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City Council Memo <br />Tobacco Ordinance <br />April 27, 1998 <br /> <br />Page 2 <br /> <br />· Licensing of all tobacco retail outlets and establishment of license <br /> fee to cover costs of licensing and enforcement <br />· Ban on self-service displays of single packs of cigarettes and <br /> smokeless tobacco <br />· Ban on vending machines, except in facilities that cannot be <br /> entered by minors <br />· Mandatory compliance checks at least onceper year <br />· Graduated penalties against the license holder for the illegal sale <br /> of tobacco to minors <br />· Alternative penalties for minors found to have purchased, used or <br /> possessed tobacco illegally <br />· Establishment of an administrative hearingpanel and <br /> administrative hearing process <br /> <br />All of these issues have been included in the City's draft tobacco <br />ordinance. Keep in mind that although the City must comply with <br />the requirements of State law, it may also be more restrictive than <br />State law. <br /> <br />The above issues will be addressed in this memo with an explanation <br />as to how the City's ordinance compares to State law and to the <br />County's ordinance. Sherburne County recently held its hearing <br />and has adopted its ordinance which will go into effect on July 1. <br />The County's ordinance does not apply in any city that has retained <br />its licensing authority, such as the City of Elk River. It has been <br />staffs intention not to be much more restrictive than State law. <br />Staff also feels that the City ordinance should be somewhat <br />consistent with Sherburne County's ordinance. As you will note <br />below, the County has chosen to be more restrictive in certain areas <br />than the State law. <br /> <br />1. Licensing of all tobacco retail outlets. The City currently <br />licenses all tobacco sales under its current cigarette ordinance. The <br />City will continue to license all tobacco sales under the new <br />ordinance. <br /> <br />· City Existing Fee - $25.00 per year. <br />· City Proposed New Fee - $100.00 per year. <br />· County New Fee - $50.00 per year. <br /> <br /> <br />