11/9/2022 - Planning Commission - Regular - Agendas CITY OF SPRING PARK
PLANNING COMMISSION AGENDA
NOVEMBER 9, 2022 — 6:00 PM
SPRING PARK SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a. Planning Commission Minutes from September 14, 2022
3. REQUESTS & PRESENTATIONS
a. Mark Chase
b. THC Licensing Ordinance Consideration and potential Public Hearing for 12/14/22
c. Review Updated Tobacco Language and make recommendation to Council
4. CODE AMENDMENTS
a. Chapter 13: Amending Duration Language related to Mobile Food Units
b. Chapter 18: Amending Hoop House Definition
5. MISCELLANEOUS
6. ADJOURNMENT
CITY OF SPRING PARK
PLANNING COMMISSION MINUTES
SEPTEMBER 14, 2022 — 6:00 PM
SPRING PARK SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER
The meeting was called to order at 6:00p.m.
Planning Chair Hoffman and Commissioners Avalos, Mason, and Terryll were present. Commissioner
Homan was absent.
Staff Present: City Administrator Anderson, City Planner Brixius
Guest Speaker:Josh Leddy, Back Channel Brewing
2. APPROVAL OF MINUTES
a. Planning Commission Minutes from August 10, 2022
Commissioner Mason motioned, being seconded by Commissioner Teryyll, to approve the minutes as presented.
On vote being taken, the motion was unanimously approved.
3. BACK-CHANNEL BREWING (BCB)
a. Permanent Food Truck: City Planner Brixius provided a recap of a request from Back
Channel Brewery to allow for a Permanent Food Truck on the site for availability during the
winter months and when an alternate food truck is not available. He stated that the request
meets all the code requirements except for Section 3. Sec. 13-34. Duration and listed out
the concerns and questions that need to be addressed prior to recommendation to move
forward. Applicant,Josh Leddy, Back Channel Brewing, reviewed each concern and
provided detail and resolutions for each one. Discussion was had. City Planner Brixius
recommended that we move forward and present to Council Chair Hoffman's
recommendation to amend the language in the mobile food truck licensing code.
Chair Hoffman made a motion to revise the second sentence in Section 3. Sec. 13-34. Duration: removing "....45
additional days per calendaryear... "and replacing it with 351 days and quanting the language surrounding "...sole
discretion..."along with deleting the last sentence in the second paragraph. Commissioner Terryll amended the motion to
include defining the parameters surrounding the uses. Commissioner Mason seconded the motion. On vote being taken, the
motion was unanimously approved.
4. MISCELLANEOUS
a. Hoop House Definition:
City Administrator Anderson brought forward a situation of threatened litigation surrounding
the hoop house definition in the current city code. City Planner Brixius reviewed the definitions
provided in the Planning Commission packet and approved them to be added to code.
b. Merchandising:
Chair Hoffman provided information surrounding his findings on the process and requirements
of ordering City merchandise. There are minimum orders required with the marketing
companies and the process would have to be managed by City staff. Discussion was had.
Commissioner Terryl brought forward an idea to obtain the sales model and financial
information from Minnetonka Beach to determine if we can learn anything from their process.
Chair Hoffman will contact Minnetonka Beach and see what he can find out.
ADJOURNMENT
At 6:55, Commissioner Avalos motioned, being seconded by Commissioner Terry4 to adjourn the meeting.
On vote being taken, the motion was unanimously approved.
SPRING PARK
On Lake 3Kinnetonka
November 9 Planning Commission Memo
To: Spring Park—Planning Commission Members
From: Mike Anderson, Administrator
Subject: Agenda Item Summary
Hoop House Language: Our current language has the lack of enforcement to it. We need to add language in order to be
able to back our enforcement. The Language in front of you does that. We are looking for discussion and recommendation
to Council for approval.
Mobile Food Unit: Back Channel has requested to have a mobile or permanent food unit in their parking lot year-round.
The Planning Commission has recommended changing language to the ordinance to allow for this year-round. In front of
you tonight is an amendment that would allow it to move forward.We are looking for discussion and recommendation for
Council approval.
THC & Tobacco Ordinance: Currently the Council approved an MOU to not allow the sale of THC infused products.
The Ordinance in front of you would allow it with a license within the City of Spring Park.This has been reviewed and
approved by the City Attorney.
The Tobacco Ordinance needs an amendment.Recently,the State passed Tobacco 21 which changes the age of sale from
18 to 21 inside State lines. Our ordinance needs to reflect this. The amendment in front of you tonight shows the necessary
changes.We are looking for discussion and recommendation for approval to the City Council.
Cit Of Springy Par
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
WWW.CI.SPRING-PARK.MN.US
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO. 2022 -
AN ORDINANCE AMENDING THE SPRING PARK CITY CODE,
CHAPTER 12—BUSINESSES, BY ADDING ARTICLE V. THC PRODUCTS,
ESTABLISHING LICENSING FOR THE SALE OF THC PRODUCTS REGULATED
BY MINNESOTA STATUTES, SECTS N 151.72
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THE CITY COUNCIL OF THE CITY OF SPRING PARK,MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. The City Council of the Cit f p ng Park hereby amends Chapter 12 by
adding a new Article V. THC Products as follo >,
C
ARTICLE V. T7ftft� OD
DIVISION 1. GENERAL141Y
Sec. 12-50. Purpose and intent. h/
„%
(a) Purpose. The purpose of this section is'toxegudate f ny product that contains
tetrahydrocannabinol ("THC")and meets ttrd e'quirement5'to be sold for human or animal
consumption under Minnesota statutes, seet 151.72 ("THC products") for the following
reasons
(1) The city recognizes that, based one st reliable and up-to-date scientific evidence,
the introduction of legalized THC pr s presents a potential threat to the public
health, safety, and welfare of the residents of Spring Park.
1
(2) The city has the opportunity to proactive and make decisions that will mitigate this
threat, reduce exposure of young people to THC products, curtail the marketing of
THC products to young people, and improve retailer compliance with existing laws
related to THC products.
(3) A local regulatory system for retailers of THC products is appropriate to ensure that
such retailers comply with laws and business standards of the city of Spring Park to
protect the health, safety, and welfare of our youth and other vulnerable residents.
(4) Minnesota Statutes, section 151.72 requires THC product retailers to check the
identification of purchasers to verify that they are at least 21 years of age, comply with
certain packaging and labeling requirements to protect children and youth, and meet
certain potency and serving size requirements.
(5) State law further authorizes the Minnesota Board of Pharmacy to adopt product and
testing standards in part to curb the illegal sale and distribution of THC products and to
DOCSOPEN\SP275\1\836560.v 1-11/2/22
ensure the safety and compliance of commercially available THC products in the State
of Minnesota.
(6) State law does not preempt municipalities from adopting and enforcing local
ordinances to regulate retailers of THC products, including,but not limited to, business
licensing requirements.
(7) Establishing licensing requirements for retailers that desire to sell THC products will
not unduly burden legitimate business activities of such retailers who sell or distribute
THC products to adults but will allow the city to effectively regulate the operation of
lawful businesses and discourage violations of THC product-related laws.
In making these findings and enacting this section, it is the intent of the city to facilitate
responsible retail activities associated with THC products by allowing legal sale and access
without promoting increases in use, and to discourage violations of THC product-related laws,
especially those which prohibit or discourage the marketing, sale or distribution of THC products
to underage persons, as defined herein.
Sec. 12-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
Compliance checks. The system the city uses to investigate and ensure that those authorized
to sell THC products are following and complying with the requirements of this article.
Compliance checks shall involve the use of persons under the age of 21 as authorized by this
article. Compliance checks shall also mean the use of persons under the age of 21 who attempt to
THC products 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 THC products.
Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store
in Minnesota Statutes, section 340A.101, as it may be amended from time to time.
Moveable place of business. Any form of business operated out of a truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address store front or other
permanent type of structure authorized for sales transactions.
Retail establishment. Any place of business where THC products are available for sale to
the general public. Retail establishments shall include,but are not limited to, grocery stores,
convenience stores, breweries, and restaurants.
Sale. Any transfer of goods for money, trade,barter or other consideration, including giving
goods away for free, whether alone or in conjunction with other goods or products.
Sampling. The use or consumption of any THC product in a retail establishment by a
customer or potential customer for the purpose of sampling the product before a purchase.
Self-service merchandising. Open displays of THC products in any manner where any
person shall have access to the THC products 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 THC product between the customer and the licensee or employee.
D0CS0PEN\SP275\1\836560.v 1-11/2/22
THC Product. Any product that contains tetrahydrocannabinol and that meets the
requirements to be sold for human or animal consumption under Minnesota Statutes, section
151.72.
Vending machine. Any mechanical, electric or electronic or other type of device which
dispenses THC products upon the insertion of money, tokens or other form of payment directly
into the machine by the person seeking to purchase the THC product.
Sees. 12-53-12-60. Reserved.
DIVISION2. ADMINISTRATION AND ENFORCEMENT
Sec. 12-61. Violations.
(a) 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 the right to be heard on the accusation.
(b) Hearings. If a person accused of violating this article so requests, a hearing shall be
scheduled, the time and place of which shall be published and provided to the accused
violator.
(c) Hearing officer. The city council shall serve as the hearing officer.
(d) Decision. If the hearing officer determines that a violation of this article did occur, that
decision, along with the hearing officer's reasons for finding a violation and the penalty to
be imposed under section 12-62, 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.
(e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district
court.
(f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this article. If the city elects to
seek misdemeanor prosecution, no administrative penalty shall be imposed.
(g) Continued violation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense.
Sec. 12-62. Penalties.
(a) Licensees. Any licensee found to have violated this article, or whose employee shall have
violated this article, shall be charged an administrative fine as determined by the city
council. In addition, after the third offense,the license shall be suspended for not less than
seven days.
(b) Other individuals. Other individuals found to be in violation of this article shall be charged
an administrative fee as determined by the city council.
D0CS0PEN\SP275\1\836560.v 1-11/2/22
(c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a
misdemeanor for any violation of this article.
Sec. 12-63. Exceptions and defenses.
Nothing in this article shall prevent the providing of THC products to a person under the
age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an
affirmative defense to the violation of this article for a person to have reasonably relied on proof
of age as described by state law.
See. 12-64. Severability
If any section or provision of this article is held invalid, such invalidity shall not affect other
sections or provisions which can be given force and effect without the invalidated section or
provision.
Secs. 12-65-12-70. Reserved.
DIVISION 3. LICENSE
Sec. 12-71. Required.
(a) Obtaining from city. No person shall sell or offer to sell any THC product without having
obtained a license to do so from the city. 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 it was issued. No transfer of any license to another location or person shall be valid.
(b) Application. An application for a license to sell THC products 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 administrator/clerk/treasurer
shall forward the application to the city council for action at its next regularly scheduled
council meeting. If the city clerk determines that an application is incomplete, the clerk will
return the application to the applicant with notice of the information necessary to make the
application complete.
(c) 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 approves the license, the city clerk will issue
the license to the applicant. If the council denies the license, notice of the denial will be
given to the applicant along with notice of the applicant's right to appeal the council's
decision.
(d) Term. All licenses issued under this article shall be valid for one calendar year from July 1
through the following June 30. For any license issued after July 1 in any year,the license
shall be valid from the date of issue through the following June 30.
D0CS0PEN\SP275\1\836560.v 1-11/2/22
(e) Revocation or suspension. Any license issued under this article may be revoked or
suspended. In such case, the licensee may request or hearing or appeal as provided in
sections 12-61 and 12-62.
(f) Transfers. All licenses issued under this article 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
city council.
(g) 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 article.
(h) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
(i) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. 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 issued under this article 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.
Sec. 12-72. Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in
full. The fee for a license under this article shall be as listed on the appropriate license fee
schedule.
Sec. 12-73. Basis for denial.
(a) Grounds for denying the issuance or renewal of a license under this article, include, but are
not limited to, the following:
(1) The applicant is under the age of 21 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 THC
products.
(3) The applicant has had a license to sell THC products 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.
(5) The applicant is prohibited by federal, state or other local law, ordinance or other
regulation from holding such a license.
(6) The applicant is an exclusive liquor store.
(b) Except as may otherwise be provided by law, the existence of any particular grounds for
denial does not mean that the city must deny the license.
(c) 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 article.
D0CS0PEN\SP275\1\836560.v 1-11/2/22
Secs. 12-74-12-80. Reserved.
DIVISION 4. SALES RESTRICTIONS
Sec. 12-81. Prohibited sales.
(a) It shall be a violation of this article for any person to sell or offer to sell any THC products:
(1) To any person under the age of 21 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 THC product and whereby there is not a physical exchange of the THC product
between the licensee or the licensee's employee and the customer.
(4) By means of providing samples of any THC product free of charge or at a nominal
cost.
(5) By any other means, to any other person, or in any other manner or form prohibited by
federal, state or local law, ordinance provision, or other regulation.
Sec. 12-82. Vending machines.
It shall be unlawful for any person licensed under this article to allow the sale of THC
products by means of a vending machine.
Sec. 12-83. Self-service sales.
All THC products 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.
Sec. 12-84. Responsibility.
All licensees under this article shall be responsible for the actions of their employees in
regard to the sale of THC products 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 article, state or federal law, or other applicable law or regulation.
Sec. 12-85. 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 if
the person is under the age of 18, persons over the age of 17 years,but less than 21 years, to
enter licensed premises to attempt to purchase THC products. Individuals used for the purpose of
Created: 2021-11-01 15:":02 [EST]
(Supp.No.11)
Page 6 of 8
D0CS0PEN\SP275\1\836560.v 1-11/2/22
compliance checks shall be supervised by city-designated law enforcement officers or other
designated city personnel. No person under the age of 21 used in compliance checks shall
attempt to use a false identification misrepresenting the individual's age, and all individuals
under the age of 21 lawfully engaged in a compliance check shall answer all questions about the
individual's age asked by the licensee or his 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 or training purposes, or required for
the enforcement of a particular state or federal law or other applicable law or regulation.
Sec. 12-86. Other illegal acts.
Unless otherwise provided, the following acts shall be a violation of this article:
(1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise
provide any THC product to any person under the age of 21.
-87, Signage and age verification reauired,
(1) Signage. At each location where THC products are sold, the licensee shall display a
sign in plain view to provide public notice that selling any of THC products to any
person under the age of 21 is illegal and subject to penalties. The notice shall be placed
in a conspicuous location in the licensed establishment and shall be readily visible to
any person who is purchasing or attempting to purchase these products. The sign shall
provide notice that all persons responsible for selling these products must verify, by
means of photographic identification containing the bearer's date of birth, the age of
any person under 30 pears of age.
(2) Age verification. At each location where THC products are sold, the licensee shall
verify,by means of government-issued photographic identification containing the
bearer's date of birth, that the purchaser or person attempting to make the purchase is
at least 21 years of age. Verification is not required if the purchaser or person
attempting to make the purchase is 30 years of age or older. It shall not constitute a
defense to a violation of this subdivision that the person appeared to be 30 years of age
or older.
Section 2. This ordinance shall take effect following its adoption and publication.
ADOPTED by the City of Spring Park this day of , 2022.
