Resolution No. 03102020E
Resolution to Amend City
Ordinance 625 – Tobacco Control
WHEREAS, the City Council met on Tuesday, March 10, 2020, to amend Ordinance Section 625 to read as follows:
Section 625.04: LICENSES.
Subd. 1.
A. No person shall retail sell or offer to retail sell any tobacco without first having obtained a license to do so from the City.
B. All licenses issued under this Ordinance shall expire on December 31 next following the date of issuance, shall not be transferable from one person to another and the fee for license shall be as set forth in the Schedule of Fees, Section 215.
C. All licenses are effective only for the licensed premises.
D. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
E. Pursuant to Minnesota Statutes, section 461.15, or successor statute, no applicant for a license shall be required to pay any license fee upon furnishing a doctor’s certificate showing that the applicant is blind, as defined by Laws 1937, Chapter 324.
F. Religious, Spiritual or Cultural Ceremonies or Practices. Nothing in this ordinance prevents the provision of tobacco or tobacco-related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual or cultural ceremony or practice.
Section 625.05: PERSONS INELIGIBLE.
Subd. 1. State Law Requirements. No license may be issued to a person made ineligible by State law.
Subd. 2. Restrictions in Addition to State Law.
A. No license may be issued to a person under 21 years of age.
B. No license may be issued to a person who has had a license issued under this Ordinance, or any ordinance of a political subdivision of this or another state in conformity with any of them, revoked within 5 years of the license application.
C. No new license may be issued to, and the City may refuse to renew the license of, a person who, within 5 years of the license application has been convicted of a felony or a willful violation of a federal or state law or local ordinance, or a statute or ordinance from another state in conformity with any of them, governing the retail sale of tobacco.
D. No license may be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this Ordinance.
WHEREAS, Ordinance Section 625 was also amended to read as follows:
Section 625.08: INSPECTIONS.
Subd. 1. State Law Requirement. The State law compliance check requirement shall be as provided in State law, and shall be conducted by the Kimball Police Department.
Subd. 2. Further Inspection Requirement in Addition to State Law. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City at all reasonable hours to enter in and on the licensed premises and inspect the premises and examine books, papers, and records for the purpose of determining compliance with the provisions of State law and this Ordinance.
Subd. 3. The Kimball Police Departments protocol for the tobacco compliance checks is as follows when A SALE is made to an individual under the age of 21:
• The Kimball Police Department will enter the establishment within two hours of the sale and inform the clerk that an illegal tobacco sale was made to an individual under the age of 21. The officer will have the photograph (Example: Driver License) of the buyer in case it is a requested and required form if necessary.
• The Kimball Police Depart-ment will request to speak with the store manager or owner. The officer will then inform them of the compliance check which was conducted and the penalties against the clerk and the licensee.
• The officer will request the full name and address of the clerk. The clerk, if necessary, will be ticketed with at least a $50.00 administrative fine (according to Minnesota Law) or a higher penalty depending on the local ordinance.
• Both the clerk and the manager/owner will be informed of the penalty process.
Subd. 4. The Kimball Police Department Protocol for the tobacco compliance checks is as follows when NO SALE is made to an individual under the age of 21:
• The Kimball Police Department will deliver or mail a commendation letter to the establishment within two days of the compliance check.
WHEREAS, Ordinance Section 625 was also amended to read as follows:
Section 625.12: ADMINISTRATIVE PENALTIES.
LICENSEES:
• $75.00 for first offense.
• $200.00 for second violation at same location in 24 months of initial violation.
• $250.00 for third violation at same location in 24 months of first and license suspension for not less than 7 days.
INDIVIDUAL:
• $75.00 administrative penalty.
(625.12 is an amendment which was approved by the City Council on Feb. 20, 2001)
These amendments are adopted the 10th day of March 2020, and shall be effective upon publication.
City of Kimball
Tammy Konz, Mayor
Nicole Pilarski, MCMC
City Clerk/Treasurer
Published in the Tri-County News Thursday, March 19, 2020.