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Ordinance - 22-09: Amending Tobacco Related Devices CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 22-09 AN ORDINANCE AMENDING THE SPRING PARK CITY CODE, CHAPTER 12—BUSINESSES,REGARDING TOBACCO AND TOBACCO-RELATED DEVICES AND PRODUCTS 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 12, Article II, by adding the double underlined language and deleting the str-ieken language as follows: ARTICLE II. TOBA CCO AND TOBA CCO-RELA TED DEVICES AND PRODUCTS' DIVISION]. GENERALLY Sec. 12-31. Purpose and intent. (a) Purpose. Because the city recognizes that many persons under the age of 4-521 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco- related devices, and such sales,possession and use are violations of both state and federal laws; and because studies, which are on file at the state health department and which the city accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 4-921 years and that those persons who reach the age of 4-921 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which 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 n}iesvoun eonle 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 reference(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. DOCSOPEN\SP275\I\836543.v2-11/14/22 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 that ean be used by a per-son to simulate smoking in the delivery of nieetine or-aa� ocher-substance 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 net;nell de an), preduet that has been appr-eved er-eei4ified by the United States Food and Dfug Administration purpeses, and is marketed a-ad sold for-sueh an appr-eved 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 a jar 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. DOCSOPEN\SP275\1\836543.v2-11/14/22 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-. Any at .,1 per-son who h., et yet r-eaehed the a of 19 0 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. DOCSOPEN\SP275\1\836543.v2-11/14/22 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 pr-edttet that been approved by the United State �,,,,a „a Dn e_am;n rt-rat; for- ale as a tebaeee > > and is being rurc toa-anarsvlcrsolely for-suen-ui approved pv�"_rugs, 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. , felling papefs Or-ethe deviee intentionally designed or-intended to beused in a manner-whieh enables the Mewing, Cigarette papers or pipes 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) Sees. 12-33-12-50. Reserved. DOCSOPEN\SP275\1\836543.v2-11/14/22 -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. (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. (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. 'Cross reference(s)—Administration,ch. 2. Spring Park,Minnesota,Code of Ordinances Created: 2e21-11-e1 15:44:02 [EST] (Supp.No. 11) Page 5 of 12 DOCSOPEN\SP275\1\836543.v2-11/14/22 (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 mine 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 Created: 2021-11-01 15:44:02 [EST] (Supp.No.11) Page 6 of 12 DOCSOPEN\SP275\1\836543.v2-11/14/22 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 AAy Janua 1 through the following june December 31. For any license issued after JanuanLI in any year, the license shall be valid from the date of issue through the fellewing Jae WDecember 31. (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) DOCSOPEN\SP275\1\836543.v2-11/14/22 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 4-821 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 Created: 2021-11-01 15:44:02 [EST] (Supp.No. 11) Page 8 of 12 DOCSOPEN\SP275\1\836543.v2-11/14/22 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 per-son shall sell tebaeee pr-eduets fr-em vending maehines, e*eept in f4eilities that eannot be entered at any fifne by per-sons younger-than 18 yeafs 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. DOCSOPEN\SP275\1\836543.v2-11/14/22 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, miner-s erp 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. 1elndividuals used for the purpose of compliance checks shall be supervised by city-designated law enforcement officers or other designated city personnel. Miner-slndividuals 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 l 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 miffeH�Jndividual'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 auther-ity shall eend et tinanneuneed eemplianee ehee s a least enee aeh a lo..dar yeaf .,t eaeh lee tie ...he fe te1..,eee ; sold t test , „Bane. tinder the age of 19, who, with the pr-iff-written eensent of a parent or-g-aar-dian, a#emp DOCSOPEN\SP275\1\836543.v2-11/14/22 of the h,mein, authority, 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 ff+inef eD rson under the ale of 21. (2) Illegal possession. It shall be a violation of this article for any mine person under the ale 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 minerspersons 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 -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 awe 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 mine 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 minerspersons under the age of 21 lawfully involved in a compliance check. DOCSOPEN\SP275\1\836543.v2-11/14/22 (5) Use of false identification. It shall be a violation of this article for any person 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) Signage. 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 19th day of December, 2022. CITY OF SPRANG PARK By: Jerome . Rockvam, Mayor ATTEST: Y. amie Hoffinan, City-Clerk DOCSOPEN\SP275\1\836543.v2-11/14/22 AFFIDAVIT OF PUBLICATION CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA )ss SPRING PARK,MINNESOTA COUNTY OF CARVER ORDINANCE NO.22-09 Debbie Schwalba being duly sworn on an NOTICE is hereby given that the oath, states or affirms that he/she is the City Council of the City of Spring Publisher's Designated Agent of the news a- Park held a public meeting on Mon- Publisher's P day December 19, 2022, at 7:00 per(s)known as: p.m.in the COUNCIL CHAMBERS located at CITY HALL,4349 Warren Laker Pioneer Ave,Spring Park,MN. The purpose was to discuss and with the known office of issue being located vote on the following: in the county of: CARVER ORDINANCE No. 22-09: Amending Tobacco and Tobacco with additional circulation in the counties of: Related Devices HENNEPIN Amending Spring Park City and has full knowledge of the facts stated Code, Chapter 12 - Businesses, below: Regarding Tobacco and Tobacco (A)The newspaper has complied with all of Related Devices and Products. the requirements constituting qualifica- The Ordinance was adopted tion as a qualified newspaper as provided by the City Council of the City of by Minn. Stat.§331A.02. Spring Park on December 19,2022. (B)This Public Notice was printed and pub- A complete copy of the Ordi- lished in said newspaper(s) once each nance is available at City Hall,4349 week, for 1 successive week(s); the first Warren Ave,Spring Park,MN. insertion being on 12/31/2022 and the last insertion beingon 12/31/2022. Jamie Hoffman City Clerk MORTGAGE FORECLOSURE NOTICES Published in the Pursuant to Minnesota Stat. §580.033 Laker Pioneer relatingto the publication of mortgage December31,2022 P1282571 foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 12/31/2022 by Debbie Schwalba. J~ Notary Public DARLENE MARIE MACPHERSON '. NOTARy PUBLIC-MI eri 3O A My Commisslolt EVm J2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $61.35 per column inch Ad ID 1282571