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HomeMy WebLinkAboutItem 06.gJune 19, 2015 Item No.________ ORDINANCE AMENDING TITLES 3 AND 4 OF THE CITY CODE CONCERNING TOBACCO AND E-CIGARETTES Proposed Action Staff recommends adoption of the following motion: Move to adopt ordinance amending Titles 3 and 4 of the City Code concerning tobacco and e-cigarettes and summary ordinance for publication. Overview As directed by the City Council at your June 15th meeting, the City Attorney has modified the ordinance to clarify the definitions of smoking lounge, vapor lounge, tobacco products shop and vapor products shop. In addition, the ordinance stipulates that the use of e-cigarettes and electronic delivery devices is prohibited in public places, at public meetings, in places of employment and in public transportation consistent with the Clean Indoor Air Act, which prohibits the use of tobacco products in these places. It clarifies that the use of e-cigarettes and electronic delivery devices is permitted in vapor products shops by an employee, customer or potential customer for the limited purpose of sampling a product, product instructions or testing an electronic delivery device. Primary Issues to Consider A red-lined document is included, which outlines the changes as directed by the City Council. The ordinance shall be effective immediately upon its passage and publication. Information will be published in Messages and posted on our website. Supporting Information Minnesota Department of Health—Electronic Cigarettes and the MN Clean Indoor Air Act Minnesota Department of Health—Freedom to Breathe General Information Charlene Friedges, City Clerk Financial Impact: $_____N/A_______Budgeted: Y/N ____ Source: __________________ Community Values: Safety Throughout the Community 1 182103v1 ORDINANCE NO. 944 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO AND E-CIGARETTES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-6-2 of the Lakeville City Code is amended by deleting the following definitions: BEST PRACTICES ESTABLISHMENT: A license holder who has entered a written agreement with the police department and can demonstrate compliance with the best practices program. BEST PRACTICES PROGRAM: The optional instructional and employee training program developed and administered by the police department. SECTION 2. Section 3-6-2 of the Lakeville City Code is amended by adding the following definitions: SMOKING LOUNGE: means a location licensed to sell tobacco products where:shop which allows customers to be seated. (a) Except for a bona fide sale of a smoking device, providing or otherwise making available for use by a customer, potential customer, or any other person a smoking device for the purpose of smoking any tobacco product; (b) Providing in exchange for a fee or any other consideration seating within or access to the indoor area of a tobacco products shop; or (c) Permitting within the indoor area the sampling of any tobacco product which was not furnished by the tobacco products shop on the date and at the time the sampling occurs. VAPOR LOUNGE: means a location that sells electronic delivery devices where: vapor products shop which allows customers to be seated. (a) Except for a bona fide sale of e-cigarettes, providing or otherwise making available for use by a customer, potential customer, or any other person a device for the purpose of using an e-cigarette product; 2 182103v1 (b) Providing in exchange for a fee or any other consideration seating within or access to the indoor area of a shop that sells e-cigarettes; or (c) Permitting within the indoor area of a shop that sells e-cigarettes the sampling of any e- cigarette product which was not furnished by the shop on the date and at the time the sampling occurs. TOBACCO PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of tobacco related products and in which the sale of other products is merely incidental. “Tobacco products shop” does not include a tobacco products department or section of any individual business establishment with any type of food, liquor, or restaurant license. VAPOR PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of electronic delivery devices, e-cigarettes and related products and in which the sale of other products is merely incidental. “Vapor products shop” does not include a vapor products department or section of any individual business establishment with any type of food, liquor, or restaurant license. SECTION 3. Section 3-6-3 A of the Lakeville City Code is amended to provide as follows: A. Application: An application for a license to sell tobacco, tobacco products, or tobacco related devices including electronic delivery devices and e-cigarettes shall be made on a form provided by the city. The application shall include, but is not limited to, requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, and the business location for which the license is sought. The completed application along with the investigation and application fees shall be submitted to the city administrator or designee for approval. If the city administrator or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies. SECTION 4. Section 3-6-3 I of the Lakeville City Code is amended to provide as follows: Denials: The issuance or renewal of a license under this section may be denied for cause including: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of a violation of any provisions of this chapter or a violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or related tobacco devices. 3. The applicant has been convicted within the past five (5) years of possession of narcotics or drug paraphernalia. 3 182103v1 4. The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding twelve (12) months of the date of application. 5. The applicant fails to provide any information required on the city license application, or provides false or misleading information. 