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(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
PUBLIC DANCE. Any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, which fee may be in the form of a club membership, or payment of money, directly or indirectly.
PUBLIC DANCING PLACE. Any room, place or space open to public patronage in winch dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing.
(B) License required. It is unlawful for any person to operate a public dancing place, or hold a public dance, without a license therefor from the city.
(C) License fee. The license fee shall include the cost of providing attendance of a police officer or officers.
(D) Application and license.
(1) A verified application for a dance license shall be filed with the city and shall specify the names and addresses of the person, persons, committee or organization that is to hold the dance, time and place thereof and the area of the dance floor.
(2) All applications shall be accompanied by affidavits of two residents showing that the applicant is of good character and reputation in the community in which he or she lives, that he or she has not been convicted of a felony, gross misdemeanor or violation of any public dance laws within the past five years. No license shall be issued to any person who has been so convicted.
(3) No license shall be granted by the Council for any place having so-called “private apartments” or “private rooms” furnished or used for any purposes other than a legitimate business purpose which adjoins the dancing place, or which may be reached by stairs, elevators or passageway leading from the dancing place. Nor shall a license be granted for any place which is not properly ventilated and equipped with necessary toilets, washrooms or lighting facilities.
(4) Applications may be referred by the Council to the Chief of Police for investigation and report prior to being acted upon by the Council.
(5) The Council shall act upon all dance license applications at a regular or special meeting thereof, whether or not it is included in the call or agenda of the meeting.
(6) At least one officer of the law shall be designated by the Chief of Police and employed by the city to be present at every public dance during the entire time the dance is being held. For purposes of this division (D)(6), the term
OFFICER OF THE LAW means any person who is a full-time or part-time peace officer. In the discretion of the Council or Chief of Police, more than one such peace officer may be required.
(7) The dance license shall be posted in the public dancing place and shall state the name of the licensee, the amount paid therefor and the time and place licensed. The license shall also state that the licensee is responsible for the manner of conducting the dance.
(8) No license shall be issued to any applicant under the age of 18 years.
(E) Dance regulations.
(1) Obscenity and immorality prohibited. It is unlawful for any person to dance, or for a licensee to permit or suffer any person to dance at any public dance in an indecent or immodest manner. It is also unlawful for any person at a public dance to speak in a rude, boisterous, obscene or indecent manner or for any licensee to suffer or permit any person so to act or speak in any public dancing place.
(2) Illumination. Every public dancing place shall be brightly illuminated while in public use and dancing therein while the lights are extinguished, dimmed or turned low so as to give imperfect illumination is prohibited.
(3) Certain persons prohibited. No licensee shall permit any unmarried person under the age of 16 years, unless the unmarried person is accompanied by his or her parent or guardian, to remain in a public dancing place. Nor shall any licensee permit any intoxicated person, or other person who persists in violating the law, to be or remain in a public dancing place.
(4) Hours of dancing. No public dance shall be held on Sunday between the hours of 1:00 a.m. and 12:00 noon. No public dance shall be held on any day between the hours of 1:00 a.m. and 6:00 a.m.
(A) License required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the city.
(B) Exceptions, the following instances. No license shall be required in:
(1) Performances presented in the local schools and colleges, under the sponsorship of the schools and colleges and primarily for the students thereof only;
(2) Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only; and
(3) Any performance or event in, or sponsored by, bona fide local church and non-profit organizations; provided that, the organization shall be incorporated.
(A) License required. It is unlawful for any person to keep or maintain any bowling alley available for public use without first having obtained a license from the city.
(B) Hours. No bowling alley shall be open during the hours from 2:00 a.m. to 7:00 a.m. of any day or from 2:00 a.m. to 12:00 midnight on Sunday.
