Public Notices Mar. 26, 2014 Bulletin Area

Public Notices & Legals published Mar. 26, 2014 in the New Brighton - Mounds View, Shoreview - Arden Hills and St. Anthony Bulletin Area newspapers

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Legal announcements

CERTIFICATE OF ASSUMED NAME STATE OF MINNESOTA Minnesota Statutes Chapter 333: ASSUMED NAME: V-One, Inc. PRINCIPAL PLACE OF BUSINESS: 7130 Spring Meadows Drive W, Holland, OH 43528 NAMEHOLDERS: Velocity The Greatest Phone Company Ever, Inc., 7130 Spring Meadows Drive W, Holland, OH 43528 I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. Date: 03/11/2014 /s/ William Werner (Bulletin: Mar. 19, 26, 2014


NOTICE OF PUBLIC SALE SS Minnesota, LLC, doing business as Simply Self Storage located at 251 5th St. NW, New Brighton, MN 55112, Intends to enforce its lien on certain personal property belonging to the following at the facility. The sale will take place (unless otherwise withdrawn) via an on-line auction at www.storagebattles.com on April 9th, 2014 beginning at approximately 10:00 AM and concluding on April 23rd, 2014 at approximately 10:00 AM. This public sale will result in the goods being sold to the highest bidder. Certain terms and conditions apply. D. Ryman, #642F, Bikes, fishing equipment, auger. D. Jenkins, #267, Bike rack, exercise equipment, luggage, K. Middlestadt, #334335, tool box, bikes, TV (Bulletin: Mar. 26, Apr. 2, 2014)


Arden Hills

CITY OF SHOREVIEW NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Shoreview City Council will hold a Public Hearing at 7:00 p.m. Monday, April 7, 2014 at the Shoreview City Hall, located at 4600 Victoria Street North, Shoreview, Minnesota to consider a request to vacate public easements. APPLICANT: The Catholic Community of St. Odilia LOCATION: 3495 Victoria Street, 3510 Vivian Avenue, 3470 Vivian Avenue and 825 Cottage Place PROPOSAL: To vacate excess slope, bikeway/walkway, and drainage and utility easements on the above property. Persons who want to comment on this proposal are invited to attend this hearing. Please call the Shoreview Department of Community Development (651-490- 4680) after Friday, April 4th to find out where this item will be located on the meeting agenda. The meeting will also be cable cast on Channel 16. BY ORDER OF THE CITY COUNCIL /S/ Terry C. Schwerm City Manager (Bulletin: Mar. 19, 2014)


NOTICE OF PUBLIC HEARING CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA To whom it may concern: Consistent with the requirements of the General Storm Water Permit Application for Small Municipal Separate Storm Sewer Systems, notice is hereby given that the City Council of Arden Hills, Minnesota will hold its regular meeting in the Council Chambers of Arden Hills City Hall, 1245 West Highway 96, on Monday, April 28, 2014, at 7:00 p.m. for the purpose of holding a public hearing to provide information regarding the City of Arden Hills’ Storm Water Pollution Prevention Program (SWPPP). All persons desiring to provide written or oral input on the program may appear and be heard by the City Council at the time and place stated above. The final annual report will be submitted to the Minnesota Pollution Control Agency. Further information and a copy of the complete Storm Water Pollution Prevention Program (SWPPP) are on file at Arden Hills City Hall, 1245 West Highway 96. Patrick Klaers City Administrator (Bulletin: Mar. 26, 2014)


STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS NOTICE OF PUBLIC HEARING FOR A ZONING CODE ORDINANCE AMENDMENT TO SECTION 1315 OF THE ZONING CODE PLANNING CASE 14-001 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that on Wednesday, April 9, 2014, at 6:30 p.m., the Arden Hills Planning Commission will hold a Public Hearing to review a proposal for an amendment to Section 1315 – Zoning Map and Boundaries of Zoning Districts of the Arden Hills Zoning Code. The amendment would rezone the following properties that are owned by the City of Arden Hills or Ramsey County and are managed as parks and open space areas as Parks and Open Space District: 1791 Chatham Avenue (PID 283023420023); 1678 Oak Avenue (PID 283023430031); 3301 New Brighton Road (PID 333023320079); 4601 Prior Avenue (PID 163023340013); 1750 Parkshore Drive (PID 213023430028); 3255 Lexington Avenue (343023410001); 4317 Colleen Court (PID 223023230079); 3700 New Brighton Road (PID 283023340001); 1900 Lake Lane (PID 333023240104); 1893 Lake Lane (PID 333023240070); 3772 Brighton Way (283023310014); 3738 Brighton Way (PID 283023310028); 3743 Mccracken Lane (PID 283023410042); 1650 Lake Valentine Road (PID 283023140002); 1370 County Road E (PID 343023210075); 1581 Chatham Avenue (PID 283023420001); 4375 Snelling Avenue (PID 213023140014); 1582 Chatham Avenue (PID 283023410001); 1646 Chatham Avenue (PID 283023440001); 1413 Arden Oaks Drive (PID 273023340028); 1219 Cummings Park Drive (PID 223023140037); 1423 Floral Drive (PID 223023340052); 4210 Hamline Avenue (PID 223023420051); 1145 Benton Way (343023130018); 3168 Ridgewood Road (PID 343023330003); 3151 Lake Johanna Boulevard (PID 333023340013); 3208 Hamline Avenue North (PID 343023310012); 1761 Lake Johanna Boulevard (PID 333023120005); 1837 County Road E2 (PID 283023310035); 1850 County Road E2 (PID 283023310008); 3660 New Brighton Road (PID 283023310008); 5101 Lexington Avenue North (PID 103023440001); 1837 County Road E2 (PID 283023230004); 1621 Lake Johanna Boulevard (PID 333023110009); 0 County Road I West (PID 93023240001); 0 Unassigned (PID 283023440053); 0 Unassigned (PID 333023120004); and 0 Unassigned (PID 283023440052). The staff report and all documentation are on file and available for inspection at Arden Hills City Hall, 1245 West Highway 96, Arden Hills, MN 55112. A report evaluating this proposal will be available for viewing at City Hall and online at www.cityofardenhills.org/ agendacenter approximately one week prior to the public hearing. If the Planning Commission makes a recommendation regarding this item, the City Council will likely review the decision at their April 28, 2014, meeting. This notice is given pursuant to Section 1355 of the Zoning Code in the Arden Hills Code of Ordinances. Any person in favor of, opposed to, or interested in said application will be heard by the Planning Commission at the time and place above stated. Written comments can also be sent to City Hall. Dated at Arden Hills, Minnesota, this 21th day of March, 2014. Matthew Bachler Associate Planner 651-792-7822 (Bulletin: Mar. 26, 2014)


STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS NOTICE OF PUBLIC HEARING FOR A ZONING CODE ORDINANCE AMENDMENT TO SECTION 1315 OF THE ZONING CODE PLANNING CASE 14-002 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that on Wednesday, April 9, 2014, at 6:30 p.m., the Arden Hills Planning Commission will hold a Public Hearing to review a proposed amendment to Section 1315 – Zoning Map and Boundaries of Zoning Districts of the Arden Hills Zoning Code. The amendment would rezone the following properties that comprise the Arden Hills Army Training Site as Conservation District: 5337 Lexington Avenue (PID 103023140001); 1460 County Road I W (PID 10302344002); 1185 Highway 96 W (PID 153023110003); 1661 Highway 96 W (PID 163023110002); 0 County Road I W (PID 93023110002); 0 Unassigned (PID 103023110001); 0 Unassigned (PID 163023110003); and 0 Unassigned (PID 93023420001). The staff report and all documentation are on file and available for inspection at Arden Hills City Hall, 1245 West Highway 96, Arden Hills, MN 55112. A report evaluating this proposal will be available for viewing at City Hall and online at www.cityofardenhills.org/ agendacenter approximately one week prior to the public hearing. If the Planning Commission makes a recommendation regarding this item, the City Council will likely review the decision at their April 28, 2014, meeting. This notice is given pursuant to Section 1355 of the Zoning Code in the Arden Hills Code of Ordinances. Any person in favor of, opposed to, or interested in said application will be heard by the Planning Commission at the time and place above stated. Written comments can also be sent to City Hall. Dated at Arden Hills, Minnesota, this 21th day of March, 2014. Matthew Bachler Associate Planner 651-792-7822 (Bulletin: Mar. 26, 2014)


STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS NOTICE OF PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT AMENDMENT PLANNING CASE 14-012 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that on Wednesday, April 9, 2014, at 6:30 p.m., the Arden Hills Planning Commission will hold a Public Hearing for a Planned Unit Development (PUD) Amendment to review a proposal to add one double walled storage tank to the southeast side of the building at 1887 Gateway Boulevard. The tank would be placed within an existing screened area. The property is located at 1887 Gateway Boulevard, which is generally located to the south of Highway 96, to the north of Interstate 694, to the west of Round Lake, and to the east of Interstate Highway 35W. The application and all documentation are on file and available for inspection at Arden Hills City Hall, 1245 West Highway 96, Arden Hills, MN 55112. A report evaluating this application will be available for viewing at City Hall and online at www.cityofardenhills.org/ agendacenter approximately one week prior to the public hearing. If the Planning Commission makes a recommendation regarding this application, the City Council will review the decision at their April 28, 2014, meeting. This notice is given pursuant to Section 1355 of the Zoning Code in the Arden Hills Code of Ordinances. Any person in favor of, opposed to, or interested in said application will be heard by the Planning Commission at the time and place above stated. Written comments can also be sent to City Hall. Dated at Arden Hills, Minnesota, this 21th day of March, 2014. Matthew Bachler Associate Planner (651) 792-7822 (Bulletin: Mar. 26, 2014) ____ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS NOTICE OF PUBLIC HEARING FOR A PRELIMINARY AND FINAL PLAT OF THE GATEWAY 2ND ADDITION PLANNING CASE 14-013 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that on Wednesday, April 9, 2014, at 6:30 p.m., the Arden Hills Planning Commission will hold a Public Hearing for a Preliminary and Final Plat of the Gateway 2nd Addition in order for the City of Arden Hills to replat the property to correct and/or combine particular parcels to allow for adequate right-of-way and easements for street and utility access and maintenance. The project is generally located north of I-694, south of Highway 96, east of I-35, , and west Old Highway 10/Round Lake. The application and all documentation are on file and available for inspection at Arden Hills City Hall, 1245 West Highway 96, Arden Hills, MN 55112. A report evaluating this application will be available for viewing at City Hall and online at www.cityofardenhills.org/ agendacenter approximately one week prior to the public hearing. If the Planning Commission makes a recommendation regarding this application, the City Council will review the decision at their April 28, 2014, meeting. This notice is given pursuant to Section 1355 of the Zoning Code in the Arden Hills Code of Ordinances. Any person in favor of, opposed to, or interested in said application will be heard by the Planning Commission at the time and place above stated. Written comments can also be sent to City Hall. Dated at Arden Hills, Minnesota, this 21th day of March, 2014. Ryan Streff City Planner (651) 792-7828 (Bulletin: Mar. 26, 2014)


ADVERTISEMENT FOR BIDS ROUND LAKE ROAD IMPROVEMENTS PROJECT CITY OF ARDEN HILLS, MINNESOTA RECEIPT AND OPENING OF PROPOSALS: Sealed proposals for the work described below will be received at the office of the Public Works Director, City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, until 10:00 a.m., Thursday, April 17th at which time the bids will be opened and publicly read. All bids shall be made on the proposal form provided for that purpose. DESCRIPTION OF WORK: The work includes the reconstruction of Round Lake Road and the mill and overlay of Gateway Court and Gateway Boulevard. Major quantities include approximately: 11,000 SY Bituminous Pavement Removal 7,900 SY Mill Bituminous Pavement 2,650 TON Bituminous Wear Course 3,400 TON Bituminous Non-wear Course 15,900 CY Select Granular Borrow 6,015 LF Concrete Curb and Gutter 2,675 LF Watermain Replacement – Directional Bore 3,850 LF Storm Sewer construction (12” – 24” HDPE) 10,425 LF Pavement Striping 16,500 SY Seeding Together with numerous related items of work, all in accordance with Plans and Specifications. This contract is subject to the Minnesota Prevailing Wage Act, Rules, Wage Decisions, and Truck Rental Rate Schedules established by the Minnesota Department of Labor and Industry. Read carefully the wage scales and Division A of the specifications as they affect this project. PLANHOLDERS LIST, ADDENDUMS AND BID TABULATIONS: The plan holders list, addendums and bid tabulation will be available on-line at: www.questCDN.com. Any addendums will be available thru QuestCDN. TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.questcdn.com – QuestCDN Number 3190431. You may download the digital plan documents for $50.00 from Quest’s website. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. An optional hard copy of project documents is also available at Elfering & Associates for a payment of $75/ set, located at 10062 Flanders Court NE, Blaine, MN 55449. No refunds will be provided. Bids will only be accepted from Contractors who purchase Bidding Documents as noted above. BID SECURITY: A certified check or proposal bond in the amount of not less than 5% percent of the total amount bid, drawn in favor of the City of Arden Hills shall accompany each bid. OWNER’S RIGHTS RESERVED: The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and the right to award the contract in the best interests of the City. Patrick Klaers, City Administrator City of Arden Hills, Minnesota (Bulletin: Mar. 26, Apr. 2, 2014)


STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS NOTICE OF PUBLIC HEARING FOR A RIGHT-OFWAY AND EASEMENT VACATION FOR THE GATEWAY 2ND ADDITION PLANNING CASE 14-013 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that on Monday, April 28, at 7:00 p.m., the Arden Hills City Council will hold a Public Hearing for a right-of-way and utility easement vacation as part of the replat for the Gateway 2nd Addition. The City of Arden Hills has submitted an application requesting to vacate a portion of the right-ofway along with utility easements in close proximity to the intersection of Round Lake Road and Gateway Court. The right-of-way and utility easements are being vacated in order to replat the property to correct and/or combine particular parcels to allow for adequate right-of-way and easements for street and utility access and maintenance. The property that is purposed to be vacated is described below: 1. Parcel 55 C.S. 6284 (35W=394) 901 Release 1157 That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota which lies easterly of a line run parallel with and distant 113.0 feet easterly of Line 1 described below, northerly of 14th Street North, formerly Butcher's Street, as dedicated in Butcher's Allotment No. 1 of Grounds in Section 21, Town 30 N, Range 23 W, Ramsey Co., Minn., and westerly of a line run parallel with and distant 1300 feet easterly of the west line of said Section 21. Line 1: Beginning at a point on the south line of said Section 21, distant 498.99 feet east of the southwest corner thereof; thence run northeasterly at an angle of 84 degrees 41 minutes 15 seconds from said south section line (measured from east to north) for 2800 feet and there terminating. 2. Parcel 59 C.S. 6284 (35W=394) 901 Release 1157 The west 884 feet of the south 30 acres of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota which lies easterly of a line run parallel with and 113.0 feet easterly of Line 1 described below: Line 1: Commencing at a point on the north line of said Section 21, distant 707.73 feet east of the northwest corner thereof; thence run southerly at an angle of 86 degrees 46 minutes 36 seconds from said north section line (measured from east to south) for 1155.41 feet; thence deflect to the right on a 00 degree 45 minute 00 second curve (delta angle 07 degrees 49 minutes 03 seconds) for 1042.33 feet; thence on tangent to said curve for 228.19 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 300 feet and there terminating. 3. PARCEL 60 C.S. 6284 (35W=394) 901 Release 1157 That part of the south 30 acres of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota, excepting therefrom the west 884 feet thereof; and excepting therefrom all that part that lies in the Southeast Quarter of the Northwest Quarter thereof, which lies easterly of a line run parallel with and distant 113.0 feet easterly of Line 1 described below, and westerly of Line 2 described below: Line 1: Beginning at a point on the south line of said Section 21, distant 498.99 feet east of the southwest corner thereof; thence run northeasterly at an angle of 84 degrees 41 minutes 15 seconds from said south section line (measured from east to north) for 2856.19 feet and there terminating; Line 2: Commencing at a point on a line run parallel with and distant 33 feet easterly of Line 3 described below, distant 200 feet northerly of its intersection with the east and west quarter line of said Section 21; thence run southeasterly to a point on said east and west quarter line, distant 220 feet easterly of said intersection and the point of beginning of Line 2 to be described; thence run westerly along said east and west quarter line for 141.92 feet; thence deflect to the right on a nontangential curve, concave to the northeast, having a delta angle of 57 degrees 43 minutes 04 seconds, a radius of 167.00 feet and a chord azimuth of 335 degrees 03 minutes 51 seconds, for 168.23 feet, more or less, to an intersection with said 33 foot parallel line; thence run northerly on said 33 foot parallel line for 52.28 feet and there terminating; Line 3: Beginning at a point on the· north line of said Section 21, distant 1180 feet east of the northwest corner thereof; thence run southerly at an angle of 75 degrees 28 minutes 41 seconds from said north section line (measured from west to south) for 1105.99 feet; thence deflect to the left at an angle of 17 degrees 04 minutes 13 seconds for 167.08 feet; thence deflect to the right on a 00 degree 44 minute 14 second curve (delta angle 07 degrees 08 minutes 33 seconds) for 968.91 feet; thence on tangent to said curve for 600 feet and there terminating. 