CITY OF SPRING PARK
By:
Jerome Rockvam, Mayor
ATTEST:
By:
Jamie Hoffman, City Clerk
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO. 2022 -
AN ORDINANCE AMENDING THE SP -. ARK CITY CODE,
CHAPTER 12—BUSINESSES, REGARDING Tf ND TOBACCO-RELATED
DEVICES AND O UCT �
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THE CITY COUNCIL OF THE CITY OFSPRING PARK, MINNESOTA ORDAINS AS
FOLLOWS: MR
Section 1. The City Council'o th City of Spnh5 „rk hereby amends Chapter 12,
Article II,by adding the double underlined"Ian g a and d� Ong the st ew language as
follows:
ARTICLE II TOB, AND TOBACCO-RELATED DEES AND PRODUCTS]
mzv4 am ,,,
,, '
% VISION]. GENERALLY
Sec. 12-31 `3'urposc,and in ;,
(a) Purpose. Because the city ram, nizes that fray persons under the age of 4-921 years
pure a e or otherwise btam, p" ass and use tobacco, tobacco products and tobacco-
related devices, and such sales, pos �ion and use are violations of both state and federal
laws; and pause studies, which areh file at the state health department and which the
city accepts d adopts, have� hown that most smokers begin smoking before they have
reached the age of 4-921 years'and that those persons who reach the age of 4-521 years
without having start ' so ing are significantly less likely to begin smoking; and because
smoking has been sh ` o be the cause of several serious health problems which
y%
subsequently place a financial burden on all levels of government, this article 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
fninersyoung People against the serious effects associated with the illegal use of tobacco,
'Editor's note(s)—Ord. No. 19-04, § 1,adopted Sept. 16,2019,amended art. II in its entirety to read as herein set
out. Former art. II,§§12-31, 12-51-12-53 and 12-81-12-116, pertained to cigarettes and tobacco products,
and derived from Ord. No.67, §§1-14,adopted 1-20-1998.
State law referen ce(s)—Authority to regulate the sale, possession,and use of tobacco products, Minn.Stat. §
412.221,subd.32; Minn.Stat.§§461.12-461.18 do not preempt a local ordinance that provides for more
restrictive regulation of tobacco sales, Minn.Stat.§461.19;authority to adopt more stringent regulations
than those set out in Minn.Stat. §609.685,subds. 1-3, Minn.Stat.§609.685,subd.4;authority to regulate
the retail sale of tobacco as defined in Minn.Stat. §609.685,subd. 1;sale of tobacco to children, Minn.Stat.
§461.12.
tobacco products and tobacco-related devices, and to further the official public policy of the
state in regard to preventing young people from starting to smoke as stated in Minn. Stat. §
144.391.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-32. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
Cigars. Any roll of tobacco that is wrapped in tobacco leaf or in any substance containing
tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minn. Stat. §
297F.01, subd. 3 as amended from time to time.
Compliance checks. 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 article. Compliance checks shall involve the use of minerspersons under
the age of 21 as authorized by this article. Compliance checks shall also mean the use of
minerspersons under the age of 21 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, electronic cigarettes, electronic delivery devices,
and nicotine or lobella delivery devices.
Electronic delivery device and electronic cigarette. Any product containing or delivering
nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human
consumption tha4 ean be used by a per-son te simulate smoking in the delivefy of flieefifie or-any
thef subst neo through inhalation of vapor from the product. Electronic delivery devices
includes, but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes,
electronic cigars, electronic pipe, vape pens, modes, 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 of include-ate
pr-eduet that has been approved or eei4ified by the United States Food and Dfug AdminJ-#r-;44'q4A
purposes, and is maiketed and sold for-stieh an appr-eved pt"es;" excludes drugs, devices, or
combination products, as those terms are defined in the Federal Food.Drug. and Cosmetic Act.
that are authorized for sale by the United States Food and Drug Administration..
Hookah. A pipe with a long, flexible tube by which the smoke is drawn through ajar of
water and thus cooled for the use of tobacco or tobacco related 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 definition shall not be considered
individually packaged.
D0CS0PEN\SP275\1\836543.v 1-11/1/22
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 percent 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.
Loosies. The common term used to refer to a single or individually packaged cigarette.
Minor-. n..y..,aura per-sea .,he has not yet r-eaehed the e f 18 years.
Moveable place of business. Any form of business operated out of a truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address store front or other
permanent type of structure authorized for sales transactions.
Nicotine or lobelia delivery devices. Any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco as
defined in this article, not including any product that has been approved or otherwise certified for
legal sale by the United States Food and Drug Administration for tobacco use cessation, harm
reduction, or for other medical purposes, and is being marketed and sold solely for that approved
purpose.
Public place. Any enclosed, indoor area used by the general public, including,but not
limited to, restaurants; bars; any other food or liquor establishment; retail and other commercial
establishments; educational facilities; hospitals; nursing homes; auditoriums; arenas; meeting
rooms; waiting rooms; and common areas of rental apartment buildings.
Retail establishment. Any place of business where tobacco, tobacco products, tobacco-
related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery
devices are available for sale to the general public. Retail establishments shall include, but are
not limited to, grocery stores, convenience stores and restaurants.
Sale. Any transfer of goods for money, trade,barter or other consideration.
Sampling. The lighting of tobacco, tobacco products, tobacco-related devices or the
activation of and inhaling of vapor from electronic cigarettes in a retail establishment by a
customer or potential customer for the purpose of sampling the product or device before a
purchase.
Self-service merchandising. Open displays of tobacco, tobacco products, tobacco-related
devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery 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, tobacco-related device, or nicotine or lobelia delivery device between the customer and
the licensee or employee. Self-service merchandising shall not include vending machines.
Smoking. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe,
hookah, or any other lighted or heated tobacco or plant product or exhaling vapor from any
electronic delivery device, such as vaping. Smoking also includes carrying a lighted or heated
cigar, cigarette, pipe, hookah or any other lighted or heated tobacco or plant product intended for
inhalation.
Smoking lounge. A tobacco products shop which allows customers to be seated.
Tobacco or tobacco-related products. Tobacco and tobacco products includes cigarettes and
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, including by vaping, or any component,part, or accessory of a tobacco product; cigars;
pipe tobacco, 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; dipping
tobaccos; and other kinds and forms of tobacco. Tobacco excludes any tebaeee pfeduet that
been appreved by the United States Food and Dfug Administration for-sale as a tebaeee
> >
and is being
marketed and sold s lely for sueh a oa p o drugs, devices. or combination products.
as those terms are defined in the Federal Food. Drug, and Cosmetic Act, that are authorized for
sale by the United States Food and Drug Administration.
Tobacco products shop. A retail establishment with an entrance door opening directly to the
outside that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco
related products, tobacco related devices, electronic cigarettes, electronic delivery devices or
nicotine or lobelia delivery devices and in which the sale of other products is merely incidental.
"Tobacco products shop" does not include a tobacco products department or section of any
individual business establishment with any type of food, liquor, or restaurant license.
Tobacco-related devices. Any tebaeee pr-e"et as well asa pipe felling papers or-ether
deviee intentionally designed or-intended to be Used in a manner-whieh enables the ehewing,
Cigarette papers or nines for smoking or
other devices intentionally designed or intended to be used in a manner which enables the
chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products.
Tobacco-related devices include components of tobacco-related devices which may be marketed
or sold separately.
Vapor lounge. A vapor products shop which allows customers to be seated.
Vapor products shop. A retail establishment with an entrance door opening directly to the
outside that derives more than 90 percent of its gross revenue from the sale of electronic delivery
devices, electronic cigarettes and related products and in which the sale of other products is
merely incidental. "Vapor products shop" does not include a vapor products department or
section of any individual business establishment with any type of food, liquor, or restaurant
license.