(A) Purpose. Because the city recognizes that the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 21 violates both state and federal law; and because studies, which the city accepts and adopts, have shown that high school use of any commercial tobacco product has increased to 27.6% in Minnesota; and because nearly 90% of people who smoke begin smoking before they have reached the age of 18 years, and that almost no one starts smoking after age 25; and because marketing analysis, public health research, and commercial tobacco industry documents reveal that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the presence of such flavors can make it more difficult to quit; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial burden on all levels of government, this section is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke, as stated in M.S. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of: the U.S. Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The Health Consequences of Smoking-50 Years of Progress (2014) and Preventing Tobacco Use Among Youth and Young Adults (2012); the Centers for Disease Control and Prevention in their studies, Tobacco Use Among Middle and High School Students-United States, 2011-2015 (2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997 (1998); and the following scholars in these scientific journals: Chen, J., & Millar, W.J. (1998). Age of smoking initiation: implications for quitting. Health Reports, 9(4), 39-46; D’Avanzo, B., La Vecchia, C., & Negri, E. (1994). Age at starting smoking and number of cigarettes smoked. Annals of Epidemiology, 4(6), 455-459; Everett, S.A., Warren, C. W., Sharp, D., Kann, L., Husten, C.G., & Crossett, L. S. (1999). Initiation of cigarette smoking and subsequent smoking behavior among U.S. high school students. Preventive Medicine, 29(5), 327-333; Giovino, G. A. (2002). Epidemiology of tobacco use in the United States. Oncogene, 21(48), 7326-7340; Khuder, S. A., Dayal, H. H., & Mutgi, A. B. (1999). Age at smoking onset and its effect on smoking cessation. Addictive Behaviors, 24(5), 673-677; Luke, D. A., Hammond, R.A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A., Henriksen, June 2020 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 6L. (2017). Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740-746; Minnesota Department of Health. (2020). Data Highlights from the 2019 Minnesota Youth Tobacco Survey. Saint Paul, MN; Tobacco Control Legal Consortium. (2006). The Verdict Is In: Findings from United States v. Philip Morris, The Hazards of Smoking. University of California San Francisco. Truth Tobacco Industry Documents, https://industrydocumentslibrary.ucsf.edu/tobacco; Xu, X., Bishop, E.E., Kennedy, S. M., Simpson, S. A., & Pechacek, T.F. (2015) Annual healthcare spending attributable to cigarette smoking: an update. American Journal of Preventive Medicine, 48(3), 326-333, copies of which are adopted by reference.
(B) Definitions and interpretations. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice versa. The term "shall" means mandatory and the term "may" means permissive.
CANNABINOID. Any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. CANNABINOID includes but is not limited to tetrahydrocannabinol and cannabidiol.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in C.F.R., Title 16, § l700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in C.F.R., Title 16, § 1700.20, as in effect on January 1, 2015.
CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in M.S. § 297F.01, subd. 3 as it may be amended from time to time.
COMPLIANCE CHECKS. The system the city uses to investigate and insure that those authorized to sell licensed products are following and complying with the requirements of this section. COMPLIANCE CHECKS involve the use of persons under the age of 21 who purchase or attempt to purchase licensed products. COMPLIANCE CHECKS may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. (June 2020 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 7)
DELIVERY SALE. The sale of any licensed product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail establishment. DELIVERY SALE includes but is not limited to the sale of any licensed product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. DELIVERY SALE includes delivery by licensees or third parties by any means, including curbside pick-up.
ELECTRONIC CIGARETTE OR VAPING DEVICES. Any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device. The term shall include such devices whether they are manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other product name.
ELECTRONIC DELIVER DEVICE. Any product containing or delivering nicotine, lobelia, or any other 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-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component 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. Any 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, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express 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 presumptive evidence that the product is a flavored product. (June 2020 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 8)
IMITATION TOBACCO PRODUCT. Any edible non-tobacco product designed to resemble a tobacco product and intended to be used by children as a toy. IMITATION TOBACCO PRODUCT includes, but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco snuff tins. IMITATION TOBACCO PRODUCT does not include electronic delivery devices or nicotine or lobelia delivery products.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. INDIVIDUALLY WRAPPED tobacco and 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 in this section shall not be considered INDIVIDUALLY PACKAGED. Cartons, shall be defined in this section, as packaging containing ten or more packages of cigarettes.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50% 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 temporary or permanent.
LICENSED PRODUCTS. Collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. Used to refer to single 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.
MINOR. Any natural person who has not yet reached the age of 18 years.
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 that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia 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 "drugs," "devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic Act.
PHARMACY. A place of business at which prescription drugs are prepared, compounded, or dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy services are delivered.
PROHIBITED SUBSTANCES. Any tobacco, cannabinoid, or cannabis related product, electronic cigarette and any other substance labeled as not safe for or intended for human consumption.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENT includes, but is not limited to, grocery stores, tobacco products shops convenience stores, liquor stores, gasoline services stations, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE DISPLAY. The open display of licensed products in a retail establishment in any manner where any person has access to the licensed products 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 required in order to access the licensed product.
