2014-1081 Amending Section 115 Toboacco OrdinanceCITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2014-1081
ORDINANCE AMENDING SECTION 1155 TOBACCO ORDINANCE
OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Hopkins City Code Section 1155 is amended by adding the following underlined
language and deleting the str-ilethrough language:
1155.04. Definitions. Subdivision 1. The following words and terms when used in this
section shall have the following meanings unless the context clearly indicates otherwise:
Subd. 2. Tobacco or Tobacco Products. "Tobacco or Tobacco Product" shall mean
cigarettes, cigars, e -cigarettes, liquid nicotine, cheroots, stogies, perique, granulated, plug cut,
crimp cut, ready, rubbed and other smoking tobacco; snuff, snuff flower, Cavendish, plug and
twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scripts, 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. This definition does not include any product that has been approved or certified 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 marketed and sold for such an
approved purpose.
Subd. 3. Tobacco Related Devices. "Tobacco Related Devices" shall mean cigarette
papers or pipes for smoking or other devices intentionally designed or intended to be used in a
manner which enables chewing sniffing smoking_ or vaping of tobacco or tobacco products
including. e=cigarettes and e -cigarette cartridges.
Subd. 4. Minor. "Minor" shall mean any natural person who has not yet reached the
age of eighteen (18) years.
Subd. 5. Retail Establishment. "Retail Establishment" shall mean any place of
business where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
Subd. 6. License Holder or Licensee. License Holder or Licensee" shall mean one (1)
or more natural persons; a partnership, limited liability company; corporation, including a
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1155.04. Definitions. Subdivision 1. The following words and terms when used in this
section shall have the following meanings unless the context clearly indicates otherwise:
Subd. 2. Tobacco or Tobacco Products. "Tobacco or Tobacco Product" shall mean
cigarettes, cigars, e -cigarettes, liquid nicotine, cheroots, stogies, perique, granulated, plug cut,
crimp cut, ready, rubbed and other smoking tobacco; snuff, snuff flower, Cavendish, plug and
twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scripts, 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. This definition does not include any product that has been approved or certified 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 marketed and sold for such an
approved purpose.
Subd. 3. Tobacco Related Devices. "Tobacco Related Devices" shall mean cigarette
papers or pipes for smoking or other devices intentionally designed or intended to be used in a
manner which enables chewing sniffing smoking_ or vaping of tobacco or tobacco products
including. e=cigarettes and e -cigarette cartridges.
Subd. 4. Minor. "Minor" shall mean any natural person who has not yet reached the
age of eighteen (18) years.
Subd. 5. Retail Establishment. "Retail Establishment" shall mean any place of
business where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
Subd. 6. License Holder or Licensee. License Holder or Licensee" shall mean one (1)
or more natural persons; a partnership, limited liability company; corporation, including a
foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the State; or any
other business organization.
Subd. 7. Self-service Merchandising. "Self-service merchandising" shall mean a
method of displaying tobacco, tobacco products, or tobacco related devices so that they are
accessible to the public without the intervention of the licensee, their agents or employees.
Subd. 8. Vending Machine. "Vending machine" shall mean any mechanical, electric or
electronic, self-service device which, upon insertion of money, tokens or any other form of
payment,
dispenses tobacco products and including vending machines equipped with manual, electric or
electronic locking devices.
Subd. 9. Moveable Place of Business. Moveable Place of Business" shall refer to any
form of business operated out of a motorized vehicle, mobile sales kiosk, trailer tfuek, van,
or other transportable shelter and not a fixed address store
front or other permanent type of structure authorized for sales transactions.
Subd. 10. Individually Packaged. "Individually packaged" shall mean 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 herein shall not be considered individually packaged.
Subd. 11. Sale. "Sale" shall mean any transfer of goods for money, trade, barter, or
other consideration.
Subd. 12. Compliance Checks. Compliance Checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related 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 or
tobacco related devices for educational, research and training purposes as authorized by State
and Federal laws. Other units of government for the purpose of enforcing appropriate Federal,
State, or local laws may also conduct compliance checks and regulations relating to tobacco,
tobacco products, and tobacco related devices.
Subd. 13. E -cigarettes. E -cigarettes are cigarette -shaped electronic delivery devices
that employ a heating element, power source, electronic circuit, or other electronic, chemical, or
mechanical means to produce a vapor from liquid nicotine to simulate the experience of smoking
tobacco through inhalation and exhalation of the produced vapor. This term shall include such
devices whether they are manufactured as e -cigarettes, a-cigs, a -cigars, arg s, e -pipes, personal
vaporizers, electronic delivery systems, or electronic delivery devices. E -cigarettes include any
component part of a product, whether or not marketed or sold separately.
Subd. 14. Liquid Nicotine. Any liquid product manufactured for use with e -cigarettes,
are�ttes_,
including eliquid and e -juice, which produces an aerosol when heated, composed either in
whole or in part of a mixture of ingredients, which may include pure nicotine, propylene glycol,
vegetable glycerin, and other flavorings.
Subd. 15. E -cigarette cartridges. A container which serves as a reservoir for Liquid
Nicotine for use in an a -cigarette. arg ette.
Subd. 16. Sampling. The distribution to members of the general public of tobacco
tobacco products, or tobacco related devices on-site at a licensed premises at no costs or at
nominal cost for product promotional puKposes.
Subd. 17. Vaping. Inhaling or exhaling the vapor produced by an a -cigarette.
Subd. 18. Tobacco Shop/Store. A retail establishment operated for the primaEy purpose
of merchandising and selling Tobacco Tobacco Products or Tobacco -Related Devices
Subd. 19. Vaping Establishment. A retail establishment operated for the primary
purpose of merchandising, selling sampling and vaping of E Ci arettes
1155.05. Tobacco Sales Licenses. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related device without first having obtained a license to do so from the city.