6. The applicant or license holder has outstanding fines, penalties or property taxes owed to the city. SECTION 5. Sections 3-6-3H and 3-6-7 E of the Lakeville City Code are deleted. SECTION 6. Section 3-6-4 of the Lakeville City Code is amended to provide as follows: 3-6-4: LICENSE AND INVESTIGATION FEES: The license and investigation fees shall be determined by resolution of the city council, and shall be paid at the time of application. SECTION 7. Section 3-6-5 of the Lakeville City Code is amended to provide as follows: 3-6-5: PROHIBITED: A. Prohibited Sales: No person shall sell, offer for sale, give away, furnish, or otherwise deliver any tobacco, tobacco product, or tobacco related device including electronic delivery devices and e-cigarettes: 1. To any person under the age of eighteen (18) years. 2. By means of any type of vending machine. 3. By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder, their agents or employees. All tobacco products including electronic delivery devices and e-cigarettes shall be stored behind a counter or other area not freely accessible to customers. 4. By any other means, or to any other person, prohibited by federal, state, or other local law, ordinance provision, or other regulation. B. Exception: A license holder who operates an establishment that sells only tobacco 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, 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. 4 182103v1 C. Smoking lounges and vapor lounges are prohibited. SECTION 8. Section 3-6-7D 2 of the Lakeville City Code is amended to provide as follows: 2. Civil Penalties: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the state of Minnesota as follows: (1) First Violation: The first violation of this chapter shall be punishable by a civil penalty of three hundred dollars ($300.00). (2) Second Violation: A second violation of this chapter within any twenty four (24) month period shall be punishable by a civil penalty of five hundred dollars ($500.00) and a suspension of the license for three (3) consecutive days. (3) Third Violation: A third violation of this chapter within any twenty four (24) month period shall be punishable by a civil penalty of eight hundred dollars ($800.00) and a suspension of the license for five (5) consecutive days. (4) Subsequent Violation: A fourth or subsequent violation of this chapter within any thirty six (36) month period may be punishable by revocation of the license. If the license is not revoked, the punishment shall not be less than that provided under subsection D 2(3) of this section. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of two (2) license years after the revocation. 3. Criminal Prosecution: Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes section 609.685. SECTION 9. Title 4 of the Lakeville City Code is amended by adding Chapter 6 to read as follows: CLEAN INDOOR AIR ACT 4-6-1 The following terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ELECTRONIC DELIVERY DEVICE: means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a 5 182103v1 tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. INDOOR AREA: means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent (50%) 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. A 0.011 gauge window screen with an 18 by 16 mesh count is not a wall. PUBLIC PLACE: means any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; retail stores and other commercial establishments; educational facilities other than public schools, as defined in section 120A.05, subdivisions 9, 11, and 13; hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings. 4-6-12 Minnesota Statutes §§ 144.411 to 144.417 are incorporated by reference and are made a part of this Chapter as if set out in full. 4-6-23 The use of e-cigarettes and electronic delivery devices and allowing their use is are prohibited in all public places, at public meetings, in places of employment, and in public transportation. The use of e-cigarettes and electronic delivery devices is permitted, however, in vapor products shops by an employee, customer or potential customer for the limited purpose of sampling a product, product instructions, or testing an electronic delivery device. SECTION 10. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 15th 6th day of Julyne, 2015 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: ______________________________________ Matt Little, Mayor ATTEST: _____________________________________ Charlene Friedges, City Clerk 1 182103v1 ORDINANCE NO. 944 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO AND E-CIGARETTES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-6-2 of the Lakeville City Code is amended by deleting the following definitions: BEST PRACTICES ESTABLISHMENT: A license holder who has entered a written agreement with the police department and can demonstrate compliance with the best practices program. BEST PRACTICES PROGRAM: The optional instructional and employee training program developed and administered by the police department. SECTION 2. Section 3-6-2 of the Lakeville City Code is amended by adding the following definitions: SMOKING LOUNGE: means a tobacco products shop which allows customers to be seated. VAPOR LOUNGE: means a vapor products shop which allows customers to be seated. TOBACCO PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of tobacco related products and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco products department or section of any individual business establishment with any type of food, liquor, or restaurant license. VAPOR PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of electronic delivery devices, e-cigarettes and related products and in which the sale of other products is merely incidental. "Vapor products shop" does not include a vapor products department or section of any individual business establishment with any type of food, liquor, or restaurant license. SECTION 3. Section 3-6-3 