SMOKE. the gases, particles or vapors released into the atmosphere as a result of combustion, electrical ignition or vaporization of or by any prohibited substance;
(a) Smoking shall mean inhaling or exhaling smoke from any instrumentality, including but not limited to any cigar, cigarette, pipe, hookah pipe or an operating electronic cigarette, or having in possession any such instrumentality producing smoke or engaging in any act that generates smoke;
(b) Tobacco related products shall mean any product containing, made or derived from tobacco that is intended for human consumption, or any component, part, or accessory of a tobacco product, including but not limited to tobacco found in cigars and cigarettes, tobacco intended to be used in pipes or cigarettes, chewing tobacco, moist or dry snuff, dissolvable tobacco products and electronic cigarettes and any other product containing, made or derived from tobacco that is intended or expected to be consumed with or without being combusted but does not include any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, tobacco dependent product or for other medical purposes and is marketed and sold only for those purposes.
SMOKING. Inhaling, exhaling, burning, or carrying any 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.
TOBACCO. Any product containing, 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 by not limited to: cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff, snuff flour, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. TOBACCO 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.
TOBACCO-RELATED DEVICE. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE includes 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 that dispenses licensed products upon the insertion of money, tokens, or other form of payment into or onto the device by the person seeking to purchase the licensed product.
YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25% or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. YOUTH-ORIENTED FACILITY includes, but is not limited to, schools, playgrounds, recreation centers, and parks.
(C) License required. 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.
(1) Application. An application for a license to sell tobacco, tobacco products or tobacco-related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s 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 forward the application to the City Council for action at its next regularly scheduled Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
(2) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council approves the license, the City Clerk shall issue the license to the applicant. If the 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 Council’s decision.
(3) Term. All licenses issued under this section shall be valid for one calendar year, except, if issued in mid year, the license shall expire as of December 31 of that year.
(4) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in division (J) below.
(5) Transfers. All licenses issued under this section 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.
(6) 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 section.
(7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(8) Renewals. The city shall notify the tobacco license applicants of their renewal in December of each year.
(D) Fees. No license shall be issued under this section until the appropriate license fee shall be paid in full. The fee for a license under this section shall be $75 for the year 1998 and $100 for the year 1999 and for each year thereafter until further action by the City Council.
(E) Basis for denial of license. The following shall be grounds for denying the issuance or renewal of a license under this section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. 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 section:
(1) The applicant is under the age of 18 years;
(2) The applicant 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 tobacco or tobacco products or tobacco-related devices;
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco-related devices 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; and
(5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license.
(F) Prohibited sales. It shall be a violation of this section for any person to offer to sell any tobacco, tobacco product or tobacco-related device:
(1) To any person under the age of 21 years;
(2) By means of any type of vending machine unless the facility cannot be entered by any person under the age of 21;
(3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, or tobacco-related device, except for the sale of cartons of cigarettes;
(4) By means of loosies as defined in division (B) above; and
(5) By any other means, or to any other person, prohibited by federal, state or other local law, ordinance provision or other regulation.
(G) Responsibility. All licensees under this section 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 an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the City Clerk to whatever penalties are appropriate under this section, state law or other applicable law or regulation.
(H) Compliance check and inspection. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when the items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor’s age and all minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. The city shall have one complete compliance check per year wherein it shall check all licensed premises in the city and an additional check conducted by the Police Department of the largest sellers of tobacco products in the community. Compliance checks must use minors who are over 17 years of age of under 21 years of age.
(I) Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this section.
(1) Illegal possession. It shall be a violation of this section for any minor to have in his or her possession any tobacco, tobacco product or tobacco-related device. This division (I)(l) shall not apply to minors lawfully involved in a compliance check on behalf of the city or who have only temporary possession during a legal sales transaction.
(2) Illegal use. It shall be a violation of this section for any individual 21 years of age or under to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco-related device.
(3) Illegal procurement. It shall be a violation of this section for any individual 21 years of age or under 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 section for any person to purchase or otherwise obtain the items on behalf of an individual 21 years of age or under. It shall also be a violation of this section for any person to sell or otherwise provide any tobacco, tobacco product or tobacco-related device to any individual 21 years of age or under and it shall further be a violation for any person to coerce or attempt to coerce an individual 21 years of age or under to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco-related device. This division (I)(3) shall not apply to individuals 21 years of age or under lawfully involved in a compliance check on behalf of the city.
