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HomeMy WebLinkAbout20200106 - CC Workshop Packet City Council Memorandum Mayor and City Councilmembers To: From: Bryan D. Schafer, Chief of Police Date: January 6, 2020 Item: Tobacco 21 Workshop Council Action Requested: Discuss the adoption of the new Federal Law on Tobacco 21, the proposed amended City Ordinance on Tobacco, and consider modification of penalties associated with use and possession of tobacco products by those under the age of 21. Background Information: In late 2018, the City Council charged the Public Safety Advisory Commission (PSAC) with researching the viability of enacting a Tobacco 21 Ordinance in the City of Hastings. As a result, the Commission unanimously recommended the City adopt an Ordinance prohibiting retailers and any other person(s) from selling tobacco products, including eCigarettes (vaping products) to anyone under the age of 21. Council accepted the recommendation and forwarded the matter to the Public Safety Committee for further review. The Committee held two meetings to gain insight on the impact of adoption of Tobacco 21. At the conclusion of their November 25, 2019 meeting, the Committee moved to hold a council workshop in order to bring key points foreword for discussion. In a surprise move by the Federal Government, President Trump signed a $1.4 trillion spending bill on December 21, 2019 that raises the federal legal age for purchasing tobacco from 18 to 21. The FDA has 180 days to update their regulations and another 90 days before it take affect. For all practical purposes, it would become enforceable by the summer of 2020. City Attorney Fluegel indicates there has been no formal opinions or language put out by the FDA, PHLC, or LMCIT on the subject so there will be a period of time before our proposed amended ordinance can be aligned with Federal Law in preparation for a first reading. While this change seems to address a desire to adopt Tobacco 21, some additional considerations have been presented by representatives of MN Tobacco Free Alliance and PSAC. These are most likely the central focus of the Workshop. Discussion Focus Points: sale At first glance, the new Federal Law only speaks to the of tobacco products to individuals under the not age of 21, possession or use. There was much discussion in Committee about this and other points below, particularly as it pertains to the 18-21 age group. Should the City also ban possession and use by those under 21 as well? • o If so, how does the City fairly apply the ordinance to those who can legally use and possess under the current ordinance (grandfather or grace period)? o How does the City enforce the ordinance for non-residents or transient population where their place of origin has a less restrictive law/ordinance regarding possession or use? Should the City adopt civil penalties (Petty Misdemeanor) versus criminal penalties • (Misdemeanor) for use and possession by someone under 21? o Currently, it is a misdemeanor crime which presents greater implications ?? ????? future, including the military. o Experts argue that State and local efforts are still necessary to remove ineffective penalties on youth for possession, use and purchase and ensure strong implementation, compliance, and enforcement of Tobacco 21. NOTE: o Civil penalties associated with retailer violations and repeat retail offenses would remain as is. Should there be more underage compliance checks under the new law? • o Currently, State Law requires at least one compliance check annually. o The proposed amended ordinance suggests two. Attachments: DRAFT Tobacco 21 Ordinance Amendment Hastings Talking Points Purchase, Use and Possession (PUP) Talking Points October 3, 2019 Public Safety Committee Meeting Minutes November 25, 2019 Public Safety Committee Meeting Minutes CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2019-___, THIRD SERIES An Ordinance of the City of Hastings Amending City Code Chapter 112: Tobacco Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 112 IS HEREBY DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: CHAPTER 112: TOBACCO REGULATIONS 112.01 Purpose and Intent. 112.02 Definitions. 112.03 License. 112.04 Fees. 112.05 Basis for Denial of License. 112.06 Prohibited Acts. 112.07 Responsibility. 112.08 Compliance Checks and Inspections. 112.09 Other Prohibited Acts. 112.10 Exceptions and Defenses. 112.11 Violations and Penalties. 112.12 Severability. 112.13 Effective Date. § 112.01 PURPOSE AND INTENT. Because the city recognizes that the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 18 violates both state and federal laws; and because studies, which the city accepts and adopts, have shown that youth use of any commercial tobacco product has increased to 26.4% in Minnesota; and because nearly 90% of smokers begin smoking before they have reached the age of 18 years, and that almost no one starts smoking after age 25; and because marketing analysis, public health research, and commercial tobacco industry documents reveal that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the presence of such flavors can make it more difficult to quit; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial burden on all levels of government, this ordinance is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke, as stated in Minn. Stat. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of: the U.S. Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The Health Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use Among Youth and Young Adults (2012); the Centers for Disease Control and Prevention in their studies, Tobacco Use Among Middle and High School Students — United States, 2011–2015 (2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997 (1998); and of the following scholars in these scientific journals: Chen, J., & Millar, W. J. (1998). Age of smoking initiation: implications for quitting. Health Reports, 9(4), 39-46; D’Avanzo, B., La Vecchia, C., & Negri, E. (1994). Age at starting smoking and number of cigarettes smoked. Annals of Epidemiology, 4(6), 455–459; Everett, S. A., Warren, C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett, L. S. (1999). Initiation of cigarette smoking and subsequent smoking behavior among U.S. high school students. Preventive Medicine, 29(5), 327–333; Giovino, G. A. (2002). Epidemiology of tobacco use in the United States. Oncogene, 21(48), 7326–7340; Khuder, S. A., Dayal, H. H., & Mutgi, A. B. (1999). Age at smoking onset and its effect on smoking cessation. Addictive Behaviors, 24(5), 673–677; Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A., Henriksen, L. (2017). Tobacco Town: Computational Modeling of Policy December 2018 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 6 Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740–746; Minnesota Department of Health. (2018). Data Highlights from the 2017 Minnesota Youth Tobacco Survey. Saint Paul, MN; Tobacco Control Legal Consortium. (2006). The Verdict Is In: Findings from United States v. Phillip Morris, The Hazards of Smoking. University of California — San Francisco. Truth Tobacco Industry Documents, https://www.industrydocumentslibrary.ucsf.edu/tobacco/; Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T. F. (2015) Annual healthcare spending attributable to cigarette smoking: an update. American Journal of Preventive Medicine, 48(3), 326–333, copies of which are adopted by reference. § 112.02 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms are given their commonly accepted definitions. For the purpose of this ordinance, the following definitions apply unless the context clearly indicates or requires a different meaning: CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3, as may be amended from time to time. COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this COMPLIANCE CHECKS ordinance. involve the use of persons under the age of 21 who COMPLIANCE CHECKS purchase or attempt to purchase licensed products. may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption ELECTRONIC DELIVERY through the inhalation of aerosol or vapor from the product. DEVICE includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component part of a product, whether or not ELECTRONIC DELIVERY DEVICE marketed or sold separately. does not include any product that has been approved or certified by the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. IMITATION TOBACCO PRODUCT. Any edible non-tobacco product designed to resemble a tobacco product, or any non-edible tobacco product designed to resemble a tobacco IMITATION TOBACCO PRODUCT product and intended to be used by children as a toy. includes, but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco IMITATION TOBACCO PRODUCT snuff tins. does not include electronic delivery devices or nicotine or lobelia delivery products. 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. A standard window screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall. LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco- related device, electronic delivery device, or nicotine or lobelia delivery product. LOOSIES. The common term used to refer to single or individually packaged cigars or cigarettes, or any other licensed product that has been removed from its intended retail packaging LOOSIES and offered for sale. does not include individual cigars with a retail price, after any \[ $4.00 \] discounts are applied and before any sales taxes are imposed, of at least per cigar. MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk, 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. NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, NICOTINE OR that is not a tobacco or an electronic delivery device as defined in this section. LOBELIA DELIVERY PRODUCT does not include any product that has been approved or otherwise certified for legal sale by the U.S. Food and Drug Administration as a tobacco- cessation product, a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. PHARMACY. A place of business at which prescription drugs are prepared, compounded, or dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy services are delivered. RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. The phrase includes but is not limited to grocery stores, tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants. SALE. Any transfer of goods for money, trade, barter or other consideration. SELF-SERVICE DISPLAY. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee. SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. TOBACCO. 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 including but not limited to cigarettes; 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, clippings, cuttings and TOBACCO sweepings of tobacco; and other kinds and forms of tobacco. does not include any product that has been approved by the U.S. 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. TOBACCO-RELATED DEVICE. Any rolling papers, wraps, pipes, or other device TOBACCO-RELATED intentionally designed or intended to be used with tobacco products. DEVICE includes components of tobacco-related devices or tobacco products, which may be TOBACCO-RELATED DEVICES marketed or sold separately. may or may not contain tobacco. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product. YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age YOUTH-ORIENTEDFACILITY of 21. includes, but is not limited to, schools, playgrounds, recreation centers, and parks. § 112.03 LICENSE. (A) License required. No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the city. (B) Application. An application for a license to sell licensed products must be made on a form provided by the city. The application must 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 will forward the application to the City Council for action at a regularly scheduled meeting. If the City Clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete. (C) Action. The City Council may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If the City Council approves the application, the City Clerk will issue the license to the applicant. If the City Council denies the application, notice of the denial will be given to the applicant along with notice of the applicant’s right to appeal the decision. (D) Term. All tobacco licenses shall be for a period of one (1) year and shall expire on June 30 of each year, regardless of when the license was originally issued. Thereafter, all licenses eligible for renewal will be renewed for one (1) year. All tobacco licensees, despite when the license is issued, will be subject to an annual compliance check. (E) Revocation or suspension. Any license issued may be suspended or revoked following the procedures set forth this chapter. (F) Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. (G) Moveable place of business. No license will be issued to a moveable place of business. Only fixed-location businesses are eligible to be licensed. (H) Display. All licenses must be posted and displayed at all times in plain view of the general public on the licensed premises. (I) Renewals. The renewal of a license issued under this ordinance will be handled in the same manner as the original application. The request for a renewal must 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 is a privilege and does not entitle the license holder to an automatic renewal of the license. (K) Minimum clerk age. Individuals employed by a licensed retail establishment under \[ 18 or 21 \] this ordinance must be at least years of age to sell licensed products. (L) Maximum number of licenses. The maximum number of licenses issued by the city at \[########## \] any time is limited to . When the maximum number of licenses has been issued, the city may place persons seeking licensure on a waiting list and allow them to apply on a first- come, first-served basis, as licenses are not renewed or are revoked. A new applicant who has purchased a business location holding a valid city license will be entitled to first priority, provided the new applicant meets all other application requirements in accordance with this ordinance. (M) Proximity to youth-oriented facilities. No license will be granted to any person for a \[ 1,000 \] retail establishment location that is within feet of a youth-oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth-oriented facility. This restriction does not apply to an existing license holder who has been licensed to sell licensed products in that same location for at least one year before the date this section was enacted into law. (N) Proximity to other licensed retailers. No license will be granted to any person for a \[ 2,000 \] retail establishment location that is within feet of any other existing licensed retail establishment, as measured by the shortest line from the property line of the space to be occupied by the applicant for a license to the nearest property line of the existing licensee. This restriction does not apply to an applicant who has been licensed to sell licensed products in the same location for at least one year before the date this section was enacted into law. (O) Pharmacies ineligible for licensure. No existing license will be eligible for renewal to any pharmacy, including any retail establishment that operates or contains an on-site pharmacy, and no pharmacy or any retail establishment