. It shall be unlawful for anyone licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by
the means of a vending machine unless minors are at all times prohibited from entering
• the licensed establishment.
Subd. 4 Mobile Sales. No license shall be issued for the sale of tobacco, tobacco
products, or tobacco related devices at a moveable place of business, including but not
limited to, motorized vehicles, mobile sales kiosks, or trailers.
Section 600. RESFONSIBILfTY. All iieensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder.
Section 700. GOMPLIANC$ CHECKS AND INSPECTIQNS. Ail licensed premises shall be
open to inspection by the city police or other authorized city official during regular business
hours. At least once per calendar year, an unannounced compliance check shall be conducted at
each licensed retail establishment. Nothing in this Section shall prohibit compliance checks
authorized by State or Federal laws for educational, research, or training purposes, or required
for the enforcement of a particular State or Federal law.
Subd. 1 Use of Minor. The compliance check shall be conducted by engaging, with
written consent of their parents or guardians, minors over the age of fifteen (15) years but
less than eighteen (18) years, to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco related devices.
a) Minors used for the purpose of compliance checks shall be supervised by
city designated law enforcement officers or other designated city
personnel.
b) Minors used for the purpose of compliance checks shall not be guilty of
unlawful possession of tobacco, tobacco products or tobacco related
devices when such items are obtained as a part of the compliance check.
c) No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age. All minors lawfully
engaged in a compliance check shall answer all questions about the
minor's age asked by the licensee, agent or employee and shall produce
identification, if any exists, for which the minor is asked.
S~IZc~. 2 Failure of Comoliance Cheek. ff a retail establishment fails a compliance check,
a follow-up, unannounced compliance check shall be made within six {b) months or
before the end of the calendar year.
Subd. 3 Results of Compliance Chg~ks. Results of the compliance checks shall be
reported to the City Council annually.
Section 800. VIOLATIONS AND PENALTIES. Unless otherwise provided, the following acts
shall be a violation of this ordinance.
Subd. 1 Illegal S es. It shad be a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product, or tobacco related device to anq minor.
Sul~~:. 2 Illeg I~Possession. It shall be a violation of this ordinance for any minor to have
in possession any tobacco, tobacco product, or tobacco related device. This subdivision
shall not apply to minors lawfully involved in a compliance check.
Subd. 3 Illegal Use. It shall be a violation of this ordinance for any minor to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, yr tobacco related device.
Subd. 4 Illegal Procurement. It shall be a violation of this ordinance for any minor 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
purchase or otherwise obtain such items on behalf of a minor. It shall fiuther be a
violation for any person to coerce or attempt to coerce a minor to illegally purchase or
otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply tv minors lawfully involved in a compliance check.
Subd. 5 Use,~fFaise Ideptifcation. It shall be a violation of this ordinance for any
minor 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
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of the person has been modified or tampered with to represent an age alder than the
actual age of the person.
Section 900. ADMINISTRATIVE PENALTY PROCEDURE.
Subd. 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 viblator of his or her right to be heard on the allegation.
Subd. 2 Hearings. If, within 20 days after receipt of a citation, a person accused of
violating this ordinance so requests, a hearing shall be scheduled, the date, time and place
of which shall be published and provided to the accused violator.
Subd. 3 Hearin~Officer. The City Council or such other person as the Council may by
resolution designate, shall serve as the hearing officer.
Subd. 4 Decision. Ifthe hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing ot~iicer's reasons for finding a violation and
the penalty to be imposed under Section 1000 of this ordinance, 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 ~.nd a copy provided to the acquitted accused
violator.
Subd. 5 Anneals. 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.
Subd 6 Misdemeanor Prosecution Nothing in this Section shall prohibit the City from
seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the
City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
Subd, 7 Continued Violation. finch violation, and every day in which a violation occurs
or continues, shall constitute a separate offense.
Section 1000. PENALTIES.
Subd. 1 Licensees and Employ e~. Any licensee, and any employee of a licensee, found
to have violated this ordinance, shall be charged an administrative penalty as follows:
a) $75 for a first violation of this ordinance;
b) $200 for a second violation at the same licensed premises within 24
months of the initial violation;
c) $250 for a third violation at the same location within 24 months of the
initial violation, and the license shall be suspended for not less than seven
('l) days.
Subd. 2 Other Individuals. Other individuals, other than minors regulated by subdivision
3 of this Subsection, found to be in violation of this ordinance, shall be charged an
administrative penalty of $50.
Subd. 3 Minors. Minors found in unlawful possession af, or who unlawfully purchase or
attempt to purchase tobacco, tobacco products, or tobacco related devices, shall be
charged an administrative penalty of $25 per violation.
Section 1100. EXCEPTIONS AND DEFEN5ES. Nothing in this ordinance shall prevent the
providing of tobacco, tobacco products, or tobacco related 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.
Section 1200. SEVERABILITY AND SAVINGS CLAUSE. Tf any section ar 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 artd
enforceability of any other section or provision of this ordinance.
Section 1300. EFFECTIVE DATE. This ordinance shall be in effect from and after itS passage
and publication according to the law.
First Reading of Ordinance 97-805 October 7, 1997
Second Reading of Ordinance 97-805 October 21, 1997
Publication of Summary Ordinance 97-805 October 29, 1997
Effective Date of Ordinance 97-805 November 18, 1997
Att
Terry maier, City Clerk Charles D, Redepenning, Mayor
AS TO FORM AND LEGALITY: }
Date
CITY OF HOPKINS COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE N0.97-805
AN ORDINANCE REPLACING SECTION 1155 OF THE HOPHINS CITY CODE
REGARDING THE SALE OF TOBACCO PRODUCTS ~
This ordinance completely rewrites Section 1155, (Tobacco) of the Hopkins City Code. The
following is a summary of the major provisions of the new ordinance:
• Defines terms.
• Establishes reasons for denying a license to sell tobacco:
• Requires that employees of businesses that sell tobacco must train their employees in how to
comply with state laws regarding the sale of tobacco products.
• Establishes procedures for renewing licenses.
• Requires written consent of parents or guardians in order minors to sell tobacco products.
• Prohibits sales or transfer of tobacco to any person under the age of eighteen (18) years.
• Establishes restrictions on the sale of single packages of cigarettes or smokeless tobacco.
• Establishes restrictions on vending machine sales unless minors are at all times prohibited
from entering the licensed establishment.
• Prohibits licenses for tobacco sales from a moveable place of business.
• Requires annual compliance checks of all licensed businesses and establishes procedures for
these checks.
• Defines the following acts as violations of this ordinance: illegal sales, illegal possession,
illegal use, illegal procurement, use of false identification.
• Establishes an administrative penalty procedure.
• Establishes penalties for violation of the tobacco sales ordinance.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins
library.
First Reading of Ordinance 97-805 October 7, 1997
Second Reading of Ordinance 97-805 October 21, 1997
Publication of Summary Ordinance 97-805 October 29, 1997
Effective Date of Ordinance 97-805 November 18, 1997