(4) Use of false identification. It shall be a violation of this section for any individual 21 years of age or under 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 of the person has been modified or tampered with to represent an age older than the actual age of the person.
(5) No smoking on or near Essentia Health Campus. This section prohibits smoking on sidewalks and publicly-owned outdoor areas within 50 feet of the Essentia Health campus.
(a) PUBLIC PLACE. Any public street, public sidewalk, public easement, publicly-owned property, public park, publicly owned or operated parking lot or parking facility.
(b) SMOKE OR SMOKING. The use or possession of a lighted cigar, cigarette, pipe, tobacco smoking device, cannabinoid smoking device, or any other lighted smoking equipment.
(c) No person shall smoke in any public place within 50 feet of the nearest property line of the Essentia Health campus, the 50 feet measured in a straight line in constant elevation.
(d) The prohibition of division (I)(5)(c) above does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley.
(6) Smoking prohibitions. Tobacco and cannabinoids smoke is a major contributor to indoor air pollution, and breathing second hand smoke, whether indoors or outdoors, is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap. Health hazards induced by breathing second hand smoke include, but are not limited to: lung cancer, heart disease, respiratory infection and decreased respiratory function. The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco and cannabis smoke for which there is no known safe level of exposure. Thus the City Council deems that creating public spaces that limit the exposure to secondhand smoke is necessary for public health and safety.
(a) By order of the City Council of the City of Virginia, smoking, as defined in § 6.33(B), is prohibited in the following locations:
i. On all public streets, public sidewalks, public easements, or within ten feet of an entrance to such building unless designated otherwise for such use by order to the City Council.
ii. In all publicly-owned or operated parking lot or parking facility. This prohibition does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley, or in a parking lot or facility.
iii. On all publicly-owned property, public parks unless a permit has been issued for the area or in an area designated for such use.
iv. In all buildings used as a youth-oriented facility.
(b) This section is intended to complement the Minnesota Clean Indoor Air Act, M.S. §§ 144.411 to 144.417, as amended from time to time. Nothing in this section authorizes smoking in any location where smoking is restricted by other applicable laws.
(c) Any person violating § 6.33 of the City Code is guilty of a petty misdemeanor.
(Amended 1-1-2007)
(J) Violations and penalties.
(1) Notice. A person violating this section may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of their right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number.
(2) Hearings.
(a) Upon issuance of a citation, a person accused of violating this section may request in writing a hearing on the matter. Hearing requests must be made within ten business days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within ten business days of the issuance of the citation will terminate the person’s right to a hearing.
(b) The City Clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten business days prior to the hearing.
(3) Hearing officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(4) Decision. A decision will be issued by the hearing officer within ten business days of the hearing. If the hearing officer determines that a violation of this section did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in division (A)(6) of this section.
(5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of $1,000 must be paid by the person requesting the hearing.
(6) Appeals. Appeals of any decision made by the hearing officer must be filed in Saint Louis County district court located within the City of Virginia within ten business days of the date of the decision.
(7) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(K) Administrative penalties.
(1) Licensees. Any licensee cited for violating this section, or whose employee has violated this section, will be charged an administrative fine of $300 for a first violation; $600 for a second offense at the same licensed premises within a 36-month period; and $1,000 for a third or subsequent offense at the same location within a 36-month period. Upon the third violation, the license will be suspended for a period of not less than 30 consecutive days and may be revoked. Upon a fourth violation within a 36-month period, the license will be revoked.
(2) Employees of licensees and other individuals. Individuals, other than persons under the age of 21 regulated in division (K)(3) of this section, who are found to be in violation of this section may be charged an administrative fine of $50.
(3) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to noncriminal, 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 with educators, parents, guardians, persons under the age of 21, public health officials, court personnel, and other interested parties to determine an approopriate remedy for persons under the age of 21 in the city 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 § (B)(1) authorized to impose by M.S. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail.
(L) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for an alleged second violation of this section by a person 21 years of age or older within five years of a previous conviction under the section.
(M) Exceptions and defenses. Nothing in this section shall prevent the providing of 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 section for a person to have reasonably relied on proof of age as described by state law.
(O) Severability and savings clause. If any section or portion of this section 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 and enforceability of any other section or provision of this section.
(Adopted 9-24-1997; Am. Ord. passed 11-24-2020; Am. Ord. passed 9-26-2023)
(A) 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 section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term PEDDLER shall mean the same as the term “hawker.”
PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.
REGULAR BUSINESS DAY. Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be counted as regular business days.