that operates an on-site pharmacy will be granted a new license. (P) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this ordinance. (Q) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. (R) Instructional program. Licensees must ensure that all employees complete a training program on the legal requirements related to the sale of licensed products and the possible consequences of license violations. Any training program must be pre-approved by the city. Licensees must maintain documentation demonstrating their compliance and must provide this documentation to the city at the time of renewal, or whenever requested to do so during the license term. § 112.04 FEES. No license will be issued under this ordinance until the appropriate license fees are paid in full. The fee for a license under this chapter shall be set by ordinance. § 112.05 BASIS FOR DENIAL OF LICENSE. (A) Grounds for denying the issuance or renewal of a license include, but are not limited to, the following: (1) The applicant is under 21 years of age. (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 licensed products. (3) The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any of the information required on the licensing 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) Except as may otherwise be provided by law, the existence of any particular ground for denial does not compel the city to deny the license. (C) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this ordinance. The city will provide the license holder with notice of the revocation, along with information on the right to appeal. § 112.06 PROHIBITED ACTS. (A) In general. No person shall sell or offer to sell any licensed product: (1) By means of any type of vending machine. (2) By means of loosies as defined in this Chapter. (3) 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 products subject to this ordinance. (4) By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (B) Legal age. No person shall sell any licensed product to any person under the age of 21. (1) Age verification. Licensees must verify by means of government-issued photographic identification that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. (C) Self-service sales. No person shall allow the sale of licensed products by any self- service displays where the customer may have access to those items without having to request the item from the licensee or the licensee’s employee and where there is not a physical exchange of the licensed pr oduct from the licensee or the licensee’s employee to the customer. All licensed products must be stored behind the sales counter, in another 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 licensed products at the time this ordinance is adopted must comply with this section within 90 days of the effective date of this ordinance. (D) Flavored products. No person shall sell or offer for sale any flavored products. This prohibition does not apply to retail establishments that: (1) Prohibit persons under 21 from entering at all times; (2) Derive at least 90 percent of their gross revenues from the sale of licensed products; and (3) Meet all of the following building or structural criteria: (a) Shares no wall with, and has no part of their structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque, and without doors, windows, and pass-throughs to the other business or retailer; (b) Shares no walls with, and has no part of their structure directly adjoined to, another licensed tobacco retailer; and (c) Is accessible by the public only by an exterior door. Any retail establishment that sells flavored products must provide financial records documenting its annual sales, upon request by the city. (E) Cigars. No person shall sell or offer to sell any cigar that is not within its intended \[ five \] retail packaging containing a minimum of cigars and for a sales price, after any discounts \[ $12.50 \] are applied and before sales taxes are imposed, of less than per package. This provision does not prohibit the sale of a single cigar with a sales price, after any discounts are \[ $4.00 \] applied and before sales taxes are imposed, of at least . (F) Imitation tobacco products. No person shall sell, offer to sell, or otherwise distribute any imitation tobacco products within the city. (G) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. (H) Price promotion and coupon redemption. No person shall accept or redeem any coupon or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any licensed products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes. § 112.07 RESPONSIBILITY. All licensees are responsible for the actions of their employees in regard to the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee. Nothing in this section shall be construed as prohibiting the city from also subjecting the employee to any civil penalties that the city deems to be appropriate under this ordinance, state or federal law, or other applicable law or regulation. § 112.08 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the city will conduct compliance checks. In accordance with state law, compliance checks