A of the Lakeville City Code is amended to provide as follows: A. Application: An application for a license to sell tobacco, tobacco products, or tobacco related devices including electronic delivery devices and e-cigarettes shall be made on a form 2 182103v1 provided by the city. The application shall include, but is not limited to, requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, and the business location for which the license is sought. The completed application along with the investigation and application fees shall be submitted to the city administrator or designee for approval. If the city administrator or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies. SECTION 4. Section 3-6-3 I of the Lakeville City Code is amended to provide as follows: Denials: The issuance or renewal of a license under this section may be denied for cause including: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of a violation of any provisions of this chapter or a violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or related tobacco devices. 3. The applicant has been convicted within the past five (5) years of possession of narcotics or drug paraphernalia. 4. The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding twelve (12) months of the date of application. 5. The applicant fails to provide any information required on the city license application, or provides false or misleading information. 6. The applicant or license holder has outstanding fines, penalties or property taxes owed to the city. SECTION 5. Sections 3-6-3H and 3-6-7 E of the Lakeville City Code are deleted. SECTION 6. Section 3-6-4 of the Lakeville City Code is amended to provide as follows: 3-6-4: LICENSE AND INVESTIGATION FEES: The license and investigation fees shall be determined by resolution of the city council, and shall be paid at the time of application. SECTION 7. Section 3-6-5 of the Lakeville City Code is amended to provide as follows: 3-6-5: PROHIBITED: 3 182103v1 A. Prohibited Sales: No person shall sell, offer for sale, give away, furnish, or otherwise deliver any tobacco, tobacco product, or tobacco related device including electronic delivery devices and e-cigarettes: 1. To any person under the age of eighteen (18) years. 2. By means of any type of vending machine. 3. By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder, their agents or employees. All tobacco products including electronic delivery devices and e-cigarettes shall be stored behind a counter or other area not freely accessible to customers. 4. By any other means, or to any other person, prohibited by federal, state, or other local law, ordinance provision, or other regulation. B. Exception: A license holder who operates an establishment that sells only tobacco 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, 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. C. Smoking lounges and vapor lounges are prohibited. SECTION 8. Section 3-6-7D 2 of the Lakeville City Code is amended to provide as follows: 2. Civil Penalties: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the state of Minnesota as follows: (1) First Violation: The first violation of this chapter shall be punishable by a civil penalty of three hundred dollars ($300.00). (2) Second Violation: A second violation of this chapter within any twenty four (24) month period shall be punishable by a civil penalty of five hundred dollars ($500.00) and a suspension of the license for three (3) consecutive days. (3) Third Violation: A third violation of this chapter within any twenty four (24) month period shall be punishable by a civil penalty of eight hundred dollars ($800.00) and a suspension of the license for five (5) consecutive days. (4) Subsequent Violation: A fourth or subsequent violation of this chapter within any thirty six (36) month period may be punishable by revocation of the license. If the license is not revoked, the punishment shall not be less than that provided under subsection D 2(3) of this 4 182103v1 section. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of two (2) license years after the revocation. 3. Criminal Prosecution: Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes section 609.685. SECTION 9. Title 4 of the Lakeville City Code is amended by adding Chapter 6 to read as follows: CLEAN INDOOR AIR ACT 4-6-1 Minnesota Statutes §§ 144.411 to 144.417 are incorporated by reference and are made a part of this Chapter as if set out in full. 4-6-2 The use of e-cigarettes and electronic delivery devices and allowing their use is prohibited in public places, at public meetings, in places of employment, and in public transportation. The use of e-cigarettes and electronic delivery devices is permitted, however, in vapor products shops by an employee, customer or potential customer for the limited purpose of sampling a product, product instructions, or testing an electronic delivery device. SECTION 10. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 6th day of July, 2015 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: ______________________________________ Matt Little, Mayor ATTEST: _____________________________________ Charlene Friedges, City Clerk 182119v1 SUMMARY ORDINANCE NO. 944 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO AND E-CIGARETTES This ordinance amends Titles 3 and 4 of the City Code concerning tobacco and e- cigarettes. The ordinance prohibits smoking lounges and vapor lounges as those terms are defined in the ordinance and extends the Clean Indoor Air Act to the use of e-cigarettes. The ordinance eliminates the Best Practices Program for the sale of tobacco and amends the application requirements, the basis for denying a license, and the penalties for ordinance violations. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 6th day of July, 2015 CITY OF LAKEVILLE BY: ________________________________ Matt Little, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk