HomeMy WebLinkAboutItem 06.gSeptember 15, 2010
Item No.
ORDINANCE AMENDING TITLE 3, CHAPTER 6 OF THE
LAKEVILLE CITY CODE CONCERNING THE USE OF TOBACCO PRODUCTS
Proposed Action
Staff recommends adoption of the following motion: Adopt ordinance amending Title 3
Chapter 6 of the Lakeville City Code concerning the use of tobacco products.
Overview
The state legislature adopted the Tobacco Modernization and Compliance Act of 2010,
which expands the definition of what is regulated as tobacco. The new law became
effective on August 1.
This definition encompasses new products on the market, such as tobacco -laced mints
and "e- cigarettes ". The new law also criminalizes sale of these tobacco - related
products to minors.
The City Attorney has prepared an ordinance amendment incorporating the state law
change, along with a related correction.
Primary Issues to Consider
Can the City choose to not regulate tobacco products as defined by State Statute?
Because Lakeville currently has an ordinance regulating the use of tobacco products,
and the City cannot be less restrictive than State law, the City must amend its ordinance
to mirror the new law's definitions.
Supporting Information
➢ Redlined ordinance showing the proposed changes
➢ League of Minnesota Cities Article published August 18, 2010
Charlene Friedges, C j Clerk
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 6
OF THE LAKEVILLE CITY CODE CONCERNING
THE USE OF TOBACCO PRODUCTS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3 -6 -2 of the Lakeville City Code is amended by amending
the following definition:
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TOBACCO,PRODUCTS: Any products 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, including but not
limited to, cigarettes, cigars' little cigars; cheroots; stogies; periques; granulated
plug cut crimp cut ready rubbed and other smoking tobacco; snuff: snuff flour
cavendish; plug and twist tobacco; fine -cut and other chewing tobacco shorts
refuse scraps clippings. cuttings and sweeoinas of tobacco and other kinds and
forms of tobacco prepared in such manner as to be suitable for chewing or
smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco
products 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,
SECTION 2. Section 3- 6 -7(C) of the Lakeville City Code is amended to provide:
C. Administrative Civil Penalties; Individuals: Any individuaiwho sells or
provides any tobacco product or tobacco related devices to a person under
the age of eighteen (18) years is subject to an administrative civil penalty of
one hundred dollars ($100.00). Upon the occurrence of a suspected
violation the police department shall inform the city administrator of the
suspected violation. The city administrator or designee shall then send to
the individual a written notice of the civil violation. The notice shall advise
the license holder of the civil penalty and the license holder's right to
request a hearing regarding the violation of this chapter.
l Deleted: RELATED
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Deleted: Cigarettes, cigars,
cheroots, stogies, perique,
granulated, plug cut crimpt cut, ready,
rugged and other smoking tobacco;
snuff, snuff flowed, Cavendish,
clippings, cuttings, and sweepings of
tobacco; and other kinds and forms of
tobacco, prepared in such a manner
as to be suitable for chewing, sniffing,
or smoking in a pipe; rolling paper or
other tobacco- related devices.
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Deleted; person
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SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this day of
of the City of Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
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CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
2010, by the City Council
Focus on New Laws: Tobacco and Liquor Licensing Changes Page 1 of 3
LEA I N N 7:SCYrA
Crri E
Focus on New Laws: Tobacco
and Liquor Licensing Changes
The Tobacco Modernization and Compliance Act of 2010 expands the definition of what is
regulated as tobacco.
(Published Aug 18, 2010)
The main feature of the Tobacco Modernization and Compliance Act of 2010 (Chapter 255 (Link to:
https:/ /www.revisor.rnn.gov/laws /.`?id= 255 &doctype= Chaprer &year =2010 &type =0)) is to expand the definition of what is
regulated as tobacco in the state of Minnesota. "Tobacco products" were formally defined in Minnesota
Statutes, section 297F.01, subdivision 19 (Lint( to: hops: / /www.rovisor.nzn.gov /statutes / ?id =297F.01) as:
"Cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine -cut and other chewing
tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms
of tobacco."