SOLICITOR. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term “canvasser.”
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days.
(B) Exceptions to definitions.
(1) For the purpose of the requirements of this section, the terms
PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retailer of the items being sold by the wholesaler. The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route.
(2) In addition, persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definitions of
PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court-ordered sale. Exemption from the definitions for the scope of this section shall not excuse any person from complying with any other applicable statutory provision or local ordinance.
(3) Nothing in this section shall be interpreted to prohibit or restrict door-to-door advocacy. Persons engaging in door-to-door advocacy shall not be required to register as solicitors under division (G) of this section. The term
DOOR-TO-DOOR ADVOCACY includes door-to-door canvassing and pamphleteering as vehicles for the dissemination of religious, political and other ideas.
(C) Licensing; exemptions.
(1) County license required. No person shall conduct business as a peddler, solicitor or transient merchant within the city limits without first having obtained the appropriate license from the county as required by M.S. Ch. 329, as it may be amended from time to time, if the county issues a license for the activity.
(2) City license required. Pursuant to M.S. § 437.02, as it may be amended from time to time, except as otherwise provided for by this section no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the city. Solicitors need not be licensed, but are still required to register pursuant to division (G) of this section.
(3) Application. Application for a city license to conduct business as a peddler or transient merchant shall be made at least 14 regular business days before the applicant desires to begin conducting business operations in the city. Application for a license shall be made on a form approved by the City Council and available from the office of the City Clerk. All applications shall be signed by the applicant. All applications shall include the following information:
(a) Applicant’s full legal name.
(b) All other names under which the applicant conducts business or to which applicant officially answers.
(c) A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like).
(d) Full address of applicant’s permanent residence.
(e) Telephone number of applicant’s permanent residence.
(f) Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent.
(g) Full address of applicant’s regular place of business (if any).
(h) Any and all business related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines.
(i) The type of business for which the applicant is applying for a license.
(j) Whether the applicant is applying for an annual or daily license.
(k) The dates during which the applicant intends to conduct business, and if the applicant is applying for a daily license, the number of days he or she will be conducting business in the city, with a maximum 14 consecutive days.
(l) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business.
(m) A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses.
(n) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.
(o) Proof of any required county license.
(p) Written permission of the property owner or the property owner’s agent for any property to be used by a transient merchant.
(q) A general description of the items to be sold or services to be provided.
(r) All additional information deemed necessary by the City Council.
(s) The applicant’s driver’s license number or other acceptable form of identification.
(t) The license plate number, registration information and vehicle identification number (VIN) for any vehicle to be used in conjunction with the licensed business, and a physical description of the vehicle.
(4) Fee. All applications for a license under this section shall be accompanied by the fee established by the City Council.
(5) Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk, within two regular business days, must determine if the application is complete. An application is determined to be complete only if all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required necessary information that is missing. If the application is complete, the City Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within ten regular business days of receiving a complete application the City Clerk must issue the license unless there exist grounds for denying the license under division (D) of this section, in which case the Clerk must deny the license application. If the City Clerk denies the license application, the applicant must be notified in writing of the decision, the reason for denial, and of the applicant’s right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request for a public hearing. The decision of the City Council following the public hearing can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari.
(6) Duration. An annual license granted under this section shall be valid for one calendar year from the date of issue. All other licenses granted to peddlers and transient merchants under this section shall be valid only during the time period indicated on the license.
(7) License exemptions.
(a) No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm.
(b) No license shall be required of any person going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place movement when the activity is for the purpose of exercising that person’s State or Federal Constitutional rights such as the freedom of speech, press, religion and the like, except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity.
(D) License ineligibility. The following shall be grounds for denying a license under this section:
(1) The failure of the applicant to obtain and show proof of having obtained any required county license.
(2) The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application.
(3) The conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Those violations shall include but not be limited to burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
(4) The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant.
(5) The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than three complaints against the applicant with the Better Business Bureau, the Office of the Minnesota Attorney General, or other state attorney general’s office, or other similar business or consumer rights office or agency, within the preceding 12 months, or three complaints filed against the applicant within the preceding five years.
(E) License suspension and revocation.
(1) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:
(a) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by the applicant on the application form.
(b) Fraud, misrepresentation or false statements made during the course of the licensed activity.
(c) Subsequent conviction of any offense for which granting of a license could have been denied under division (D) of this section.
(d) Engaging in prohibited activity as provided under division (H) of this section.
