HomeMy WebLinkAbout2015 06-03 Public Notices MAPLEWOOD REVIEW3/8/2016 Public Notices June 3, 2015 Ramsey County - Maplewood Review I Lillie Suburban Newspapers - LillieNews.com
Public Notices June 3, 2015 Ramsey
County -Maplewood Review
Public Notices & Legal Notices published June 3, 2015 in the Ramsey County - Maplewood Review
CITY OF MAPLEWOOD
SUMMARY FINANCIAL REPORT FOR FISCAL 2014
The purpose of this report is to provide a summary of financial information concerning the City of Maplewood to interested citizens.
The complete financial statements may be examined on the City's website at www.ci.maplewoodmn.us. Questions about this report
should be directed to Gayle Bauman, Finance Director at 651-249-2902
(Review: June 3, 2015)
STATEMENT OF NET POSITION
PROPRIETARY FUNDS
DECEMBER 31, 2014
CITY OF MAPLEWOOD, MINNESOTASTATEMENT OF NET POSITION PROPRIETARY FUNDS December 31, 2014 Business -
type activities - Enterprise Fun dsGovernmentalCommunityStreetActivitiesAmbulanceCenterEnvironmental RecyclingSanitary
LightlnternalServiceOperationsUtilityProgramSewerUtilityTotalsService FundASSETSCurrent assets:Cash and cash equivalents$0
$8,240 $315,531 $328,795 $1,974,965 $19,133 $2,646,664 $3,331,966 Accrued interest receivable0 0 354 369 2,219 21 2,963
3,742 Due from other governmental units0 9,075 348,745 74,022 690,825 374 1,123,040 16,632 1,064,081 25,798 16,032 36 166
118,413 1,224,526 Due from other funds0 0 0 0 1,662,694 0 1,662,694 Taxes/spec assess receivable9,064 8,986 0 0 0 0 18,050
Inventory0 107,842 Total current assets1,073,145 52,099 680,661 403,222 4,330,869 137,940 6,677,936 3,460,182 Structures,
vehicles and equipment999,067 12,749,034 34,263,467 23,326,531 71,338,098 5,737,755 Accumulated depreciation(573,407)
(4,973,285)(9,158,916)(10,874,123)(25,579,731)(3,504,790)425,661 7,775,748 25,104,551 0 12,452,408 0 45,758,368 2,232,965
Total assets$1,498,805 $7,827,847 $25,785,213 $403,222
$16,783,277 $137,940 $52,436,304 $5,693,147 LIABILITIESCurrent Iiabilities:Due to other funds$1,368,952 $293,742$$$$
$1,662,694 $Accounts payable11,731 34,853 8,299 38,844 4,228 15,507 113,462 34,671 Due to other governments'! 8,392 11,245
534 30,172 14,879 Salaries payable48,978 40,013 14,982 2,737 14,592 121,302 278,104 Employee benefits payable0 117,816
Unearned revenue154,956 154,956 Total current liabilities 1,448,053 534,809 23,281 41,581 18,820 16,041 2,082,586 445,469
Employee benefits payable0 1,440,192 Total Liabilities 1,448,053 534,809 23,281 41,581 18,820 16,041 2,082,586 1,885,661 NET
POSITIONNet investment in capital assets425,661 7,775,748 25,104,551 0 12,452,408 0 45,758,368 2,232,965
Unrestricted(374,908)(482,711)657,381 361,641 4,312,049 121,899 4,595,351 1,574,521 Total net position$50,752 $7,293,038
$25,761,932 $361,641 $16,764,456 $121,899 $50,353,718 $3,807,486 Accounts Receivable (net of uncollectable)Noncurrent
assets:Total noncurrent assetsNoncurrent liabilities:
STATEMENT OF CASH FLOWS
PROPRIETARY FUNDS
YEAR ENDED DECEMBER 31, 2014
CITY OF MAPLEWOOD, MINNESOTASTATEMENT OF CASH FLOWSPROPRIETARY FUNDS YEAR ENDED DECEMBER 31,
2014 Business -type activities -Enterprise
Fun dsGovernmentalCommunityStreetActivitiesAmbulanceCenterEnvironmental RecyclingSanitaryLightlnternalServiceOperations
UtilityProramSewerUtilityTotalsService FundsCASH FLOWS FROM OPERATING ACTIVITIESReceipts from customers and