Vending machine. 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 product or tobacco-related device.
(Ord. No. 19-04 , § 1, 9-16-2019)
Secs. 12-33-12-50. Reserved.
-CODE OF ORDINANCES
Chapter 12-BUSINESSES
ARTICLE II.-TOBACCO AND TOBACCO-RELATED DEVICES AND PRODUCTS
DIVISION 2.ADMINISTRATION AND ENFORCEMENT
DIVISION 2. ADMINISTRATION AND ENFORCEMENT2
Sec. 12-51. Violations.
(a) 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 the right to be heard on the accusation.
(b) Hearings. If a person accused of violating this article so requests, a hearing shall be
scheduled, the time and place of which shall be published and provided to the accused
violator.
(c) Hearing officer. The city council shall serve as the hearing officer.
(d) Decision. If the hearing officer determines that a violation of this article did occur, that
decision, along with the hearing officer's reasons for finding a violation and the penalty to
be imposed under section 12-52, 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.
(e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district
court.
(fj Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this article. If the city elects to
seek misdemeanor prosecution, no administrative penalty shall be imposed.
(g) Continued violation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-52. Penalties.
(a) Licensees. Any licensee found to have violated this article, or whose employee shall have
violated this article, shall be charged an administrative fine as determined by the city
council. In addition, after the third offense, the license shall be suspended for not less than
seven days.
2Cross reference(s)—Administration,ch. 2.
Spring Park,Minnesota,Code of Ordinances Created: 2021-11-01 15:44:02 [EST]
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(b) Other individuals. Other individuals found to be in violation of this article shall be charged
an administrative fee as determined by the city council.
(c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a
misdemeanor for any violation of this article.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-53. Exceptions and defenses.
Nothing in this article shall prevent the providing of tobacco, tobacco products, tobacco-
related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery
devices to a person under the age of 21 as part of a lawfully recognized religious, spiritual
or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person
to have reasonably relied on proof of age as described by state law.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-54. Severability
If any section or provision of this article is held invalid, such invalidity shall not affect other
sections or provisions which can be given force and effect without the invalidated section or
provision.
(Ord. No. 19-04 , § 1, 9-16-2019)
Secs. 12-55-12-80. Reserved.
DIVISION 3. LICENSE
Sec. 12-81. Required.
(a) Obtaining from city. No person shall sell or offer to sell any tobacco, tobacco products or
tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or
lobelia delivery device without having obtained a license to do so from the city. 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 it was issued. No transfer of any license
to another location or person shall be valid.
(b) Application. An application for a license to sell tobacco, tobacco products or tobacco-
related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia
delivery 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 administrator/clerk/treasurer shall forward the application to the city council for
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action at its next regularly scheduled council meeting. If the city clerk determines that an
application is incomplete, the clerk will return the application to the applicant with notice of
the information necessary to make the application complete.
(c) 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 approves the license, the city clerk will issue
the license to the applicant. If the council denies the license, notice of the denial will be
given to the applicant along with notice of the applicant's right to appeal the council's
decision.
(d) Term. All licenses issued under this article shall be valid for one calendar year from July 1
through the following June 30. For any license issued after July 1 in any year, the license
shall be valid from the date of issue through the following June 30.
(e) Revocation or suspension. Any license issued under this article may be revoked or
suspended. In such case, the licensee may request or hearing or appeal as provided in
sections 12-51 and 12-52.
(f) Transfers. All licenses issued under this article 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
city council.
(g) 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 article.
(h) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
(i) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. 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 issued under this article 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.
(j) Smoking. Except as allowed under Minn. Stat. § 144.414, smoking is not permitted and no
person shall smoke within the indoor area of any establishment with a retail tobacco license.
Smoking for the purposes of sampling tobacco and tobacco related products is prohibited.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-82. Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in
full. The fee for a license under this article shall be as listed on the appropriate license fee
schedule.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-83. Basis for denial.
(a) Grounds for denying the issuance or renewal of a license under this article, include, but are
not limited to, the following:
(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,
tobacco products or tobacco-related devices, electronic cigarettes, electronic delivery
devices or nicotine or lobelia delivery devices.
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco-related
devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery
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.
(5) The applicant is prohibited by federal, state or other local law, ordinance or other
regulation from holding such a license.
(b) Except as may otherwise be provided by law, the existence of any particular grounds for
denial does not mean that the city must deny the license.
(c) 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 article.
(Ord. No. 19-04 , § 1, 9-16-2019)
Secs. 12-84-12-110. Reserved.
DIVISION 4. SALES RESTRICTIONS
Sec. 12-111. Prohibited sales.
(a) It shall be a violation of this article for any person to sell or offer to sell any tobacco,
tobacco products tobacco-related devices, electronic cigarettes, electronic delivery devices
or nicotine or lobelia delivery devices:
(1) To any person under the age of 18 years.
(2) By means of any type of vending machine, except as may otherwise be provided in this
article.
(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 products, tobacco-related device, electronic cigarettes, electronic
delivery devices or nicotine or lobelia delivery devices and whereby there is not a
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physical exchange of the tobacco, tobacco product, tobacco-related device, electronic
cigarettes, electronic delivery devices or nicotine or lobelia delivery devices between
the licensee or the licensee's employee and the customer.
(4) By means of loosies.
(5) Containing opium, morphine,jimson weed,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. It is not the intention of this provision to ban the sale of
lawfully manufactured cigarettes or other tobacco products.
(6) By any other means, to any other person, or in any other manner or form prohibited by
federal, state or local law, ordinance provision, or other regulation.
(b) Smoking and sampling prohibitions.
(1) Except for exceptions listed in Minn. Stat. § 144.4167, smoking tobacco shall be
prohibited and no person shall smoke in public places and places of work, including
outdoor and bar areas of restaurants. Except as provided in Minn. Stat. § 144.4167,
subd. 4, tobacco sampling, including sampling of electronic delivery devices and
products used in electronic delivery devices, is specifically prohibited within any
indoor location in the city.
(2) To ensure that tobacco smoke or vapor electronic delivery devices does not enter
public places and places of work and that persons entering such places are not exposed
involuntarily to smoke or vapor, smoking and the use of electronic delivery devices are
prohibited within 25 feet of entrances, exits, open windows and ventilation intakes of
public places and places of work. This prohibition does not apply to entrances and exits
used solely in the event of an emergency and appropriately signed for that purpose.
(c) Smoking lounges. Smoking lounges, hookah lounges and vapor lounges are prohibited
within the city.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-112. Vending machines.
It shall be unlawful for any person licensed under this article to allow the sale of tobacco,
tobacco products or tobacco-related devices by means of a vending machine unless
minerspersons under the age of 21 are at all times prohibited from entering the licensed
establishment.
(Ord. No. 19-04 , § 1, 9-16-2019)
State law reference(s) Ne efse, shall sell t �..,eee ,.,,duets f.,.,., vending ,,.hines o ept;
..v Yva.�vaa .�aauia as wvuvvv ya v�auvw iivua YVllulll� ,
f4eilifies that eannet be entefed at any time by pefsens younger-than 18 year-s of age,
No
person shall sell tobacco products, electronic delivery devices, or nicotine or lobelia
delivery products from vending machines. This subdivision does not apply to vending
machines in facilities that cannot be entered at any time by persons under the age of 21
Minn. Stat. § 461.18, subd. 2.
Sec. 12-113. Self-service sales.
All tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic
delivery devices or nicotine or lobelia delivery 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.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-114. Responsibility.