(e) Violation of any other provision of this section.
(2) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked.
(3) Notice. Prior to revoking or suspending any license issued under this section, the city shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.
(4) Public hearing. Upon receiving the notice provided in division (E)(3) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision.
(5) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this section, the City Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in division (E)(3) of this section.
(6) Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court.
(F) License transferability. No license issued under this section shall be transferred to any person other than the person to whom the license was issued.
(G) Registration. All solicitors, and any person exempt from the licensing requirements of this section under division (C), shall be required to register with the city. Persons engaging in door-to-door advocacy shall not be required to register. The term DOOR-TO-DOOR ADVOCACY includes door-to- door canvassing and pamphleteering as vehicles for the dissemination of religious, political and other ideas. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the City Clerk shall issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shall be non-transferable.
(H) Prohibited activities. No peddler, solicitor or transient merchant shall conduct business in any of the following manners:
(1) Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure.
(2) Conducting business in a way as to create a threat to the health, safety and welfare of any individual or the general public.
(3) Conducting business before 7:00 a.m. or after 9:00 p.m.
(4) Failing to provide proof of license or registration, and identification, when requested; or using the license or registration of another person.
(5) Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person.
(6) Remaining on the property of another when requested to leave, or to otherwise conducting business in a manner a reasonable person would find obscene, threatening, intimidating or abusive.
(I) Exclusion by placard. No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard at least four inches long and four inches wide with print of at least 48 point in size stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors, and Transient Merchants Prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this section.
(J) Effectiveness. The provisions of division (A), (B), (H) and (I) of this section shall automatically apply upon adoption of this section. Divisions (C), (D), (E), (F) and (G) of this section shall not be effective until the adoption of a City Council resolution or ordinance authorizing the licensing of persons covered by those sections.
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
GARBAGE. All putrescible wastes, including animal offal and carcasses of dead animals, but excluding human excrete, sewage and other water-carried wastes.
OTHER REFUSE. Ashes, glass, crockery, cans, paper, boxes, rags and similar non-putrescible wastes, but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood.
(B) License required. It is unlawful for any person to haul garbage or other refuse for hire without a license therefor from the city, or to haul garbage or other refuse from his or her own residence or business property other than as herein excepted.
(C) Exception. Nothing in this section shall prevent persons from hauling garbage or other refuse from their own residences or business properties provided the following rules are observed:
(1) All garbage is hauled in containers that are water-tight on all sides and the bottom and with tight-fitting covers on top;
(2) All other refuse is hauled in vehicles with leak-proof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo; and
(3) All garbage and other refuse shall be dumped or unloaded only at the designated sanitary landfill.
(D) Hauler licensee requirements.
(1) Hauler licenses shall be granted only upon the condition that the licensee have water-tight, packer-type vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicle be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage or refuse, and that the same be dumped or unloaded only at the designated sanitary landfill, and strictly in accordance with regulations relating thereto.
(2) Before a garbage and refuse hauler’s license shall be issued, the applicant shall file with the City Clerk evidence that he or she has provided public liability insurance on all vehicles in at least the sum of $100,000 for the injury of one person, $300,000 for the injury of two or more persons in the same accident and $10,000 for property damages.
(3) Licensees shall deliver all refuse to the sanitary landfill and shall be required to pay non-resident rates for any refuse collected outside the city. Collection outside the city and failure to pay non-resident rates therefor shall be grounds for revocation of the license.
(4) The Council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees and to limit the number of licenses issued.
(5) Each applicant shall file with the City Clerk, before a garbage and refuse hauler’s license is issued or renewed, a schedule of proposed rates to be charged by him or her during the licensed period for which the application is made. The schedule of proposed rates, or a compromise schedule thereof, shall be approved by the Council before granting the license. Nothing herein shall prevent a licensee from petitioning the Council for review of the rates during the licensed period and the Council may likewise consider the petition and make new rates effective at any time. No licensee shall charge rates in excess of the rates approved by the Council.
(A) Defined. For the purpose of this section, the term KENNEL means any place, building, tract of land, abode or vehicle, wherein or whereon more than three dogs, over six months of age, are kept, kept for sale or boarded.
(B) License required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the city.
(C) License fee. The annual fee for a kennel license is $10.
(D) Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this section.
(E) Zoning. No license shall be issued to a person for operation of a kennel in a zoning district where the operation is not permitted or otherwise allowed under the Zoning Chapter of the city code.
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