must involve minors over the age of 15, but under the age of 18, who, with the prior written consent of a parent or guardian, attempt to purchase licensed products under the direct supervision of a law enforcement officer or an employee of the licensing authority. § 112.09 OTHER PROHIBITED ACTS. Unless otherwise provided, the following acts are an administrative violation of this ordinance: (A) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years of age or older to purchase or otherwise obtain any licensed product on behalf of a person under the age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to coerce a person under the age of 21 to illegally purchase or attempt to purchase any licensed product. (B) Use of false identification. It is a violation of this ordinance for any person to use any form of false identification, whether the identification is that of another person or has been modified or tampered with to represent an age older than the actual age of the person using that identification. § 112.10 EXCEPTIONS AND DEFENSES. (A) Religious, Spiritual, or Cultural Ceremonies or Practices. Nothing in this ordinance prevents the provision of tobacco or tobacco-related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. (B) Reasonable Reliance. It is an affirmative defense to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. § 112.11 VIOLATIONS AND PENALTIES. (A) Violations. (1) Notice. A person violating this ordinance may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number. (2) Hearings. (a) Upon issuance of a citation, a person accused of violating this ordinance may request in writing a hearing on the matter. Hearing requests must be made within 10 business days of the issuance of the citation and delivered to the City Clerk. Failure to properly request a hearing within 10 business days of the issuance of the citation will terminate the person’s right to a hearing. (b) The City Clerk will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. (3) Hearing Officer. The hearing shall be held before the City Council and shall be open to the public. (4) Decision. A decision will be issued by the City Council within 10 business days of the hearing. If the City Council determines that a violation of this ordinance did occur, that decision, along with the City Council’s reasons for findin g a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the City Council finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the City Council is final, subject to an appeal as described in division (A)(6) of this section. (5) Costs. If the citation is upheld by the City Council, the city’s actual expenses in holding the hearing up to a maximum of $1,000 must be paid by the person requesting the hearing. (6) Appeals. Appeals of any decision made by the City Council must be filed in Dakota County district court within 10 business days of the date of the decision. (7) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (B) Administrative penalties. (1) Licensees. Any licensee found to have violated this ordinance, or whose \[ not less than $75 \] employee violated this ordinance, will be charged an administrative fine of \[ not less than $200 \] for a first violation; for a second offense at the same licensed premises \[ not less than $250 \] within a 24-month period; and for a third or subsequent offense at the same location within a 24-month period. Upon the third violation, the license will be suspended \[ not less than 7 \] for a period of not less than consecutive days. Upon a fourth violation, the license will be revoked. (2) Other individuals. Individuals, other than persons under the age of 21 regulated by division (B)(3) of this section, who are found to be in violation of this ordinance \[ $50 \] will be charged an administrative fine of . (3) Persons under the Age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to non- criminal, non-monetary civil penalties such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City Council will consult with court personnel, educators, parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and amended from time to time. (4) Statutory penalties. If the administrative penalty authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail. (C) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance by a person 21 years of age or older. § 112.12 SEVERABILITY. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. § 112.13 EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this __________ day of ______________, 2019, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Mary Fasbender, Mayor ATTEST: ___________________________________ Julie A. Flaten 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 _____________________, 2019, as disclosed by the records of the City of Hastings on file and of record in the office. City Clerk FOR INTERNAL USE: Responses to questions raised at the 11/25/19 Hastings Public Safety Committee Meeting re: Tobacco 21 Evaluation of previously enacted Tobacco 21 laws that have been effective in reducing youth tobacco use In 2005, Needham, Massachusetts was the first city in the U.S to raise the tobacco sales age to 21. An • evaluation study compared youth tobacco trends in Needham to surrounding communities that did not raise the sales age over five years (2006-2010). The results suggest that raising the minimum sales age to 21 for tobacco contributes to a greater decrease in youth smoking relative to communities that did ??? ???? ???? ?????????? T?? ????? ?????????? ?T???? ???????? ??????? ????? ?????????