HomeMy WebLinkAboutNo 823 Amending Chapter 10 Relating to the Illegal Sale of Tobacco Products to Minors
Ordinance 823
Amending Chapter 10 of the City of Maplewood Code Relating
to the Illegal Sale of Tobacco Products to Minors
Sec. 10-22 Prohibited Sales
It shall be a violation of this Ordinance for any person to sell or offer to sell any
tobacco, tobaccoproduct, or tobacco related device to any person under the age
of eighteen (18) years. No person shall sell, offer for sale, or dispense single
packages of cigarettes or smokeless tobacco in open displays which are
accessible to the public without the intervention of a store employee. No person
shall sell, offer for sale or dispense any other tobacco-related product through the
use of self-service merchandising unless a responsible employee is present to
view and monitor the self-service display and prevent the purchase or theft of
such products by minors and the self-service display is equipped with an alarm
system or locking device capable of preventing the theft of tobacco-related
products and the display is located within ten (10) feet of the sales counter and in
plan view of a responsible employee. A license holder who operates an
establishment or fully enclosed portion of an establishment that sells only
tobacco-related products is exempt from the self-service merchandising provision
if the license holder prohibits anyone under eighteen (18) years of age from
entering the establishment or fully enclosed portion of an establishment unless
accompanied by a parent and the license holder conspicuously displays a notice
prohibiting persons under eighteen (18) years of age from entering the
establishment unless accompanied by a parent.
Sanctions for License Violations:
A licensee shall pay to the City a civil penalty of $250 for an initial violation, $500
for a second violation and $1,000 for a third violation of any provision of the
Section or state laws governing the sale of tobacco-related products. The
imposition of a civil penalty shall be issued by the City Manager or the City
Manager’s designated representative. The decision of the City Manager orthe
City Manager’s designee may be appealed by the licensee to the City Council
within (10) days after receiving written notice of the decision.
The City Council may revoke or suspend a license for a fourth violation or any
subsequent violation of a provision of this Section or state laws governing the
sale of tobacco-related products. A revocation, suspension or civil penalty shall
be preceded by written notice to the licensee and a public hearing before the City
Council. The notice shall give at least eight (8) days notice of the time and place
of the public hearing and shall state the nature of the charges against the
licensee.
Passed by the Maplewood City Council on February 25, 2002.