7.4 SR 07-20-2020 - Laserfiche WebLink

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Strikethroughs to be removed Underlines to be added SECTION 15. That § Sec. 26-71. - No transfers, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) All licenses issued under this division 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. Relocation or sale of the business shall require the approval and issuance of a new license. (b) Transfer of 25 percent or more of the ownership interest of a business entity, or of a controlling interest of it, whichever is less, will be deemed a sale of the business. If the licensee is a business entity that is wholly owned by another entity, the same provisions about the transfer of ownership or a controlling interest will apply to the parent entity and any second parent entity that wholly owns the parent entity. (c) A sale of the business as defined in this section without the approval and issuance of a new license shall result in the unlicensed sale of tobacco, tobacco products, tobacco-related devices, nicotine, or electronic delivery devices, as the case may be. Transfer of this amount of ownership interest without prior council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining council approval will be a separate violation of this articleArticle. SECTION 16. That § Sec. 26-73. – Penalty, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Administrative penalties for sales and furnishing; Licensees. Any licensee found to have violated this articleArticle, or whose employee has violated this articleArticle, shall be subject to the Administrative Penalties set forth in Minn. Stat. §461.12, Subd. 3, as amended from time to timecharged an administrative penalty of $75.00 for a first violation of this article, $200.00 for a second offense at the same licensed premises within a 24-month period, and $250.00 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 days. (b) Administrative Penalty for sales and furnishing; Individualsto sell. Whoever sells, gives, or otherwise furnishes tobacco, tobacco products, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery productsa product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product that is not tobacco, or an electronic delivery device as defined by section 26-31, to a person under the age of 2118 years is guilty of a misdemeanormay be subject to the Administrative Penalties set forth in Minn. Stat. §461.12, Subd. 4, as amended from time to time. (1) Whoever sells tobacco, tobacco products, tobacco-related devices, a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product that is not tobacco, or an electronic delivery device as defined by section 26-31, to a person under the Commented \[PHLC13\]: State law provides that the age of 18 years is guilty of a misdemeanor for the first violation. Whoever violates this article a second violation with a person under 18 is a gross subsequent time within five years of a previous conviction under this article is guilty of a gross misdemeanor. If a city or county raises the age higher, sales misdemeanor subject to the exceptions and defenses set forth in section 26-36. to persons 18-20 can only be a misdemeanor – the highest penalty for age-related violations. Last Updated January 2019