-level action to raise the tobacco sales a?? ?? ????i Based on preliminary data available from California, Oregon, New York City, and Chicago, raising the • tobacco sale age to 21 can be easily implemented and can help reduce youth access to and use of tobacco. o California (effective date June 2016) Early evaluation found that the law helped reduce tobacco sales to minors. ii In the short implementation period evaluated, retailer and young adult awareness of the law increased significantly. High awareness and support for, and retailer compliance with the law suggest these factors may have contributed to reducing illegal tobacco sales to youth under 18. o Oregon (effective date January 2018) Preliminary evaluation results from the first nine months of the law indicated a significant decrease in recent tobacco use initiation among both youth ages 13 to 17 and young adults ages 18 to 20.iii o New York City (effective date August 2014) New York City simultaneously implemented policies to raise the tobacco sale age to 21 and to reduce sources of cheap tobacco. While reductions in smoking cannot be attributed solely to the Tobacco 21 law, preliminary findings suggest that the law is contributing to reductions in youth tobacco use: Data from the Youth Risk Behavior Survey show that there was a 29 percent decline in current cigarette smoking among high school students between 2013 and 2015. There were also reductions in ever trying cigarettes (-18%) and smoking initiation in the past 12 months (-13%), over the same time period. o Chicago (effective July date 2016) Early evaluation suggests that Tobacco 21 was one factor that contributed to a drop in young adult smoking in that city. The Chicago Department of Public Health released a fact sheet noting a decrease in young adult tobacco use (18-20) following ?????????????? ?? ??? ?????? T?????? ?? ??????? U?? ?? ???? ??? ????? ????????? ???? ???? ??????? in 2015 to 9.7 percent in 2016.iv I? ??????? ??? ???? ??? ???????? ?? ??? ?????? ???? ??? ?????? ?? ?????? ?? ???? ???? ?? ??? ???????? Our society has always recognized that young people are vulnerable to impulsive and risky • behaviors, and we gradually increase access to potentially dangerous activities such as driving at 16 to alcohol use at 21. The Department of Defense (DoD) and each of the armed services has a stated goal of a tobacco- • free military by 2020.v The DoD spends more than $1.6 billion each year on tobacco-related medical care, increased hospitalization, and lost days of work.vi Tobacco takes a human, economic and environmental toll on our communities. 18-20-year-olds make up roughly 2-4% of tobacco sales but tobacco-related illnesses kill 6,300 • Minnesota each year and costs Minnesota more than $3 billion in excess health care costs and $4.3 billion in lost productivity.vii o The long term- interest in preventing tobacco-related disease in the community far outweighs any potential short-terms disruption to retail. 1 For more information, please contact Elyse Levine Less at Elyse@mntobaccofreealliance.org i Kessel Schneider S, Buka SL, Dash K, et al Community reductions in youth smoking after raising the minimum tobacco sales age to 21 Tobacco Control 2016;25:355-359. http://tobaccocontrol.bmj.com/content/25/3/355 ii Zhang X, Vuong TD, Andersen-R?????? E? ?? ?? E????????? ?? C??????????? ?T?????? ??? ??? T?????? C?????? P???????? O????? First: 13 February 2018. doi: 10.1136/tobaccocontrol-2017-054088 Evaluation of California's Tobacco 21 law iii O????? H????? A????????? ?O??????? T?????? ?? L??? I????? E??????????? M?? ????? https://www.oregon.gov/oha/PH/PREVENTIONWELLNESS/TOBACCOPREVENTION/Documents/Oregon-Tobacco-21-Impact- EvaluationReport.pdf. iv Healthy Chicago 2017 Youth Tobacco Use v DoD Tobacco Policy Memorandum 16-001 http://www.med.navy.mil.INCOMING-CARTER-Tobacco-Policy-Memo Institute of Medicine, Combating Tobacco in Military and Veteran Populations, 2009 vi vii Health Care Costs and Smoking in Minnesota: The Bottom Line ; http://clearwaymn.org/terrible-toll-costs-of-smoking-in- minnesota/ 2 Additional information about removing PUP penalties in a tobacco licensing ordinance 11/20/19 Purchase, use and possession (PUP) penalties have not been proven to reduce youth • tobacco use and they divert focus from addressing irresponsible retailers and the tobacco industry which has a long history of targeting youth. PUP laws unfairly punish and stigmatize youth, many of whom become addicted at a young age as a result of the tobacco industry's aggressive marketing. 