The definition is now expanded to also include:
"Any products 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"
New products covered
This definition encompasses new products on the market, such as tobacco - laced mints and "e-
cigarettes." The e- cigarettes are typically a plastic container (that looks Like a cigarette and may even
have a red - lighted end) that delivers nicotine through a mist. The e- cigarettes are smokeless. The new
law also criminalizes sale of these tobacco- related products to minors.
Because of the expanded definition, cities may now regulate these new forms of tobacco the exact same
way they have always regulated traditional cigarettes, cigars, snuff, and chew. Cities with ordinances
regulating tobacco should discuss updating their ordinance terms and definitions with their city attorney
to mirror the new law's definitions.
It is important to note that not all cities regulate tobacco sales. And the new law does not require cities to
begin regulation of any type of tobacco product if they have opted not to.
Cities may choose to regulate tobacco. In contrast, the county must license all retailers that sell tobacco
products, unless a city adopts its own tobacco ordinance. A city wishing to adopt a tobacco ordinance
must give general notice of the intent to adopt or amend a tobacco ordinance, and must give retailers a
30 -day written notice of the time, place, and subject matter of the meeting where the proposed ordinance
or amendments are to be considered.
A tobacco ordinance, whether adopted by the county or the city, must, at a minimum:
• Establish an administrative bearing system where an alleged violator has the right to be heard before
a designated hearing officer or panel (which could be the city council) and where a fine, instead of a
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Focus on New Laws: Tobacco and Liquor Licensing Changes Page 2 of 3
criminal penalty, could be imposed for violating the ordinance. State law establishes a schedule of
minimum fines.
• Provide for and conduct at least one, unannounced compliance check each year.
• Prohibit self - service (vending machine) sales of individual cigarette packages, except in
establishments that prohibit minors, and in establishments that derive at least 90 percent of their
revenue from the sale of tobacco.
The ordinance may establish a licensing fee sufficient to cover the costs of enforcing the above
provisions. These provisions on licensing are not new —these old provisions have simply been made
applicable to a wider range of tobacco products and devices. The Tobacco Modernization and
Compliance Act of 2010 became effective on Aug. 1.
Liquor - related changes
On the liquor front, the two changes cities should be most concerned with deal with insurance and wine
tastings in exclusive liquor stores.
Minnesota Statutes, section 340A.409, subdivision 1 (Link h ups:/ /www. revisor .mn.gov /staares/id =34QA.4o9) was
amended related to insurance requirements for licensees. All licensees must provide a certificate of
insurance providing for (the new language is in bold):
"at least $50,000 of coverage because of bodily injury to any one person in any one occurrence,
$100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of
injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support
of any one person in any one occurrence, $100,000 for loss of means of support of two or more persons
in any one occurrence, $50,000 for other pecuniary loss of any one person in any one occurrence,
and $100,000 for other pecuniary loss of two or more persons in any one occurrence."
This change may require a revision to city ordinances, if the city licensing ordinance specified required
insurance amounts. Cities can via local ordinance continue to require greater amounts of insurance
coverage. However, they cannot require less than the new state minimums.
Minnesota Statutes, section 340A.419 (Link to: htips://www.revisor.mn.gmistatutes/?id=340A.419) was amended related to
wine tastings conducted by "exclusive liquor stores." These stores may now also conduct tastings of
malt liquor and spirits, in addition to traditional wine tastings.
It is important to note that the Legislature did not amend the statute for wine tastings conducted by
charitable, religious, or other nonprofit organizations as fundraisers. These wine tastings are governed
by a separate statute — Minnesota Statutes, section 340A.418 (Link to: https:/ /www. revisor. nvn.gov /statutes/?id= 340A.4J8) .
This statute was not modified. As a result, these groups may continue to conduct wine tastings, but may
not offer tastings of spirits and malt liquor.
Read the current issue of the Cities Bulletin (Link lo http : : / /www.hnc.org/ page /J/ cities- buiietin- newsietter,jsp)
Your LMC Resource
Contact Rachel Carlson
Research Attorney
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