CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-900
TOBACCO

5-901 Purpose. The City of Coon Rapids recognizes that many persons under the age of eighteen years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and that such sales, possession, and use are in violation of both State and Federal laws. The City finds that studies have shown that most smokers begin smoking before they have reached the age of eighteen years and that those persons who reach the age of eighteen years without having started smoking are significantly less likely to begin smoking; and that smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; therefore this Chapter is 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 to smoke as stated in Minnesota Statutes, Section 144.391.

5-902 Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following terms shall have the definitions given to them:

(1) Tobacco or Tobacco Products. “Tobacco” or “Tobacco Products” shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse, scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking.
(2) Tobacco Related Devices. “Tobacco Related Devices” shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products.
(3) Self-service Merchandising. “Self-service Merchandising” shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines.
(4) Vending Machine. “Vending Machine” shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco products, or tobacco related device.
(5) Individually Packaged. “Individually Packaged” shall mean 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 cigars, 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 subdivision shall not be considered individually packaged.
(6) Loosies. “Loosies” shall mean the common term to refer to a single or individually packaged cigarette.
(7) Minor. “Minor” shall mean any natural person who has not yet reached the age of eighteen (18) years.
(8) 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.
(9) Movable Place of Business. “Movable Place of Business” shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions.
(10) Sale. A “Sale” shall mean any transfer of goods for money, trade, barter, or other consideration.
(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 Chapter. Compliance checks shall involve the use of minors as authorized by this Chapter. 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. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices.

5-903 License. No person shall sell, offer for sale, keep for sale, or otherwise dispose of, directly or indirectly, any tobacco, tobacco products, or tobacco related devices without first obtaining a license to do so from the City.

(1) Exceptions.

(a) This Section does not apply to the wholesale of tobacco, tobacco products, or tobacco related devices provided sales are not made to the general public.
(b) This Section does not apply to retail establishments that may incidentally sell articles which could meet the definition of tobacco related devices, but which establishments do not sell tobacco or tobacco products and the articles sold are not intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco products.

(2) Application. An application for a license shall be made to the City Clerk in writing on a form provided by the City. The application shall include the following:

(a) Applicant’s full name and date of birth.
(b) Applicant’s residence address and telephone number.
(c) Applicant’s business address and telephone number.
(d) Name of applicant’s business.
(e) Location of applicant’s business.
(f) Kind of business being conducted or to be conducted.
(g) Whether the applicant has been convicted within the last five years of violating any Federal, State, or local laws relating to the sale of tobacco, tobacco products, or tobacco related devices, and if so where and when.
(h) Whether the applicant has, within the preceding 24 months, had a license to sell tobacco, tobacco products, or tobacco related devices suspended or revoked by any jurisdiction, and, if so, where and when. [Revised 3/1/05, Ordinance 1871]
(i) Such other information as required by the City.

(3) Issuance of License. New licenses and license renewals shall be issued or denied by the City Clerk in accordance with the provisions of Section 5-102, except that the Clerk shall have an initial review period of up to 30 business days in which to issue or deny a license. [Revised 3/1/05, Ordinance 1871]
(4) Appeal. Any person aggrieved by the action of the City Clerk in issuing or denying a new or renewal license may appeal that decision to the City Council by submitting a written appeal request, stating the grounds for the appeal, to the City Clerk within ten (10) calendar days following the Clerk’s decision. The Clerk shall submit a properly submitted appeal to the City Council in accordance with the provisions of Section 5-104. A license issued by the Clerk shall remain in effect until the City Council has acted on the matter. The Council may affirm or overturn the action of the Clerk. In the event the Council overturns the action of the Clerk and denies the application, the previously issued license shall be immediately null and void. [Revised 3/1/05, Ordinance 1871]

5-904 Term of License. All licenses issued under this Chapter shall expire at midnight on December 31st of each year.
5-905 Fees. Application and license fees for licenses issued pursuant to this Chapter shall be established from time to time by ordinance of the City Council. Fees shall be sufficient to cover the costs of investigating and issuing a license and the anticipated expenses and costs of enforcing this Chapter. Fees shall be prorated on a monthly basis and the commencement of a license period may be stayed until the purpose for which the license is granted begins. All required fees shall accompany an application and if an application is denied the license fee shall be returned to the applicant. The investigation fee is non-refundable. [Revised 3/1/05, Ordinance 1871]
5-906 Display. All licenses shall at all times be posted and displayed on the licensed premises in plain view for the general public.
5-907 Transfer of License. All licenses issued under this Chapter shall be valid only for 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 City Council.
5-908 Movable Place of Business. No license shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this Chapter.
5-909 Renewals. The renewal of a license issued under this Section shall be handled in accordance with Section 5-903(3). The request for a renewal shall be made at least 30 days, but no more than 60 days, before the expiration of the current license. The issuance of a license pursuant to this Chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
5-910 Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this Chapter; however, except as may otherwise be provided by law, the existence of any particular grounds for denial does not require that the City 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 eighteen years.
(2) The applicant has been convicted within the past five years of a violation of a Federal, State, or local law, ordinance provision or other regulation relating to tobacco, 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 twelve months of the date of application.
(4) The applicant fails to provide any information on the application or provides false or misleading information.
(5) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license.