All licensees under this article shall be responsible for the actions of their employees in
regard to the sale of tobacco, tobacco products, tobacco-related devices or electronic cigarettes,
electronic delivery devices or nicotine or lobelia delivery 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 article, state or federal law, or other applicable law
or regulation.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-115. 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 if
the person is under the age of 18, miners ern sons over the age of 4-517 years, but less than 4-921
years, to enter licensed premises to attempt to purchase tobacco, tobacco products or tobacco-
related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery
devices. Minerslndividuals used for the purpose of compliance checks shall be supervised by
city-designated law enforcement officers or other designated city personnel. IsIndividuals
used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco
products or tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine
or lobelia delivery devices when such items are obtained as a part of the compliance check. No
mineraerson under the age of 21 used in compliance checks shall attempt to use a false
identification misrepresenting the minerindividual's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the mine+-individual's age asked by the
licensee or his 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 or training purposes, or required for the enforcement of a
particular state or federal law or other applicable law or regulation.
(Ord. No. 19-04 , § 1, 9-16-2019)
State law reference(s) " heensing authority shall ^ „duet, ^ea eempliamee ehee s at
least enee eaeh ealendar-year-at eaeh leeation where tebaeee is sold te test eemplianee
Minn. Stat. § 609.685. Cemplianee eheeks must involve miner-s ever-the age of 15,but
1 the f 1 4 1, with the •tt e t o f e t ...a;., attempt t
unacrcrrc-irgc-v=—ro, `v`rrrv, viTm-crr�Prrorv'oTrrc': ..�,,.�..... .,. ..parent b::........�'., .........t,. to
of the hems,,,, ffuthefity, A licensing authority shall conduct unannounced compliance
checks at least once each calendar year at each location where tobacco, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products are sold to test
compliance with sections 609.685 and 609.6855. Compliance checks conducted under this
subdivision must involve persons at least 17 years of age,but under the age of 21. who. with
the prior written consent of a parent or guardian if the person is under the age of 18. attempt
to purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or
lobelia delivery products under the direct supervision of a law enforcement officer or an
employee of the licensing authority. The age requirements for persons participating in
compliance checks under this subdivision shall not affect the age requirements in federal
law for persons participating in federally required compliance checks of these locations.
Minn. Stat. § 461.12, subd. 5.
Sec. 12-116. Other illegal acts.
Unless otherwise provided, the following acts shall be a violation of this article:
(1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise
provide any tobacco, tobacco product or tobacco-related device, electronic cigarettes,
electronic delivery devices, or nicotine or lobelia delivery devices to any niinerperson
under the age of 21.
(2) Illegal possession. It shall be a violation of this article for any mine person under the
age of 21 to have in his or her possession any tobacco, tobacco product or tobacco-
related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia
delivery devices. This subsection shall not apply to minefspersons under the age of 21
lawfully involved in a compliance check. This subsection shall not apply to licensees
or licensee's employees who are under the age of 21 when handling any tobacco,
tobacco product, or tobacco related device, electronic cigarettes, electronic delivery
devices, or nicotine or lobelia delivery devices as part of a sale to a person who is at
least 21 years of age.
(3) Illegal use. It shall be a violation of this article for any a -individual under the age
of 21 to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco-
related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia
delivery devices.
(4) Illegal procurement. It shall be a violation of this article for any mine person under the
of 21 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco
product or tobacco-related device, electronic cigarettes, electronic delivery devices, or
nicotine or lobelia delivery devices; and it shall be a violation of this article for any
person to purchase or otherwise obtain such items on behalf of a mine person under
the age of 21. It shall further be a violation for any person to coerce or attempt to
coerce a mino person under the age of 21 to illegally purchase or otherwise obtain or
use any tobacco, tobacco product or tobacco-related device, electronic cigarettes,
electronic delivery devices, or nicotine or lobelia delivery devices. This subsection
shall not apply to minefspersons under the age of 21 lawfully involved in a compliance
check.
(5) Use offalse identification. It shall be a violation of this article for any minef2erspn
under the age of 21 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.
(Ord. No. 19-04 , § 1, 9-16-2019)
Sec. 12-117. Signage and age verification required.
(1) SiQnage. At each location where tobacco,tobacco-related devices, electronic delivery
devices, or nicotine or lobelia delivery products are sold, the licensee shall display a
sign in plain view to provide public notice that selling any of these products to any
person under the age of 21 is illegal and subject to penalties. The notice shall be placed
in a conspicuous location in the licensed establishment and shall be readily visible to
any person who is purchasing or attempting to purchase these products. The sign shall
provide notice that all persons responsible for selling these products must verify.by
means of photographic identification containing the bearer's date of birth,the age of
any person under 30 years of age.
(2) Age verification. At each location where tobacco,tobacco-related devices. electronic
delivery devices, or nicotine or lobelia delivery products are sold, the licensee shall
verify,by means of government-issued photographic identification containing the
bearer's date of birth,that the purchaser or person attempting to make the purchase is
at least 21 years of age. Verification is not required if the purchaser or person
attempting to make the purchase is 30 years of age or older. It shall not constitute a
defense to a violation of this subdivision that the person appeared to be 30 years of age
or older.
Secs. 12-118-12-130. Reserved.
Section 2. This ordinance shall take effect following its adoption and publication.
ADOPTED by the City of Spring Park this day of , 2022.
CITY OF SPRING PARK
By:
Jerome Rockvam, Mayor
ATTEST:
By:
Jamie Hoffinan, City Clerk
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO.2022 -
AN ORDINANCE AMENDING THE SPRING PARK CITY CODE,
CHAPTER 12—BUSINESSES, REGARDING TOBACCO ANDTOBACCO RELATED
DEVICESBY ADDING ARTICLE V. THC PRODUCTS, ESTABLISHING-
LICENSING FOR THE SALE OF THC PRODUCTS REGULATED BY MINNESOTA-
STATUTES 151.72
THE CITY COUNCIL OF THE CITY OF SPRING PARK,MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Spring Park hereby amends Chapter 127
^, 4ieie;T by adding
., anew
Article V. THC Products as follows:
ARTICLES THC
PRODUCM
M
DIVISION]. GENERALLY
Sec. 12-345Q. Purpose and intent.
(a) Ptippese. Beeause the eit�,reeognizes that many per-sons under-the age of 1824�'eaFs
deviraes, andsue-h sales, pesse-sion and usea aFe vielations of both state and federal laws; and
beeatise studies, whieh are en file at the state health depaftfnent and whieh the eity aeeepts
and adepts, have ram,.,.,, that most s.n_ o« begin smoking y have Feaehed the0
smaking aFe signifieantly iess likely to begin smoking; and beeause smoking has been
4diter's nete(s)--9rd. Na. 19 94 , § 1, adept:ed 9 ept;. 1:6, 2019, amended aria. 41 On its t'Fety to Fead
as heFein set eat. Permerart. 11Tr1:2 91:, 1:2 61 1:2 S3 and 12 9-1-1:2 116peFtaiRe
f--e d t..barz ff. ,A adepted , 29 ,900
ciga re cccS an coon coo�rodH6t$, and derived frem Ord. Ne. 67�-1:
Minn. S tat. § 41:2.221:, sabd. 32; Minn. Stat. §§ 461:.12 ^c,.19 dA Ret .,.,,,,Fnpt a I, eal
eFdiRaREe that,;F,,.,,a S t,,.- .. stFietWe Fegalatien efte-baeEe sales, Minn 9tat § 6, ,o.