users$2,335,297 $1,824,852 $2,390,957 $684,963 $5,152,385 $435,452 $12,823,905 $(212,030)(376,980)(49,580)(449,140)
(17,510) (1,105,240)8,906,326 Payments to suppliers for goods and services(520,711)(1,030,700)(175,317)(515,203)(2,905,495)
(209,317)(5,356,741)(1,353,911)Payments to employees for services(1,644,575)(1,329,696)(777,405)(85,534)(506,168)
(4,343,378) (7,356,535)Other operating revenues101 2,281 6,441 31,552 40,376 103,859 Net Cash Provided by Operating
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Activities(41 ,918)(533,263)1 ,067,696 34,645 1,323,135 208,625 2,058,922 299,739 CASH FLOWS FROM NONCAPITAL
FINANCING ACTIVITIESProperty taxes443,415 515,915 959,330 Intergovernmental receipts'! 30,386 28,036 79,766 109
238,297 49,030 Decrease (increase) in due from other funds634,135 634,135 Increase (decrease) in due to other
funds(317,576)(127,530)(189,028)(634,135)Transfers from (to) other funds'! 50,000 (1,030,976)(31 ,375)(525,212)
(1,437,563)Net cash from noncapital financing activities256,225 538,385 (1,002,940)48,391 109,032 (189,028)
(239,936)49,030 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIESAcquisition of capital
assets(206,962)(206,962)(239,215)Proceeds from sale of capital assets2,024 2,024 63,112 Net cash flows from capital and
related financing activities(206,962)0 2,024 0 0 0 (204,938)(176,103)CASH FLOWS FROM INVESTING
ACTIVITIESInvestment earnings(7,345)(2,244)3,251 1,486 12,271 (464)6,955 11,613 Investment management fees(3,121)
(1,472)(13,062)(17,656)(11 ,195)Net cash from investing activities(7,345)(2,244)130 14 (791)(464)(10,701)418 Net increase
(decrease) in cash and cash equivalents0 2,878 66,910 83,051 1,431,375 19,133 1,603,346 173,084 Cash and cash
equivalents, January 15,362 248,621 245,745 543,590 1,043,318 3,158,882 Cash and cash equivalents, December 31$0
$8,240 $315,531 $328,795 $1,974,965 $19,133 $2,646,664 $3,331,966 NONCASH CAPITAL AND RELATED FINANCING
SOURCESCapital contributions$$$2,547,131 $$556,751 $$3,103,881 $21,985 RECONCILIATION OF OPERATING
INCOME (LOSS) TO NET CASHPROVIDED (USED) BY OPERATING ACTIVITIESOperating income (loss)$7,270
$(734,867)$558,251 $(82,188)$936,202 $251,293 $935,961 $254,686 Adjustments to reconcile operating income (loss) to
net cashprovided (used) by operating activities:Depreciation54,575 258,554 550,829 405,465 1,269,422 304,401 Changes
in assets and Liabilities:Decrease (increase) in accounts receivable(121 ,425)(12,963)(36)67,821 37,169 (40,815)
(70,249)Decrease (increase) in due from other govern ments(281)(50,235)67,893(59,507)(1)(42,1 32)(6,662)De crease
(increase) in inventory0 17,734 Increase (decrease) in accounts payable272 (27,533)2,738 (19,865)1,925 (43)(42,505)
(203,979)lncrease (decrease) in salaries payable8,129 3,974 6,149 983 1,882 21,118 21,448 Increase (decrease) in due to
other governments9,262 (107)(1,808)7,346 (61,729)lncrease (decrease) in employee benefits payable0 (26,160)lncrease
(decrease) in unearned revenue(20,039)(20,039)Total adjustments(49,187)201,604 509,446 116,833 386,933
(42,668)1,122,961 45,053 Net cash from operating activities$(41 ,918)$(533,263)$1,067,696 $34,645 $1,323,135 $208,625
$2,058,922 $299,739 Interfund services provided and used
STATEMENT OF REVENUES, EXPENSES