4. PARCEL 60 C.S. 6284 (35W=394) 901 Release 1199 The south 30 acres of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 23 West, Ramsey County, Minnesota, excepting therefrom the west 884 feet thereof; and excepting therefrom all that part that lies in the Southeast Quarter of the Northwest Quarter thereof, which lies easterly of a line run parallel with and distant 113.0 feet easterly of Line 1 described below, and westerly of a line run parallel with and distant 33 feet easterly of Line 2 described below: Line 1: Commencing at a point on the south line of said Section 21, distant 498.99 feet east of the southwest corner thereof; thence northeasterly at an angle of 84 degrees 41 minutes 15 seconds from said south section line (measured from east to north) for 2856.19 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 228.19 feet; thence deflect to the left on a 00 degree 45 minute 00 second curve (delta angle 07 degrees 49 minutes 03 seconds) for 1042.33 feet and there terminating; Line 2: Beginning at a point on the north line of said Section 21, distant 1180 feet east of the northwest corner thereof; thence southwesterly at an angle of 75 degrees 28 minutes 41 seconds from said north section line (measured from west to south) for 1105.99 feet; thence deflect to the left at an angle of 17 degrees 04 minutes 13 seconds for 167.08 feet; thence deflect to the right on a 00 degree 44 minute 14 second curve (delta angle 07 degrees 08 minutes 33 seconds) for 968.91 feet; thence on tangent to said curve for 228.19 feet and there terminating. 5. That part of Round Lake Court, vacated, as dedicated in GATEWAY ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota. And That part of vacated 14th Street North, formerly Butcher's Street, as dedicated in Butcher's Allotment No. 1 of Grounds in Section 21, Town 30 N, Range 23 W, Ramsey Co., Minn., which lies westerly of the east line of the west 1300 feet of the Northwest Quarter of the Southwest Quarter of said Section 21, and easterly of the southerly extension of a line parallel with, and 66.00 feet east of the following described line: Beginning at a point on the North line of said Section 21, distant 1,180 feet East of the Northwest corner thereof; thence run Southerly at an angle of 75 degrees 28 minutes 41 seconds from said North section line (measured from West to South) for 1,105.99 feet; thence deflect to the left at an angle of 17 degrees 04 minutes 13 seconds for 167.08 feet; thence deflect to the right on an 00 degree 44 minute 14 second curve (delta angle 07 degrees 08 minutes 33 seconds) for 968.91 feet; thence on a tangent to said curve for 600 feet and there terminating. 6. The sanitary sewer easement granted over Tract No. 2 described as follows: Tract No. 2 That part Easterly of Highway 35-W of the South 30 acres of the Northwest ? of Section 21, Township 30, Range 23 except the West 884 feet thereof and except the following: Beginning at the point on the South line of said 30 acres, 2033.0 feet East of the Southwest corner thereof; thence East to the Southeast corner thereof; thence North to the Northeast corner thereof; thence West along the North line of said 30 acres to a point 1768.0 feet East of the Northwest corner thereof; thence South 28 degrees 41’ East 559.7 feet more or less to the point of beginning, except part deeded to State of Minnesota in Book “1729” RCR Page 988 and Book “2033” RCR Page 528. The centerline of said 30 foot perpetual easement over and across the afore-described tract of land (Tract No. 2) being described as follows: Commencing at the Northeast corner of the aforedescribed tract of land; thence run West along the North line of said tract 208.5 feet to the point of beginning; thence deflect to the left 88 degrees for 275 feet and there terminating. 7. All of the drainage and utility easements within Lot 1, Block 1, Gateway Addition, Ramsey County, Minnesota as dedicated by said plat. The project is generally located north of I-694, south of Highway 96, east of I-35, , and west Old Highway 10/Round Lake. The application and all documentation are on file and available for inspection at Arden Hills City Hall, 1245 West Highway 96, Arden Hills, MN 55112. A report evaluating this application will be available for viewing at City Hall and online at www.cityofardenhills.org/ agendacenter approximately one week prior to the public hearing. This notice is given pursuant to Section 1355 of the Zoning Code in the Arden Hills Code of Ordinances and Minnesota State Statutes 412.851 and 462.358 Subd. 7. Any person in favor of, opposed to, or interested in said application will be heard by the City Council at the time and place above stated. Written comments can also be sent to City Hall. Dated at Arden Hills, Minnesota, this 21st day of March, 2014. Ryan Streff City Planner (651) 792-7828 (Bulletin: Mar. 26, 2014)


Shoreview

STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF SHOREVIEW ORDINANCE NO. 919 AN ORDINANCE REGULATING THE POSSESSION, SALE AND CONSUMPTION OF TOBACCO AND TOBACCO RELATED DEVICES AND PRODUCTS The Shoreview City Council ordains that Chapter 700, Licensing, is hereby amended by replacing Section 706, Tobacco Products, in its entirety with the following: 706 TOBACCO PRODUCTS 706.010 Purpose and Intent. The purpose of this ordinance is to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study “Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997,” and of the following medical professionals in these medical journals: Khuder SA, et al., “Age at Smoking Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October 1999; D’Avanzo B, et al., “Age at Starting Smoking and Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, “Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. 706.020 Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (A) Compliance Checks. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and delivery devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or delivery devices 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 products, tobacco-related devices, and delivery devices. (B) Individually Packaged. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, 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. (C) Indoor Area. 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. (D) Loosies. The common term used to refer to a single or individually packaged 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 $2.00 per cigar. (E) Minor. Any natural person who has not yet reached the age of 18 years. (F) Moveable Place of Business. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (G) Delivery Devices. Any product containing or delivering nicotine or lobelia or any other substance intended or unintended for individual human consumption, or any component of such a product. Delivery devices include those products that can be used to deliver nicotine, lobelia or any other substance through inhalation of vapor. Delivery device does not include 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. (H) Retail Establishment. Any place of business where tobacco, tobacco products, tobacco-related devices, or delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. (I) Sale. Any transfer of goods for money, trade, barter or other consideration. (J) Self-Service Merchandising. Open displays of tobacco, tobacco products, tobacco-related devices, or delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or delivery devices, 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 product, tobacco-related device, or delivery device 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. (K) Smoking. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco, plant, natural or synthetic product or inhaling or exhaling vapor or any other byproduct of a 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. (L) Tobacco or Tobacco Products. Tobacco or tobacco products includes cigarettes and 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; 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, clipping, 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. (M) Tobacco-Related Devices. Tobacco-related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, 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. (N) Vending Machine. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices or delivery device upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. 706.030 License. (A) License Required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or delivery device without first having obtained a license to do so from the city. (B) Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or delivery devices 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. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. (C) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision. (D) Term. All licenses issued under this section shall be valid for the calendar year during which it is approved. (E) Revocation or Suspension. Any license issued under this section may be revoked or suspended as provided in Section 706.130. (F) Transfers. All licenses issued under this section 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 without the prior approval of the City Council. (G) 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 section. (H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (I) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (J) Issuance as privilege and not a right. The issuance of a license issued under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (K) Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any retail establishment or any licensed retail tobacco shop. Smoking for the purposes of sampling tobacco, tobacco related products, delivery devices or any other product is prohibited. 706.040 Fees. No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a license under this chapter shall be established in the City Code Exhibit B, as it may be amended from time to time. 706.050 Basis for Denial of License. (A) Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: (1) The applicant is under the age of 18 years. (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 products, tobacco-related devices, or delivery devices. (3) The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or delivery devices revoked 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 a license. (B) However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license; (C) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 706.060 Prohibited Sales. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product, tobaccorelated device, or delivery device: (A) To any person under the age of 18 years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or delivery device between the licensee, or the licensee’s employee, and the customer. (D) By means of loosies as defined in Section 706.020(D). (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (F) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. 706.070 Self-Service Sales. It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, tobacco-related devices, or delivery devices by any means whereby the customer may have access to those items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. This section shall not apply to retail stores which derive at least 90 percent of their revenue from tobacco, tobacco products, tobacco-related products and delivery devices and where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter, at any time. 706.080 Responsibility. All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobaccorelated devices, or delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this chapter, state or federal law, or other applicable law or regulation. 706.090 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the Ramsey County Sheriff’s Office or other authorized city official during regular business hours. From time to time, but at least once per year, the city, or its designated law enforcement agency, 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 products, tobacco-related devices, or delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or delivery devices when those items are obtained as 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. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. 706.100 Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this chapter: (A) Illegal Sales. It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or delivery device to any minor. (B) Illegal Possession. It shall be a violation of this chapter for any minor to have in her or her possession any tobacco, tobacco product, tobaccorelated device, or delivery device. This shall not apply to minors lawfully involved in a compliance check. (C) Illegal Use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or delivery device. (D) Illegal Procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or delivery device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or delivery device. This shall not apply to minors lawfully involved in a compliance check. (E) Use of False Identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 706.110 Exceptions and Defenses. Nothing in this chapter shall prevent the providing of tobacco, tobacco products, tobaccorelated devices, or delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. 706.120 Severability. If any section or provision of this ordinance is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. 706.130 Administrative Fine, Suspension or Revocation. Any violation of the City's regulations relating to the issuance of a Tobacco Products License or of any conditions/restrictions attached to the issuance of such license shall be cause for the imposition of an administrative fine, the suspension of the license or the revocation of the license pursuant to the procedures described in Shoreview Code Section 701.060. If the violation relates to the sale of tobacco, tobacco products or delivery devices to minors by licensee or licensee's employees, the following administrative fines, suspensions or revocations shall be imposed: (A) The first such violation within 24 months shall subject the licensee to the payment of an administrative fine of $250 plus an additional compliance check; (B) The second violation within 24 months shall subject licensee to the payment of an administrative fine of $500 plus an additional compliance check; (C) The third violation within 24 months shall subject the licensee to the payment of an administrative fine of $1,000 and to a minimum seven (7) business day suspension of the license; (D) The fourth violation within 24 months shall subject the licensee to the payment of an administrative fine of $1,500 fine and to a minimum fifteen (15) business day suspension of the license; (E) The fifth violation within 24 months shall subject the licensee to the payment of an administrative fine of $2,000 and to a minimum of thirty (30) business day suspension of the license. (F) The sixth violation within 24 months shall be cause for revocation of the license for up to one year. The imposition of an administrative fine and a suspension of license or to a license revocation pursuant to this section shall be preceded by a hearing before the City Council. 706.140 Administrative Fine – Individuals. An individual who sells tobacco, tobacco products or delivery devices to a person under the age of 18 years of age will be charged an administrative penalty. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Council. A decision that a violation has occurred must be in writing. The following administrative fines shall be imposed: (A) First Violation within 24 months- $50.00 (B) Second Violation within 24 months- $100.00 (C) Third Violation within 24 months - $150.00 (D) Fourth Violation within 24 months - $200.00 (E) Fifth Violation within 24 months - $250.00 Failure to pay this penalty by an individual who sells tobacco to a person under the age of 18 years of age will result in a misdemeanor violation for the first offense. Additional offenses within five years of a previous conviction will result in a gross misdemeanor. 706.150 Administrative Penalties Procedures. The following procedure should generally be followed for Council review of tobacco license violations that are subject to the administrative penalties established in 706.130 and 706.140: (A) The City Manager or designee will contact the licensee/seller asking if the licensee/seller will sign an admission of the facts of the alleged violation and an acceptance of the administrative penalty listed in Section 706.130 and 706.140. Licensees/sellers have the right to request a hearing before the City Council if not in agreement with the violation or the administrative penalty. The City Manager may also schedule a hearing before the Council if he/she believes there is a valid reason to deviate from the administrative penalty. (B) If a hearing is requested, it will be conducted in accordance with the Administrative Procedure Act, Minn. Stat. 14.57 to 14.70. The Council will issue written findings on the alleged violation and an order imposing sanctions, if any. (C) If the licensee/seller and the City Manager agree on the violation and the administrative penalty, a written admission will be provided to the Council with a proposed order. For first and second violations, the matter will be scheduled as part of the consent agenda, and it is expected that the Council will generally issue the proposed order without discussion. Nevertheless, the Council may choose to schedule the matter for special Council review and action. The City must provide at least ten (10) days notice to the licensee/seller before this review is conducted. Any violations beyond the second violation must be scheduled for a hearing before the Council. Effective Date. This ordinance shall become effective the day following its publication in the City’s official newspaper. Sandra C. Martin, Mayor (Bulletin: Mar. 26, 2014)


 

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