53 MN cities have Tobacco 21 ordinances. Almost all cities that had PUP penalties, removed • them completely, following best practices suggested by the League of MN Cities and the PHLC model language. o The three Dakota County cities that raised the tobacco sales age to 21 removed all PUP penalties (Mendota Heights, West St. Paul, and Lilydale) Minnesota law currently penalizes PUP for people under 18 so the option to penalize youth • PUP offenders is still available under state law. Removing them is different from making the ordinance less restrictive than state law. There is clear consensus from national health organizations like the American Cancer • Society and the American Heart Association that Tobacco 21 policies should eliminate PUP penalties. These organizations as well as Minnesotans for a Smoke-Free Generation oppose Tobacco 21 policies that include PUP penalties. Licensing ordinances are meant to regulate the behavior of the licensees. Penalizing • consumers, especially young consumers, detracts from the focus of the code and possibly takes away resources for enforcement of the code on the licensees. Public Safety Committee Meeting Recap Tobacco 21 October 3, 2019 City Hall Community Room Members Present: Councilmembers Leifeld, Folch, and Braucks Staff Present: Interim City Administrator Julie Flaten Police Chief Bryan Schafer City Attorney Dan Fluegel School Resource Officer Ryan Kline Others Present : Mayor Fasbender Public Safety Advisory Commissioners: Steve Holmes, Dolores Pemble, Jesse Starkson, Bryon Ascheman, ISD Superintendent Tim Collins, High School Principal Mike Johnson MN Tobacco Free representative Elyse Less Chair Leifeld called the meeting to order at 7:30 a.m. Chief Schafer provided an overview of the history of the Tobacco 21 topic and the Public Safety C??????????? ??????????????? Elyse Less of MN Tobacco Free gave information on the MN 2019 student survey, E-cigarette and cigarette findings, definition of products and which have FDA approval. She also discussed policy considerations cities can consider around Tobacco 21, retail sales, flavored tobacco, and penalties. Statistics on tobacco, especially e-cigarette (vaping) were provided and discussed with input from the C????? S????? R??????? O?????? ??? ?????? ??????????????? The Public Safety Advisory Commission provided additional context for their recommendation. School administration discussed the student survey, which is done every three years, and usefulness of ????? ??? ???? ??????? ??? ??? ?????? ???????? ???????? ???? ???????? Attorney Fluegel discussed the draft model ordinance, additional restriction options, process for violations of retailers, and notification of current tobacco license holders to any proposed ordinance changes. City Council discussed communication to public on issues being discussed, LMC resources, multiple sides of the issue, impact to local businesses, restricting sale vs. possession, and defining overarching goal. They also discussed asking the Public Health Law Center to assist with drafting an ordinance. The Committee unanimously recommended (3-0) scheduling a second meeting to look at policy considerations and potential ordinance language. Meeting adjourned at 9:08 a.m. Public Safety Committee Meeting Recap Tobacco 21 November 25, 2019 City Hall Community Room Members Present: Councilmembers Leifeld, Braucks and Folch Staff Present: Police Chief Bryan Schafer Deputy City Clerk Erica Henderson Others Present : Public Safety Advisory Commissioners: Dolores Pemble and Bryon Ascheman MN Tobacco Free representative Elyse Less Gail Conzemius Gary Stevens Chair Leifeld called the meeting to order at 7:35 a.m. Less provided an update to the Committee about the current number of cities with Tobacco 21 ordinances and status of the bill in the Legislature. Chief Schafer explained how tobacco licensed businesses in the City handle tobacco sales to those under the age of 21. He also indicated that one tobacco business owner was against the ordinance. The Committee discussed the proposed ordinance, age restrictions and enforcement, possible additional compliance checks, the efficacy of similar laws in other cities and states, the misconception between smoking and vaping and the lack of public feedback. The Committee also recognized that the City of Hastings was proactive by considering a Tobacco 21 ordinance. Furthermore, by passing the proposed ordinance, this would demonstrate to the State Legislatures that underage smoking is a concern in the City. Gail Conzemius, Nininger Township resident, commented on her experience of working with 18 to 22 year olds and the positive impact the proposed ordinance may have on the community. Dolores Pemble, Public Safety Advisory Commissioner, noted the significance that this would have to State Legislatures if the proposed ordinance passed. Gary Stevens and Less discussed the age requirement. Stevens also remarked about the lack of penalty in the proposed ordinance. Folch motioned to accept the proposed ordinance and to discuss at an upcoming City Council workshop, seconded by Braucks. Ayes 3; Nays 0. Folch left at 8:25 a.m. Chief Schafer indicated that letters would be issued to all tobacco licensees in the City once the date and time of the workshop was established. Meeting adjourned at 8:30 a.m.