5-911 Prohibited Sales. It shall be a violation of this Chapter for any person to sell or offer to sell any tobacco, tobacco products, or tobacco related device:

(1) To any person under the age of eighteen years.
(2) By means of any type of vending machine.
(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 and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee’s employee and the customer.
(4) By means of loosies.
(5) Containing opium, morphine, jimsonweed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process.
(6) By any other means, to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation.

5-912 Vending Machines. It shall be unlawful for any person, whether or not licensed under this Chapter, to allow the sale of tobacco, tobacco products, or tobacco related devices by means of a vending machine.
5-913 Self-service Sales. It shall be unlawful for a licensee under this Chapter to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related devices between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this Chapter is adopted shall comply with this Section within 90 days. This Section does not apply to stores that generate at least 90% of their revenues from the sale of tobacco, tobacco products, or tobacco related devices, provided that minors are, at all times, prohibited from entering the stores.
5-914 Responsibility. All licensees under this Chapter 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. Nothing in this Section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Chapter, State or Federal law, or other applicable law or regulation.
5-915 Compliance Checks and Inspections. 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, with the written consent of their parents or guardians, minors over the age of fifteen (15) years, but less than eighteen (18) years, to enter each licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as 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, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, training purposes or required for enforcement of a particular State or Federal law.
5-916 Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this Chapter:

(1) Illegal Sales. It shall be a violation of this Chapter for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor.
(2) Illegal Possession. It shall be a violation of this Chapter for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This sub-section shall not apply to minors lawfully involved in a compliance check.
(3) Illegal Use. It shall be a violation of this Chapter for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
(4) Illegal Procurement. It shall be a violation of this Chapter 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 Chapter for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further 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 sub-section shall not apply to minors lawfully involved in a compliance check.
(5) Use of False Identification. It shall be a violation of this Chapter 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 in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person.

5-917 Violations.

(1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.
(2) Hearings. If a person accused of violating this Chapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
(3) Hearing Officer. The City Manager shall from time to time designate a hearing officer.
(4) Decision. If the hearing officer determines that a violation of this Chapter did occur, the decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under Section 5-918 of this Chapter, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer may be made to the City Council by filing a written request for an appeal with the hearing examiner within ten days after the hearing examiner’s decision. The hearing examiner shall place the appeal on the next Council agenda that is held at least ten days following the receipt of the appeal request. Appeals from any decision of the City Council shall be filed in the District Court for the City in which the alleged violation occurred.
(6) Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Chapter. If the City elects to seek misdemeanor prosecution, no administrative penalties shall be imposed.
(7) Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(8) Affirmative Defense. It is an affirmative defense to the charge of selling or otherwise providing tobacco, tobacco products, or tobacco related devices to a minor in violation of Section 5-916(1) that the licensee or individual selling or providing the tobacco, tobacco products, or tobacco related device relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subd. 6.

5-918 Penalties.

(1) Licensees. Any licensee found to have violated this Chapter, or whose employee shall have violated this Chapter, shall be charged an administrative fine of $75.00 for a first violation of this Chapter; $200.00 for a second offense at the same licensed premises within a 24 month period; and $250.00 and a suspension of not less than seven days for a third or subsequent offense at the same location within a 24 month period. [Revised 9/19/06, Ordinance No. 1930]
(2) Other Individuals. Other individuals, other than minors regulated by Sub-section (3) of this Section, found to be in violation of this Chapter shall be charged an administrative fee of $75.00 for a first violation of this Chapter; $200.00 for a second offense within a 24 month period; and $250.00 for a third or subsequent offense within a 24 month period.
(3) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco product, shall be charged an administrative fee of $75.00 for first violation of this Chapter; $200.00 for a second offense within a 24 month period; and $250.00 for a third or subsequent offense within a 24 month period. In addition, a minor may be required to attend a tobacco education program as determined from time to time by the City Council.
(4) Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this Chapter.

5-919 Revocation or Suspension. The City Council may revoke or suspend any license for cause. Before revocation or suspension, the licensee shall be provided with written notice setting forth the nature of the charges against the licensee and setting a date for a hearing before the City Council, which hearing shall not be less than ten or more than thirty days following the date of service of such notice upon the licensee by registered mail or personal service. The licensee shall have the right to appear with counsel, and to present such evidence and make such argument as the Council may deem appropriate. The Council shall have the discretion and power to suspend the license pending the hearing. [Revised 3/1/05, Ordinance 1871]
5-920 Exceptions and Defenses. Nothing in this Chapter 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.
5-921 Severability and Savings Clause. If any Section or portion of this Chapter shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or affect the validity and enforceability of any other Section or provision of this Chapter. [Revised 11/17/98, Ordinance 1649]