AND CHANGES IN FUND NET POSITION
PROPRIETARY FUNDS
YEAR ENDED DECEMBER 31, 2014
CITY OF MAPLEWOOD, MINNESOTASTATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET
POSITION PROPRIETARY FUNDSYEAR ENDED DECEMBER 31, 2014Business-type Activities - Enterprise
Fun dsGovern mentalCommu nityStreetActivitiesAmbu Ian ceCenter
Environmental RecyclingSanitaryLightlnternalServiceOperationsUtilityProgramSewerUtilityTotalService FundsOPERATING
REVENUESCharges for services: Utility/recycling/ambulance billings$2,456,722 $$2,441,228 $549,248 $5,174,723
$$10,621,921 $Memberships and daily fees1 ,677,880 1,677,880 Commodity sales160,123 160,123 Room and
Equipment20,133 20,133 Franchise Tax476,269 476,269 Other Services'! 01 2,281 6,441 31,552 40,376 9,016,847 Total
Operating Revenues2,456,823 1,860,417 2,447,669 549,248 5,206,275 476,269 12,996,701 9,016,847 OPERATING
EXPENSESPersonnel services1,652,704 1,333,671 783,554 86,518 508,050 4,364,496 7,351,824 Materials and
supplies'! 20,698 184,359 36,718 1,514 23,822 17,351 384,463 623,774 Contractual services409,547 818,701 356,007
493,824 2,997,107 190,114 5,265,300 482,162 Depreciation54,575 258,554 550,829 405,465 1,269,422 304,401
Administrative charges212,030 162,310 49,580 335,630 17,510 777,060 Total operating expenses2,449,554 2,595,284
1,889,418 631,436 4,270,073 224,975 12,060,741 8,762,161 Income (loss) from operations7,270 (734,867)558,251
(82,188)936,202 251,293 935,961 254,686 NONOPERATING REVENUES (EXPENSES)Investment income(7,345)
(2,244)3,306 1,559 13,835 (443)8,668 11,548 Intergovernmental 130,386 28,036 79,766 109 238,297 49,030 General
property taxes442,109 516,407 958,516 Investment management fees(3,121)(1,472)(13,062)(1 7,656)(11,195)Gains (loss)
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on disposal of capital assets(103,781)(103,781)796 565,151 514,163 (75,561)79,853 882 (443)1,084,044 50,179 Income
(loss) before contributions andtransfers572,421 (220,704)482,690 (2,334)937,083 250,850 2,020,005 304,865 Capital
contributions2,547,131 556,751 3,103,881 21,985 Transfers in150,000 7,544 7,258 164,802 Transfers out(1,038,520)
(31 ,375)(532,470)(1 ,602,365)Change in net position572,421 (70,704)1,998,844 (33,709)968,622 250,850 3,686,323
326,850 Net Position, January 1(521 ,668)7,363,742 23,763,087 395,351 15,795,834 (128,950)46,667,395 3,480,636 Net
Position, December 31$50,752 $7,293,038 $25,761,932 $361,641 $16,764,456 $121,899 $50,353,718 $3,807,486 Total
nonoperating revenues (expenses)
REVENUES AND EXPENDITURES FOR
GENERAL OPERATIONS
(GOVERNMENTAL FUNDS)
CITY OF MAPLEWOOD, MINNESOTASUM MARY FINANCIAL REPORT FOR FISCAL 2014 The purpose of this report is to
provide a summary of financial information concerning the City of Maplewood to interested citizens. The complete financial
statements may be examined on REVENUES AND EXPENDITURES FOR GENERAL OPERATIONS (Governmental
Fun ds)TotalTotallncrease20142013(Decrease)REVENUESTaxes $18,539,692 $17,593,788 $945,904 Special
assessments2,932,608 2,870,138 62,470 Licenses and permits2,275,634 1,257,544 1,018,090 Intergovernmental 7,312,565
23,137,092 (15,824,527)Charges for services4,854,962 4,71 1,257 143,705 Fines and Forfeits297,444 298,427
(983)lnvestment earnings69,903 30,728 39,175 Miscellaneous301,384 373,260 (71,876) Total revenues $36,584,192