I '
sabds. 1 3, nnnftat § 60968CubdA' aWtL. .t. t ulate the Fet- 'I saleoft. ..,ce as
.dcF. c.d notot.f-o09G85, subd ,, sale oftebares to EIIdren, M innft-tfAC, ,7_'
I nOCSOPEN\SP275\1\836560 v1-11/2/22
fiR .,1 1.,,«to A-A -U le el.. Of t thi -A fti. -le ShAll hA iAtAA JA l tEe eR � e ,late the
-
sale,pessessien and use ef tobaeee,
tebaeee related purpose of eafer-eing and fut4her-ing existing laws,to pr-eteet fniaer-s5,Quum peopit against dle-
-and-to the offieial pubhe pok),of the state in regard to
> >
(a) PuWase. The purpose of this section is to regulate the sale of any product that contains
tetrahydrocannabinol ('THC') and meets the requirements to be sold for human or animal
consumption under Minnesota Statutes. section 151.72 C fHC products') for the tollowin�
reasons:
(1) The city recognizes that based on the most reliable and up-to-date scientific evidence
the introduction of legalized THC products presents a potential threat to the public
health. safety, and welfare of the residents of Spring Park.
(2) The city has the opportunity to be proactive and make decisions that will mitigate this
threat. reduce exposure of young i2cople to THC products. curtail the marketing of
THC yroducts to young people, and improve retailer compliance with existint laws
elated to THC products.
(3) A local rea la�torrysystem for retailers of THC products is appropriate to ensure that
such retailers comply with laws and business standards of the city of Spring Park to
protect the health safety, and welfare of our youth and other vulnerable residents
(4) Minnesota Statutes. section 151.72 requires THC product retailers to check the
identification of purchasers to verify that they are at least 21 years of a.ize_ eom�ly with
certain packaging and labeling rye uirements to protect children and Youth and meet
certain op teicy and serving size requirements.
O State law further authorizes the Minnesota Board of Pharmacy to adopt product and
testing standards in hart to curb the illegal sale and distribution of THC products and to
ensure the safety and compliance of commercially available THC products in the State
of Minnesota-
(6) State law does not rl) municipalities from adopting and enforcing local
ordinances to regulate retailers of THC products_ including, but not limited to business
licensinguirements
(7) Establishing licensing rye uirements for retailers that desire to sell THC products will
not unduly burden legitimate business actiyities of such retailers who sell or distribute
THC products to adults but will allow the city to effectively regulate the operation of
lawful businesses and discourage violations of THC product-related laws.
In making these findings and enacting this section, it is the intent of the city to facilitate
responsible retail activities associated with THC products by allowing legal sale and access
without promoting increases in use and to discourage violations of THC Droduct-related laws
es env those which prohibit or discourage the marketing. sale or distribution of THC products
to underage persons, as defined herein.
DOCSOPEN\SP275\1\S36343 Q.v1-11/42/22
Sec. 124251. Definitions.
The following words,terms and phrases, when used in this article, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
Qgai�s. ",roll of tobaeee that is Ar-apped in tebaeee leaf or-in an),substanee
s, ri-=vrscrpa-3us-mmcnvca-rrercrrrrrrery rrrrre.
Compliance checks. The system the city uses to investigate and ensure that those authorized
Ito sell tebaeeo, tobaeeeIHIC products, and tobarece related dev are following and complying
with the requirements of this article. Compliance checks shall involve the use of
ispersons under the age of 21 as authorized by this article. Compliance checks shall
also mean the use of under the age of 21 who attempt to pur-ehas
telaeeaI C products ,,... 1. ..ol tog dievi.os 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 THC products and tobaece related devi.o. leet., nic
E4eetrenie deliver
nicetine, lebelia, or-any other- seta- for hum an
1d--tr, v*e elect.- ape pens. modes- tank s 'stemsor-under- , Qjbl r o4u t
or-not marketed E)r-sold separ-ately. Eleetfenie delivef:y deviee does not inelude any pfeduet that
has been appr-oNed or-eei4ified by the United States Food and Dr-ugAdministr-ation for- sale as a
> >
and
is > IEet.., An t,
pFedi-ets. as these tefffis afe defined in the Fedefal Food. Drug. and Gosmetie A et that HaR--
14 ..,,lo by the United Ct.,to,; C',,A . ., l D—rue A.d..,:.,;sf..,,t:e.,
Agek-ah. A pipe with a long, 44exible tube by whieh the smeke is dFawn through a jaf of
individually for sale. individuallywr-apped tabaeee and tebaeee pr-oduets shall inelude, but not be
limited te, single eigar-eae > >
and single
than a single paek or ether eantainer as desefibed in this definition shall not be eensid
individually paekageEl�-
7...,1,,,,,.ai-ea. All spaee between a flee,-and a oiling that is bounded by.,,.,Ili d,,,....,ays
divider,
gar-age door-, or-other physieal > •
Leesies. The esommen term used to r-efer-to a single or- individually packaged eigarette.
I DOCSOPEN\SP275\1\836560.v1-11/2/2
Exclusive Liauor.Slorc. An establishment that meets the definition of exclusive liquor store
in Minnesota Statutes. section 340A.101, as it may be amended from time to time.
Moveable place of business. Any form of business operated out of a truck,van, automobile
or other type of vehicle or transportable shelter and not a fixed address store front or other
permanent type of structure authorized for sales transactions.
defined in this af4iele, not ifieluding any produet that has been appfoved of otherwise eeFtified fiqr-
legal sale by the United States Food and Pnig,kdministfati-an for ase eessation, haFm
r-eduetion, or-f;qr-other medireal pufpeses, and is being mar-keted and sold sole!),for that appfeved
limited te, rvstatir-ants,: bar-s; any other-Cged or liquer-establishment; retail di eAtheir.eomimer-eial
establishments; edueational t:�eilities; hospitals; nursing homes; auditoriums; ar-enas; meeting
Retail establishment. Any place of business where tobaeee, tobaeeeILLC products-
deli .0«.,deviees are available for sale to the general public. Retail establishments shall include,
but are not limited to, grocery stores, convenience stores. breweries_ and restaurants.
Sale. Any transfer of goods for money, trade, barter or other consideration. including,=ivin�
goods away for free whether alone or in conjunction with other 2oods or products.
Sampling. The lighting of tobaeee, tobaeee products, tabaeea related deviees or-the
use or consumption of any THC
pLQjW in a retail establishment by a customer or potential customer for the purpose of sampling
the product-er-demise before a purchase.
Self-service merchandising. Open displays of tebaeee, tebaeeeTLLC products—
deli efy devices in any manner where any person shall have access to the tebacee, tobaeeeTLJC
products or tabaeee related deviees-,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 tebaeee,tobaeeeT-LIC product,
between the customer and the licensee or employee. Self servieeFA «,.1.,ndising shall not include
vending maehines.
pipe,8�neking� inhaling or-exhaling smoke from any lighted E)r-heated eigar, eigar-eae,
eleetr-anie deliver-y deviee, sueh as Vaping. Smoking also ineludes earf�,ing a lighted or-heated
.,�ar-eoe, pipe, heekah or-afi),other-lighted er-hee4ed tebaeea E)r-plant pfeduet intended t;gr-
heakah, E)r-any othef lighted or-heated tebaeee or-plant pr-edtirat or-exhaling vaper-ffem any
I DOCSOPEN\SP275\1\8�6560.v1-1U2/22
smoking tebaeee; snuffi; snuff flow; eavendish; phig and PA,ist tebaeea; fine reut.—And epLf-
been appreved by the United States Feed and Drug Administration fer sale as a tabaeee reessation
and sold sojely fer s eh a approved puFpose. dr„'g,; ,ao.,:,-,, ,tio,
tor.,,-, o aos ned :., the I~ed ffal I:,,,,,J n...,, �a C-„,,., et A,.r tt,,,t -Aro ,.the!i-,oa c'.
United States Geed and Tlr.. Administr.,t:or.
T-obigeee 19rednet-sshop. A retail establishment with an ewr-anee deer-apening dir-eetly te the-
outside that defives more than 90 PeFeent of its gFess revenue from the sale of tobaeee, tebaeee
nieetine OF lobelia delivery deviees and in whieh the sale of ether preduets is nier-ely ineidental.
