HomeMy WebLinkAbout20100315 - VII-1 & VIII-C-1
To: Mayor Hicks & City Councilmembers
From: Melanie Mesko Lee, Assistant City Administrator
Re: Ordinance Amendments Related to Self-Serve Tobacco
Date: March 10, 2010
Council Action Requested
:
Hold the public hearing and approve the second reading for an ordinance amendment relating to
self-serve tobacco.
Background Information
:
The Administrative Committee of the Council (Hollenbeck [chair], Nelson, Schultz) has met
recently (January 27 and February 18) to consider a request to amend the current tobacco code to
permit self serve tobacco under limited circumstances.
Current code states:
Chapter 112.02. Definitions & Interpretations
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, or
tobacco related devices in any manner where any person shall have access to the tobacco,
tobacco products, or tobacco related devices, without the assistance or intervention of the
licensee or the licensee’s employees. The assistance or intervention shall involve the
actual physical exchange of the tobacco, tobacco products, or tobacco related device
between the customer and the licensee or employee. Self-service merchandising shall not
include vending machines, nor any case or storage unit secured and inaccessible to the
general public.
This item was brought forward at the request of an applicant who owns tobacco stores in other
cities and is interested in opening a tobacco store in Hastings. Current code prohibits self-serve
of any tobacco or tobacco related products/devices. The applicant and his attorney were present
to discuss their request at the January 27 meeting. He stated that his practice is to limit access to
his stores by posting as “under 18 not permitted” and carding patrons who appear to be under the
age of 27.
There was discussion by the Committee about access to minors, what items would be sold, what
items would be available for self-serve (examples include “roll your own” supplies, pipe tobacco,
little cigars, humidors) vs. which items would be behind glass/counters (examples include
cigarettes, chewing tobacco), and not allowing sale of drug paraphernalia.
Upon closer review by the committee, should the Council support amending the current tobacco
code to permit self serve tobacco under limited circumstances, the following language would be
recommended by the Administrative Committee,:
§ 112.06 PROHIBITED SALES.
It shall be a violation of this chapter for any person to sell, offer for sale, give away,
furnish, or otherwise deliver any tobacco, tobacco products, or tobacco related devices:
(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, or tobacco related device and whereby
there is not a physical exchange of the tobacco, tobacco product, or tobacco
related device between the licensee or the licensee’s employee unless 90% of the
licensee’s total annual sales volume consists of tobacco, tobacco products, or
tobacco related devices.
§ 112.08 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco
products, or tobacco related devices by any means whereby the customer may have
access to the 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 products,
or tobacco related device between the licensee or his or her clerk and the customer. All
tobacco, tobacco products, and tobacco related 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. Any retailer selling, tobacco, tobacco
products, or tobacco related devices at the time this chapter is adopted shall comply with
this section within 60 days following the effective date of this chapter. This section shall
not apply to any licensee whose total annual sales volume of tobacco, tobacco product, or
tobacco related devices is 90% or more.
If you have any questions, please let me know.
CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2010- , THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING CHAPTER 112: TOBACCO REGULATIONS
OF THE HASTINGS CITY CODE PERTAINING TO SELF SERVE TOBACCO
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
Chapter 112: Tobacco Regulations of the Hastings City Code is hereby amended as follows:
CHAPTER 112: TOBACCO REGULATIONS
§ 112.06 PROHIBITED SALES.
It shall be a violation of this chapter for any person to sell, offer for sale, give away, furnish, or
otherwise deliver any tobacco, tobacco products, or tobacco related devices:
(A) To any person under the age of 18 years;
(B) By means of any type of vending machine, except as may otherwise be provided in this
chapter;
(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, or tobacco related device and whereby there is not a physical exchange
of the tobacco, tobacco product, or tobacco related device between the licensee or the
licensee’s employee unless 90% of the licensee’s total annual sales volume consists of
tobacco, tobacco products, or tobacco related devices.
(D) By means of loosies as defined in § 112.02;
(E) Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, marijuana,
or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and
substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process; or
(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.
§ 112.08 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco
products, or tobacco related devices by any means whereby the customer may have access to the
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 products, or tobacco related
device between the licensee or his or her clerk and the customer. All tobacco, tobacco products,
and tobacco related 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. Any retailer selling, tobacco, tobacco products, or tobacco related devices at the
time this chapter is adopted shall comply with this section within 60 days following the effective
date of this chapter. This section shall not apply to any licensee whose total annual sales volume
of tobacco, tobacco product, or tobacco related devices is 90% or more.
Section 34.04 Effective Date.
This ordinance shall be effective seven (7) days after publication.
Moved by Councilmember , seconded by Councilmember to adopt the
ordinance as presented.
Adopted by the Hastings City Council on this day of , 2010, by the following
vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
_______________________
Paul J. Hicks, Mayor
ATTEST:
_________________________
Melanie Mesko Lee, City Clerk
I hereby certify that the above is a true and correct copy of the Ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the day of
, 2010, as disclosed by the records of the City of Hastings on file and of record in the
office.
____________________________
Melanie Mesko Lee,
City Clerk