$50,272,234 $(13,688,042) Per capita931 .73 1,290.69 (358.96)EXPENDITURESCurrent:Citizen Services $1,169,665
$1,155,443 $14,222 Community Development1 ,254,968 1,194,907 60,061 Executive865,111 997,486
(132,375)Finance730,962 732,392 (1 ,430)Fire1,907,881 1,853,543 54,338 Legislative184,548 180,557 3,991 Parks &
Recreation 1,317,243 1,156,241 161,002 Police8,059,482 8,061,948 (2,466)Public Works3,841 ,444 3,775,218 66,226
Investment management Fees77,015 84,294 (7,279)Capital Outlay18,446,159 27,355,504 (8,909,345)Debt Service: -
Principal Retirement9,674,672 7,552,458 2,122,214 TIF developer payments248,456 61,193 187,263 Interest and fiscal
Charges2,967,598 3,181 ,970 (214,372) Total expenditures $50,745,204 $57,343,154 $(6,597,950) Per capita1,292.38
1,472.22 (179.85)Total Long-term indebtedness $84,380,333 $84,894,879 $(514,546) Per capita2,149.00 2,179.59
(30.59)General fund and Special Revenue funds unassignedFund balance - December 31 $8,262,602 $7,333,839 $928,763
Per capita210.43 188.29 22.14 the Citys' website atwww.ci.maplewood.mn.us. Questions aboutthis report should be
directed to Gayle Bauman, Finance Director at651-249-2902.CITY OF MAPLEWOOD, MINNESOTASUMMARY FINANCIAL
REPORT FOR FISCAL 2014 The purpose of this report is to provide a summary of financial information concerning the City of
Maplewood to interested citizens. The complete financial statements may be examined on REVENUES AND
EXPENDITURES FOR GENERAL OPERATIONS (Governmental
Fun ds)TotalTotallncrease20142013(Decrease)REVENUESTaxes $18,539,692 $17,593,788 $945,904 Special
assessments2,932,608 2,870,138 62,470 Licenses and permits2,275,634 1,257,544 1,018,090 Intergovernmental 7,312,565
23,137,092 (15,824,527)Charges for services4,854,962 4,71 1,257 143,705 Fines and Forfeits297,444 298,427
(983)lnvestment earnings69,903 30,728 39,175 Miscellaneous301,384 373,260 (71,876) Total revenues $36,584,192
$50,272,234 $(13,688,042) Per capita931 .73 1,290.69 (358.96)EXPENDITURESCurrent:Citizen Services $1,169,665
$1,155,443 $14,222 Community Development1 ,254,968 1,194,907 60,061 Executive865,111 997,486
(132,375)Finance730,962 732,392 (1 ,430)Fire1,907,881 1,853,543 54,338 Legislative184,548 180,557 3,991 Parks &
Recreation 1,317,243 1,156,241 161,002 Police8,059,482 8,061,948 (2,466)Public Works3,841 ,444 3,775,218 66,226
Investment management Fees77,015 84,294 (7,279)Capital Outlay18,446,159 27,355,504 (8,909,345)Debt Service: -
Principal Retirement9,674,672 7,552,458 2,122,214 TIF developer payments248,456 61,193 187,263 Interest and fiscal
Charges2,967,598 3,181 ,970 (214,372) Total expenditures $50,745,204 $57,343,154 $(6,597,950) Per capita1,292.38
1,472.22 (179.85)Total Long-term indebtedness $84,380,333 $84,894,879 $(514,546) Per capita2,149.00 2,179.59
(30.59)General fund and Special Revenue funds unassignedFund balance - December 31 $8,262,602 $7,333,839 $928,763
Per capita210.43 188.29 22.14 the Citys' website atwwwci.maplewood.mn.us. Questions aboutthis report should be
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directed to Gayle Bauman, Finance Director at651-249-2902.CITY OF MAPLEWOOD, MINNESOTASUMMARY FINANCIAL
REPORT FOR FISCAL 2014 The purpose of this report is to provide a summary of financial information concerning the City of
Maplewood to interested citizens. The complete financial statements may be examined on REVENUES AND
EXPENDITURES FOR GENERAL OPERATIONS (Governmental
Fun ds)TotalTotallncrease20142013(Decrease)REVENUESTaxes $18,539,692 $17,593,788 $945,904 Special
assessments2,932,608 2,870,138 62,470 Licenses and permits2,275,634 1,257,544 1,018,090 Intergovernmental7,312,565
23,137,092 (15,824,527)Charges for services4,854,962 4,711 ,257 143,705 Fines and Forfeits297,444 298,427
(983)lnvestment earnings69,903 30,728 39,175 Miscellaneous301 ,384 373,260 (71,876) Total revenues $36,584,192
$50,272,234 $(13,688,042) Per capita931.73 1,290.69 (358.96)EXPENDITURESCurrent:Citizen Services $1,169,665
$1,155,443 $14,222 Community Developmentl ,254,968 1,194,907 60,061 Executive865,1 11 997,486
(132,375)Finance730,962 732,392 (1,430)Firel ,907,881 1,853,543 54,338 Legislativel 84,548 180,557 3,991 Parks &
Recreation 1,317,243 1,156,241 161,002 Police8,059,482 8,061 ,948 (2,466)Public Works3,841,444 3,775,218 66,226
Investment management Fees77,015 84,294 (7,279)Capital Outlayl 8,446,159 27,355,504 (8,909,345)Debt Service: -
Principal Retirement9,674,672 7,552,458 2,122,214 TIF developer payments248,456 61,193 187,263 Interest and fiscal
Charges2,967,598 3,181,970 (214,372) Total expenditures $50,745,204 $57,343,154 $(6,597,950) Per capital ,292.38
1,472.22 (179.85)Total Long-term indebtedness $84,380,333 $84,894,879 $(514,546) Per capita2,149.00 2,179.59
(30.59)General fund and Special Revenue funds unassignedFund balance - December 31 $8,262,602 $7,333,839 $928,763
Per capita210.43 188.29 22.14 the Citys' website atwww.ci.maplewood.mn.us. Questions aboutthis report should be
directed to Gayle Bauman, Finance Director at 651-249-2902.
THE CITY OF MAPLEWOOD IS NOW ACCEPTING APPLICATIONS TO FILL OPENINGS ON THE FOLLOWING
COMMISSIONS:
Environmental & Natural Resources Commission (1 opening)
Heritage Preservation Commission (1 opening)
Housing & Economic Development Commission (1 opening)
Parks & Recreation Commission (3 openings)
Planning Commission (1 opening)
These openings are due to terms expiring and resignations. The City Council will interview candidates that apply and will
appoint individuals to fill these openings.
More information on the commissions can be found on the City's websitewww.ci.maplewood.mn.us or by calling City Hall at
651-249-2000. Applications can be picked up at the City Hall front desk or found on the City's website. Applications are
accepted at any time. However, in order to take part in the next scheduled interview session you must submit your application
by July 2, 2015. Completed applications should be submitted to the City Manager's Office at 1830 County Road B E,
Maplewood, MN 55109.
(Review: June 3, 10, 2015)
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CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 947
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XVIII OF THE CITY CODE OF ORDINANCES RELATING TO THE
SALE OF TOBACCO RELATED PRODUCTS
ARTICLE XVIII. - TOBACCO -RELATED PRODUCTS
Sec. 14-1371. - Recitals.
Sec. 14-1372. - Purpose.
Sec. 14-1373. - Definitions.
Sec. 14-1374. - License required.
Sec. 14-1375. - Basis for denial of license.
Sec. 14-1376. - Prohibited sales.
Sec. 14-1377. - Smoking prohibited.
Sec. 14-1378. - Compliance checks and inspections.
Sec. 14-1379. - Violations and penalty.
Secs. 14-1380-14-1400. - Reserved.
ARTICLE XVIII. - TOBACCO -RELATED PRODUCTS
FOOTNOTE(S):
--- (10) ---
Editor's note— Ord. No. 920, §§ 1-9, adopted Mar. 26, 2012, amended Art. XVIII in its entirety to read as set out herein.
Former Art. XVIII, §§ 14-1371, 14-1372, pertained to similar subject matter and derived from Ord. No. 823, § 10-22, adopted
Feb. 25, 2002.
State Law reference—Authority of city to license and regulate the sale of tobacco, Minn. Stats. § 461.12.
Sec. 14-1371. - Recitals.
The Minnesota Legislature has enacted the Minnesota Clean Indoor Air Act (Minn. Stats., §§ 144.411 to 144.417), the
purpose of which is to protect employees and the general public from the hazards of secondhand smoke by eliminating
smoking in public places, places of employment, public transportation and at public meetings, and nothing in the Minnesota
Clean Air Act prohibits the city from enacting and enforcing more stringent measures to protect individuals from secondhand
smoke. Pursuant to this authority and for the purpose of protecting individuals from the hazards of secondhand smoke, the
city has determined that it is in the best interest of the public to prohibit the lighting of tobacco or the use of an electronic
delivery device in a retail establishment by a customer or potential customer for the purpose of sampling tobacco products or
electronic delivery devices.
(Ord. No. 920, § 1, 3-26-2012)
Sec. 14-1372. - Purpose.
The city recognizes the public health hazards of exposure of individuals to secondhand smoke. This article is intended to
regulate the sale, possession, and use of tobacco, tobacco -related devices, electronic delivery devices, and nicotine or
lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects
associated with the illegal use of tobacco, tobacco -related devices, electronic delivery devices, and nicotine or lobelia
delivery products to protect individuals from the hazards of secondhand smoke and tobacco use, and to further the official
public policy of the State of Minnesota as stated in Minn. Stats. §§ 144.391 and 144.412, as they may be amended from time
to time.
(Ord. No. 920, § 2, 3-26-2012)
Sec. 14-1373. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted
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definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires
a different meaning:
Child -resistant packaging means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section
1700.15(b), as in effect on January 1, 2015 and was tested in accordance with the method described in Code of Federal
Regulations, title 16, section 1700.20, as in effect on January 1 , 2015.
Cigar means 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 means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco -
related devices, electronic delivery devices, and nicotine or lobelia delivery products are following and complying with the
requirements of this article. Compliance checks shall involve the use of minors as authorized by this article.
Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco -related devices, electronic
delivery devices, or nicotine or lobelia delivery 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 tobacco, tobacco -related devices, electronic delivery
devices, and nicotine or lobelia delivery products.
Electronic delivery devices means any product containing or delivering nicotine, lobelia, or any other substance intended for
human consumption that can be used by a person to stimulate smoking in the delivery of nicotine or any other substance
through inhalation of vapor from the product. Electronic Delivery Device includes any component part of such a product
whether or not sold separately.
Electronic Delivery Device does not include any product that has been approved or otherwise certified by the United States
Food and Drug Administration for legal sales for use in tobacco cessation treatment for other medical purposes, and is being
marketed and sold solely for that approved purpose.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale.
Individually -wrapped tobacco and tobacco products shall include, but [shall] not be limited to, single cigarette packs, single
cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco.
Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be
considered individually packaged.
Indoor area means 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. A 0.001
gauge window screen with an 18 by 16 mesh count is not considered a wall.
Loosies means the common term used to refer to a single or individually -packaged cigar or cigarette, or any other tobacco
product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars
with a retail price, before any sales taxes, of more than $2.60 per cigar.
Minor means any natural person who has not yet reached the age of eighteen (18) years.
Moveable place of business means any form of business operated out of a kiosk, truck, van, automobile or other type of
vehicle or transportable shelter and not a fixed -address storefront or other permanent type of structure authorized for sales
transactions.
Nicotine or lobelia delivery products means any product containing or delivering nicotine or lobelia intended for human
consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section, 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.
Retail establishment means any place of business where tobacco, tobacco -related devices, electronic delivery devices, or
nicotine or lobelia delivery products are available for sale to the general public. The phrase shall include, but not be limited
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to, grocery stores, convenience stores, restaurants, and drug stores.
Sale means any transfer of goods for money, trade, barter or other consideration.
Self-service merchandising means open displays of tobacco, tobacco -related devices, electronic delivery devices, or nicotine
or lobelia delivery products in any manner where any person shall have access to the tobacco, tobacco -related devices,
electronic delivery devices, or nicotine or lobelia delivery 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 tobacco, tobacco -
related device, electronic delivery device, or nicotine or lobelia delivery product between the customer and the licensee or
employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product
between the clerk and the customer.
Smoking means inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other tobacco or plant
product, or inhaling or exhaling vapor from any electronic delivery device. Smoking also includes carrying a lighted or heated
cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation.
Tobacco means any product containing, made, or derived from tobacco that is intended for human consumption, whether
chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or
accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other
chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale
as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
Tobacco -related devices means pipes, rolling papers, ashtrays, or other device intentionally designed or intended to be used
in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.
Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco -
related devices, electronic delivery devices, or nicotine or lobelia delivery products upon the insertion of money, tokens or
other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco -related device,
electronic delivery device, or nicotine or lobelia delivery product.
(Ord. No. 920, § 3, 3-26-2012)
Sec. 14-1374. - License required.
(a) Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or
otherwise dispose of any tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery
products at any place in the city unless a license has first been issued by the city as provided in this section.
(b) Specifically.
(1) Application. An application for a license 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.
(2) Action. Upon receipt of a completed application, the city clerk shall forward the application to the police department for
investigation. The police department shall conduct an investigation of the applicant and application regarding the fitness of
the applicant to hold a license pursuant to the standards set forth in this article, and report the results of its investigation to the
city clerk within 30 days of receipt of the application. After the city finishes its investigation and reviews the finding, the
application will be approved or denied by the city manager or his designee. If the application is approved, it will be issued by
the city clerk. If the city manager or his designee denies the application, notice of the denial shall be given to the applicant
along with notification of the applicant's right to appeal the decision.
(3) Fees. No license shall be issued under this article until the appropriate license or investigation fee is paid in full. The
fee(s) shall be established by the city council by resolution from time to time.
(4) Duration. Licenses issued under this division shall have a duration period of one year. The expiration date of such license
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is as may be imposed, set, established and fixed by the city clerk, from time to time.
(5) Sanctions for violation. Shall beset by the city council at penalty phase not to be less than state mandated guidelines.
(6) 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.
(7) 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.
(8) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(9) 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 prior, but no more than 60 days before the expiration of
the current license. The license holder is not entitled to an automatic renewal of the license.
(10) Sale by minors. It shall be unlawful for any business licensed under this article to allow any person under the age of 18
years to sell, offer for sale, or attempt to sell tobacco, tobacco -related devices, electronic delivery devices, or nicotine or
lobelia delivery products.
(Ord. No. 920, § 4, 3-26-2012)
Sec. 14-1375. - Basis for denial of license.
The following shall be grounds for denying the issuance of or renewal of a license under this article; if a license is mistakenly
issued or renewed to a person, it shall be revoked upon the discovery thatthe person was ineligible for the license under this
section:
(1) The applicant is under the age of 18;
(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 -related devices, electronic delivery devices, or nicotine or lobelia
delivery products.
(3) The applicant has had a license to sell tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia
delivery products revoked or suspended 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) Nonpayment by the property owner and/or applicant of any fees or charges owed to the city and/or county, including, but
not limited to, utilities and property taxes.
(Ord. No. 920, § 5, 3-26-2012)
Sec. 14-1376. - Prohibited sales.
(a) Generally. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco -related device,
electronic delivery device, or nicotine or lobelia delivery product:
(1) To a minor;
(2) By a vending machine;
(3) By self-service;
(4) As loosies;
(5) Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic,
toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process; and/or
(6) To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance.