"T-ebaeee ,,ducts s1,0p" does not : elade a t„6.,eea preduets depa ftment „ ..tion „F.,.,..
individual business establishment with any type of feed, liquor-, or restaurant •
Tebaeetq related deviees. Any tebaeee pr-eduet as well as a pipe, r-elling papers er-ethef
deviee intentienally designed or intended to be used in a nianner-whieh enables the eh
„thee de-ieesntent:l, al ,de ed .,tended t„ be ledin a manneF which „bIo rl,o
,.6,e,, ing . i ffi,,.. Sffi`.L:r... OF iHIjaIatiQfi .,f der-,,.-„I , vape .,4•r"4..,.., ,,.-tol,,,,.,.a n
T-obacee elated deviees inelude ws f tohaeeo elated devices h I, 6a rl,oto J
oFseld s ratol,t
"Vaporeutside that derives more than 90 pereent of its gross revenue from the sale ef electranie delivery
n
seetion of any individual business establishment with any ty13- or-, or-restaur-
lid.
THC Prochict. Any product that contains tetrahvdrocannabinol and that meets the
r�uirements to be sold for human or animal consumption under Minnesota Statutes. section
151.72•
Vending machine. Any mechanical, electric or electronic or other type of device which
dispenses J'I-'ILIhC-products ef tebaeeo related deviees upon the insertion of money,
tokens or other form of payment directly into the machine by the person seeking to purchase the
TLC product .
(Or,d N 19 04 § 1 0 16 2019)
Sees. 12-3353 12-500. Reserved.
I DOCSOPEN\SEMUM6560.v1-11/2/22
-CODE OF ORDINANCES
Chapter 12-BUSINESSES
ARTICLE II.-TOBACCO AND TOBACCO-RELATED DEVICES AND PRODUCTS
DIVISION 2.ADMINISTRATION AND ENFORCEMENT
DIVISION 2. ADMINISTRA TION AND ENFORCEMENP
Sec. 12-54-61. Violations.
(a) 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 the right to be heard on the accusation.
(b) Hearings. If a person accused of violating this article so requests, a hearing shall be
scheduled,the time and place of which shall be published and provided to the accused
violator.
(c) Hearing officer. The city council shall serve as the hearing officer.
(d) Decision. If the hearing officer determines that a violation of this article did occur, that
decision, along with the hearing officer's reasons for finding a violation and the penalty to
be imposed under section 12-54�fiZ, 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.
(e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district
court.
(f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this article. If the city elects to
seek misdemeanor prosecution, no administrative penalty shall be imposed.
(g) Continued violation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense.
Sec. 12-5262. Penalties.
(a) Licensees. Any licensee found to have violated this article, or whose employee shall have
violated this article, shall be charged an administrative fine as determined by the city
council. In addition, after the third offense,the license shall be suspended for not less than
seven days.
(b) Other individuals. Other individuals found to be in violation of this article shall be charged
an administrative fee as determined by the city council.
I2E essTcf^ren ee(s) A a.. :,t..,t,,.. ,.h
Spring Park,Minnesota,Code of Ordinances Created: 2021-11-01 15:44:02 [EST]
(Supp.No.11)
Page 6 of 15
I DOCSOPEN\SP275\1\836-44S36j64.v1-11/4-2/22
(c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a
misdemeanor for any violation of this article.
. 19 04 ,
Sec. 12-5-30. Exceptions and defenses.
Nothing in this article shall prevent the providing of TI--IC products—
tebaerae related ,
d to a under the age of 21 as part of a lawfully recognized
religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this
article for a person to have reasonably relied on proof of age as described by state law.
Sec. 12-34b4. Severability
If any section or provision of this article is held invalid, such invalidity shall not affect other
sections or provisions which can be given force and effect without the invalidated section or
provision.
Secs. 12 "-�2402ft. Reserved.
DIVISION 3. LICENSE
Sec. 124M. Required.
(a) Obtaining ftom city. No person shall sell or offer to sell any
THC rn oduct without having obtained a license to do so from the
city. 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 it was issued.No transfer of
any license to another location or person shall be valid.
(b) Application. An application for a license to sell tebaeee,tobwwoIJIL products
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 administrator/clerk/treasurer shall forward the application to the city council for
action at its next regularly scheduled council meeting. If the city clerk determines that an
application is incomplete,the clerk will return the application to the applicant with notice of
the information necessary to make the application complete.
(Supp.
Page: 4-5D0CS0PEN\SP275\1\83634�.v1-11/4.2/22
(c) 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 approves the license,the city clerk will issue
the license to the applicant. If the council denies the license, notice of the denial will be
given to the applicant along with notice of the applicant's right to appeal the council's
decision.
(d) Term. All licenses issued under this article shall be valid for one calendar year from July 1
through the following June 30. For any license issued after July 1 in any year,the license
shall be valid from the date of issue through the following June 30.
(e) Revocation or suspension. Any license issued under this article may be revoked or
suspended. In such case,the licensee may request or hearing or appeal as provided in
sections 12-54a and 12-54b2.
(f) Transfers. All licenses issued under this article 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
city council.
(g) 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 article.
(h) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
(i) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. 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 issued under this article 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.
Sec. 12-K72. Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in
full. The fee for a license under this article shall be as listed on the appropriate license fee
schedule.
Sec. 12-8-371 Basis for denial.
(a) Grounds for denying the issuance or renewal of a license under this article, include, but are
not limited to, the following:
(1) The applicant is under the age of-1821 years.
D0CS0PFN\SP275UA36560 v 1-1 1/2/22
(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 tebaeee,
tabaeeeTHC,'products or tebaeee related de 0 eleetr- flie , et4es ele tr-e ie
(3) The applicant has had a license to sell tebaeee,tebaeoelliCproducts
lebeli^ deliver-.devi es 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.
(5) The applicant is prohibited by federal, state or other local law,ordinance or other
regulation from holding such a license.
I (6) The apnlicant is an exclusive liquor store.
(b) Except as may otherwise be provided by law,the existence of any particular grounds for
denial does not mean that the city must deny the license.
(c) 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 article.
Secs. 12-MIA-12-MIQQ. Reserved.
DIVISION 4. SALES RESTRICTIONS
Sec. 12444781. . Prohibited sales.
(a) It shall be a violation of this article for any person to sell or offer to sell any tebaeee,
tebaesejjjQ products ,
(1) To any person under the age of 4-92-L years.
(2) By means of any type of vending machine, e�ieept as may etheFwise be pr-evided in this
artie-le.
(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
THC rp oduct and whereby there
is not a physical exchange of the tebaeee,tobaeeeJUL product, ,
between the licensee or the licensee's employee and the customer.
(Supp.Ne..'
Page a of 15
r�n�enocwnen��c i o�ccn�..i 114 2
(4) By means of loosieivroviding samples of any THC product free of charge or at a
nominal cost.
,
manufiaetufifig pr-eeess. it is iiet the intention of this pFevisiefi to ban the sale &f-
(65) By any other means,to any other person, or in any other manner or form prohibited by
federal, state or local law,ordinance provision, or other regulation.
- Exeeptferemeeptiens-lisped ilAAr.-Stat. § 144-4167 s„,ekitig t bane. ,.hall be
,tdoer-and tar areas f-estaur- „tom >~.wept., pr-evidea in N fnn etat § 14 4.4 i 67
1 ,,ti „ in the ,.:ty.
(2) To easur-e that tebaeea smoke or vaper-electfanie delivery deviees does not entef:public-
windews and ventilation intakes of
publie-plaees-and��ees of liverk. This prehibitien does not apply to entrees and exits
used selely in the event ef an emer-geney and appFepr-iately signed fer-that purpese.
(e) Smoking lemoWs.. Smoking launges, hookah lounges and vapeF lounges are prohibited
within the eit�--
r,d R(OL X ��9 16 7n 1 9)
trn 1 a 04 , r �vr�7
Sec. 12-H482. Vending machines.
It shall be unlawful for any person licensed under this article to allow the sale of tebaeee,
tebaeeeTHC products by means of a vending machine unless
QtAhlisl., „t
ln..d No.i 19 04 § 1, 9 16 2019)
,
State law r-efeFenee(s) Ne person shall sell tobaeee produets from vending Maehifles,
f6eilities that eannot be eater-ed at any time by per-sons yetinger-than 18 year-s efage'
__ niaehines. This stibdivision does not aonjv te veHd*iqLA
4.,..:l:t:ov thAt cannet be entered at any time by per-sons „do.-the . 0 f„ 71veaEsrz Mnn Ctarcrt
o- r
d-z2.
DOCSOPEN\SP275\1\836560.v1-11/2/22
Sec. 1241383. Self-service sales.
All tebaeee,tebaeoe L C products, tee elmea de o , eleGt.Onie eigar-ottos eleet.
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.
Sec. 12-U4$A. Responsibility.
All licensees under this article shall be responsible for the actions of their employees in
I regard to the sale of tobaeeo, tebaeeo�IHC products, tobaeee -elated aeviee or elect-enie
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 article, state or federal law, or other
applicable law or regulation.
Sec. 12-14-5$5. 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 if
the person is under the age of 18, over the age of 45-JIU years, but less
than 4S2&U years,to enter licensed premises to attempt to purchase tabaeee,tebaeeolhC
products , or-nieetine
-lebelia deliyef� devivees used for the purpose of compliance
checks shall be supervised by city-designated law enforcement officers or other designated city
personnel. used for-eamplianee ebeeks shall not be guilty of unlawful
,
under the age of 21 used in
compliance checks shall attempt to use a false identification misrepresenting the
I fn no-individtia ind iv iduaI's age, and all Finer-sindividuals under the age of 21 lawfully engaged
in a compliance check shall answer all questions about the fflifi ffi fl`iYidugAin iyid• al's age asked
by the licensee or his 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 or training purposes, or required for the enforcement of a
particular state or federal law or other applicable law or regulation.
I ,
Created: 2021-11-01 15:44:02 [EST,
Isuoo.No.111
Pie 11 of 15
DOCSOPF.N\SP275\1\8,6560 vl-1 I/2/22
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delivef�,de i . tine or- lebelia delivei=),deviees. This subseetien shall not apply
mm- -,, -I,- -- - to a4empt to disguise his:ff;;hz true age by the use ef a false feFm
of
, another-
the age of the per-son has been modified or-tampered with to fepr-esent an age older-than
the aetual age efthe per-son.
Sec. 12-U787. Signaage and age verification required.
lW Siguage. At each location where* " tahMeee related a a ''
devieeser- etine e..lobelia de':-.eM.THC nroducts are sold, the lieensee shall di lay
a sign in plain view to rop vide public notice that selling auv of _products to
any person under the aae of 21 is illegal and subiect tQ penalties The notice hall be
nlaced in a conspicuous location in the licensed establishment and shall be readily
visible to any person who is purchasing or attem ting tQpurchase these products The
sign shall provide notice that all persons resnonsible for elling t�products must
verify, by means of photographic identification containing the bearer's date of birth, he
age of any person under 30 years of ages
> Age verificatio At each location where tobacce_ tobaeso relaFec� de.�. s ��
ae'ivo—THC products are sold the licensee
shall verify, by means of government-issued i2hotograranhic identification containing the
bearer's date of birth that the purchaser or person attempting to make the purchase is at
least 21 years of age Verification is not required if the purchaser or person attP111pJ�
to make the purchase is 30 years of age or older, It shall not constitute a defense to a
violation of this subdivision that the erp son appeared to be 30 years of age or older
ISees.12 118 12 130. ReseFved.
Section 2. This ordinance shall take effect following its adoption and publication.
ADOPTED by the City of Spring Park this day of , 2022.
CITY OF SPRING PARK
By:
Jerome Rockvam, Mayor
ATTEST:
Ix0cSO1'1,N Sh275'1 ;r,_,t,O.y 1-I 1
By:
Jamie Hoffman, City Clerk
Document comparison by Workshare 10.0 on Thursday, November 3, 2022
9:42:30 AM
Input:
Document 1 ID Powerpocs:HDOCSOPEN/836543/1
Description DOCSOPEN-#836543-v1-Amendments_to_Tobacco_Ordi
nance
Document 2 ID Powerpocs:HDOCSOPEN/836560/1
Description DOCSOPEN-#836560-v1-THC Licensing_Ordinance
Rendering set Standard
Legend:
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A 4evoed 1
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Total changes 333
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO. 2022 -
AN ORDINANCE AMENDING THE SPRING PARK CITY CODE,
CHAPTER 13—PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS,
RELATING TO MOBILE FOOD UNITS
THE CITY COUNCIL OF THE CITY OF SPRING P.ARK,�MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City o. hng Park hereby amends Chapter 13,
Article 2, Section 13-34 by adding the follow ble underlined fan ua� ��, g ge Sec. 13-34. -Duration.
,y/i, .
s
All licenses issued under this chapter shall be vad�pnly during the time period indicated
on the license up to a maximum of 14_)as,p'pr calendar y :;The city council at its sole
discretion may grant an extension for up to 45 additional days'Oer calendar year upon application
for an extension. f ; Gam%;
Licenses for mobile food units are issued per c�alendaryear and do not have a maximum
annual number of operating days. However, in no case shall an' ndividual mobile food unit
operate for more than 21 consecutive,,,days. The city council at its sole discretion may grant an
exception tothe-gonseoLtive-day limitation for mobile food units that operate at a single
restaur m or other food service site.
�A
, ='on 2 This or � - ke effect following its adoption and publication.
dunce sha
ADOPTED b� City of Spng dark tli day of , 2022.
CITY OF SPRING PARK
By:
Jerome Rockvam, Mayor
ATTEST:
By:
Jamie Hoffinan, City Clerk
1
SP275\1\831638.vl
CITY OF SPRING PARK
COUNTY OF HENNEPIN
SPRING PARK, MINNESOTA
ORDINANCE NO. 2022—
AN ORDINANCE AMENDING CHAPTER 18 ENVIRONMENT, ARTICLE IV
NUISANCES, SECTION 18-181 (DEFINITIONS) PERT A ING TO THE DEFINITION
Allah
OF HOOP HOUSE SPRING PAR �� � Y CODE
i/��
A Oft
THE CITY COUNCIL OF THE CITY OF ' WRK, MINNESOTA
ORDAINS AS FOLLOWS,
Section 1. Section 18-181 (Defimfns) of Article IV (N 'j/ces) of Chapter 18
(Environment) is hereby amended to delete the strikeouts add the u �Jned language to
/, i ;.
read as follows: '%
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Hoophouse/buildin . strictstr..e that is call °�° ,zed 6'�a half-round "hoo "shape,
a rounded ently b '' '' structure,attached °° 'e. a most commonly made of a
varie of materials are including but n ' ited to metdplastic, pipe such as steel or
F
PVC), wire or wood and covered with a variety ' aterials such as fabric, canvas,plastic,
lexi lass a , ," ,%,Ih lene exterior material.
a Date. This ordinance shall be in full force and effective
immediate on its passag public ion.
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ADOPTED by the Conn f Spring Park this day of ,2022.
CITY OF SPRING PARK
By:
Jerry Rockvam, Mayor
ATTEST:
By:
Jamie Hoffman, City Clerk