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AFFIDAVIT OF PUBLICATION <br /> • STATE OF MINNESOTA ) SS <br /> COUNTY OF SHERBURNE ) <br /> ORDINANCE NO.11-02 <br /> CITY OF ELK RIVER <br /> AN ORDINANCE OF THE <br /> CITY OF ELK RIVER <br /> AMENDING SECTION 26-40 Heidi Quanrud,being duly sworn on oath says that she is the office manager of the <br /> OF THE CITY OF ELK RIVER <br /> CODE OF ORDINANCES Newspaper known as the Star News,and has full knowledge of the facts which are stated <br /> REGARDING TOBACCO below: <br /> PRODUCTS SHOPS <br /> The City Council of the City of (A)The Newspaper has complied with all oftherequirementsconstitutingqualifications <br /> Elk River does hereby ordain as <br /> follows: as a qualified newspaper,as provided by Minnesota Statue 331A.02, 331A.07 and other <br /> Section 1. That Section applicable laws,as ammended. <br /> 26-40(c)of the Elk River City <br /> Code of Ordinances shall be (B) The printed legal notice, which is attached was cut from the columns of said <br /> amended such that sub-sec- <br /> s <br /> tions(2)(3)and(4)shall read newspaper and was printed and published once a week for one week;it was first published <br /> as follows: on Saturday,the 9th day of April,2011,and was therefore printed and published on every <br /> (2) The proposed location is in Saturday to and including Saturday,the 9th day of April,2011,and printed below is a copy <br /> a zoning district where the <br /> business is not allowed pursu- of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledged as <br /> ant to Chapter 30 of this Code. being the size and kind of type used in the composition and publication of the notice <br /> This restriction shall not apply <br /> to tobacco product shops which <br /> were in conformance with <br /> Chapter 30 on July 21,2008. ' <br /> (3)The proposed location is abcdefghijklmnopqrstuvwxyz <br /> located within 500 feet of a <br /> school or park property. <br /> (i)The distance limitations <br /> shall be measured from prop- <br /> line to property line pthe /rest point ar from property 14 <br /> me to the nearest point of the b. <br /> leased premises if the tobacco <br /> products shop is located in a <br /> multi-tenant facility. <br /> (ii)This restriction shall not Office Manager <br /> apply to tobacco product shops <br /> which were properly licensed Subscribed and sworn to before me on <br /> pursuant to Chapter 26 of this <br /> Code and in conformance with this 9th day of April,2011 LIA� <br /> ,SAuLA32 <br /> Chapter 30 of this Code on July <br /> 21,2008. <br /> (4) The proposed location is in <br /> a multi-tenant facility and does <br /> not have its own separate ven- <br /> tilation system,unless the lic- <br /> ensee agrees,and the License SHELLY RAE WESTOVER <br /> provides,tha£there shall be no NOTARY PUBLIC <br /> smoking allowed in the tobacco MINNESOTA <br /> products shop. Violation of this ,,,, My Commission Expires Jan.31,2015 <br /> condition in a license shall be Notary Public <br /> grounds for revocation of the <br /> license. _ <br /> Section2.ihat this Ordi- <br /> nance shall take effect upon RATE INFORMATION <br /> adoption as provided by law. <br /> Passed and adopted by the $ 21.00 <br /> City Council of the City of Elk (1)Lowest classified rate paid by <br /> River this 4th day of April, <br /> 2011. commercial users for comparable space <br /> John Dietz (line,word or inch rate) <br /> ATTEST: Mayor (2) Maximum rate allowed by law for the $ 15.50 <br /> Tina Allard . �� above matter <br /> ;Clerk (line,word or inch rate) <br /> (Ap9) <br /> (3) Rate actually charged for the above $ 15.00 <br /> matter <br /> (line,word or inch rate) <br /> 2,564,144 <br />