(b) Specifically.
(1) Cigars. It shall be a violation of this ordinance to sell, offer for sale, or otherwise distribute any cigar that is not within an
original package containing fewer than five cigars, unless that package has a sales price of no less than $2.60 per cigar
contained within. Cigars to which price promotions or discounts apply shall not be excluded from this restriction.
(a) This section shall not apply to premium cigars as defined in Minnesota Statutes 297F.01, subdivision 13a.
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(b) The minimum pricing established in this section shall be adjusted periodically for inflation at least every three years.
(c) The minimum retail sales price of an original package of five or more cigars shall be at least $10.40, after any price
promotions or discounts are taken into account and before the imposition of sales tax.
(2) Liquid Packaging. It shall be a violation of this ordinance to sell any liquid, whether or not such liquid contains nicotine,
intended for human consumption and use in an electronic delivery device, in packaging that is not child -resistant. Upon
request, a licensee shall provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(Ord. No. 920, § 6, 3-26-2012)
Sec. 14-1377. - Smoking prohibited.
Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a tobacco
license. Smoking for the purpose of sampling tobacco, tobacco -related devices, or electronic delivery devices is also
prohibited except for the following addresses which are grandfathered in upon passage of Ordinance 947: 2515 White Bear
Avenue N, 1700 Rice Street N, 1703 Cope Avenue E, 3035 White Bear Avenue N. When the establishments are sold, rented
or change hands the address will continue to qualify for cigarette or tobacco licenses but will not be permitted to allow e -
cigarette sampling. Signage must be posted as directed by State of Minnesota Administrative Rules.
(Ord. No. 920, § 7, 3-26-2012)
Sec. 14-1378. - Compliance checks and inspections.
All licensed premises shall be open to inspection by the city police or other authorized city official during regular business
hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging with the written
consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to
attempt to purchase tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products.
Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other
designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco -
related devices, electronic delivery devices, or nicotine or lobelia delivery products when those items are obtained as a part
of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the
minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked
by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked.
(Ord. No. 920, § 8, 3-26-2012)
Sec. 14-1379. - Violations and penalty.
(a) Misdemeanor prosecution. Nothing in this section shall prohibitthe city from seeking prosecution as a misdemeanor for
any alleged violation of this article.
(b) Administrative penalties.
(1) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be
charged an administrative fine of $250.00 for a first violation of this article; $500.00 for a second offense at the same licensed
premises within a 24 -month period; and $750.00 for a third or subsequent offense at the same location within a 24 -month
period. In addition, after the third offense the license shall be suspended for not less than seven consecutive days.
(2) Other individuals. Other individuals, other than minors regulated by this article, found to be in violation of this article shall
be charged an administrative fine of $50.00.
(3) Minors. Minors found in unlawful possession of or who unlawfully purchase or attemptto purchase, tobacco, tobacco -
related devices, electronic delivery devices, or nicotine or lobelia delivery products, shall be subjectto an administrative fine,
or may be subject to tobacco -related education classes, diversion programs, community services, or another penalty that the
city believes will be appropriate and effective. The administrative fine or other penalty shall be established by city council
ordinance upon the city council's consultation with interested parties of the courts, educators, parents and children to
determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from
time to time by the ordinance establishing fees and charges, as it may be amended from time to time.
(4) Statutory penalties. If the administrative penalties authorized to be imposed by Minn. Stats. § 461 .12, as it may be
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amended from time to time, differ from those established in this section, then the higher penalties shall prevail.
(Ord. No. 920, § 9, 3-26-2012)
Secs. 14-1380-14-1400. - Reserved.
PASSED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ON THE 26TH DAY OF MAY 2015.
Attest: Karen Haag, City Clerk
An official copy of Ordinance 947 is on file in the office of the Maplewood City Clerk, 1830 County Road B East, Maplewood,
or can be obtained on the city's website atwww.ci.maplewood.mn.us. Questions regarding this ordinance should be directed
to Karen Haag, City Clerk at (651) 249-2002 or karen.haag&ci.maplewood.mn.us.
(Review: June 3, 2015)
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