A license under this section does not permit sampling on the licensed premises
1155.0-76. Fees. No license shall be issued under this ordinance until the appropriate license
fee shall be paid in full. The fee for a license under this ordinance shall be set by city council
resolution.
1155.097. Prohibited Sales. Subdivision 1. Prohibited Sales. No person shall sell, offer to
sell, give away, furnish, or otherwise deliver any tobacco, tobacco product, or tobacco related
device:
a) To any person under the age of eighteen (18) years.
b) By any other means, or to any person, prohibited by Federal, State, or other local law,
ordinance provisions, or other regulation.
Subd. 2. Self-service Sales of Single Packages - Restricted.
a) No person shall offer for sale single packages of cigarettes or smokeless tobacco in
open displays, which are accessible to the public without the intervention of a store
employee.
b) Cartons and other multi -pack units may be offered and sold through open displays
accessible to the public.
c) On the effective date of Federal Regulations pertaining to self-service sales of tobacco
products (Code of Federal Regulations, title 21, part 897.16(c)), paragraph (b) above
expires, and is replaced by incorporation of the federal regulations into Hopkins City
Code.
d) This subdivision shall not apply to retail stores, which derive at least 90 percent of
their revenue from tobacco, and tobacco -related products and which cannot be entered
at any time by persons younger than 18 years of age.
e) Prior to offering for sale any single packages of tobacco products by self-service
merchandising, a licensee must file with the city clerk a statement from a certified
public accountant that shows both total gross sales and total sales from tobacco or
related products. Said statement must also be filed with the city clerk yearly on or
before the renewal date of the license.
Subd. 3. Vending Machine Sales. It shall be unlawful for anyone licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means
of a vending machine unless minors are at all times prohibited from entering the licensed
establishment.
TIMIMMMIM.,
1155.4-008. Smoking Prohibited. It shall be unlawful for any person to light, inhale, or
exhale tobacco, tobacco products, or tobacco related devices in any Retail Establishment, or for
any Tobacco License Holder or Licensee, or their employees, to permit the same. (Added by
Ord. 2011-1041). The vaping of e -cigarettes at a Retail Establishment and the sampling or
vaping of e -cigarettes at a licensed vaping establishment are exempt from prohibition under this
section.
1155.4.4-09. Responsibility. All licensees under this ordinance shall be responsible for
the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco
related devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder.
1155.10. Vaping Establishment Licenses No person shall operate a business for the
sampling and vaping of e -cigarettes without first having obtained a license from the city to do so
A vaping establishment license is required in addition to a Tobacco Sales license under Section
1155.05. One Vaping Establishment License may be granted a year. No Vaping Establishment
License will be issued to any business that allows persons under the age of eighteen (18,) to enter
the establishment. The City will not consider new Vaping Establishment License applications
until a license is available through either relinquishment nonrenewal or revocation
Subd. 1. Application. An application for a vaping establishment license shall be made
on a form provided by the city. The application shall contain 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 council for
action at its next regularly scheduled council meeting If the clerk shall determine that an
application is incomplete, the city clerk shall return the application to the applicant with notice of
the information necessary to make the application complete
Subd. 2. Denial. The following shall be grounds for denying the issuance or renewal of
a license under this Section. The following list is not exhaustive or exclusive:
a) The applicant is under the age of 18 years.
b) The applicant has been convicted within the past five years of a violation of any
provisions of this ordinance or a violation of Federal State or local law, ordinance
provision, or other regulation relating to tobacco tobacco products or tobacco related
devices.
c) The applicant or license holder has had a license to sell tobacco tobacco products or
tobacco related devises revoked within the preceding twelve (12) months of the date of
application.
1155.4-008. Smoking Prohibited. It shall be unlawful for any person to light, inhale, or
exhale tobacco, tobacco products, or tobacco related devices in any Retail Establishment, or for
any Tobacco License Holder or Licensee, or their employees, to permit the same. (Added by
Ord. 2011-1041). The vaping of e -cigarettes at a Retail Establishment and the sampling or
vaping of e -cigarettes at a licensed vaping establishment are exempt from prohibition under this
section.
1155.4.4-09. Responsibility. All licensees under this ordinance shall be responsible for
the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco
related devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder.
1155.10. Vaping Establishment Licenses No person shall operate a business for the
sampling and vaping of e -cigarettes without first having obtained a license from the city to do so
A vaping establishment license is required in addition to a Tobacco Sales license under Section
1155.05. One Vaping Establishment License may be granted a year. No Vaping Establishment
License will be issued to any business that allows persons under the age of eighteen (18,) to enter
the establishment. The City will not consider new Vaping Establishment License applications
until a license is available through either relinquishment nonrenewal or revocation
Subd. 1. Application. An application for a vaping establishment license shall be made
on a form provided by the city. The application shall contain 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 council for
action at its next regularly scheduled council meeting If the clerk shall determine that an
application is incomplete, the city clerk shall return the application to the applicant with notice of
the information necessary to make the application complete
Subd. 2. Denial. The following shall be grounds for denying the issuance or renewal of
a license under this Section. The following list is not exhaustive or exclusive:
a) The applicant is under the age of 18 years.
b) The applicant has been convicted within the past five years of a violation of any
provisions of this ordinance or a violation of Federal State or local law, ordinance
provision, or other regulation relating to tobacco tobacco products or tobacco related
devices.
c) The applicant or license holder has had a license to sell tobacco tobacco products or
tobacco related devises revoked within the preceding twelve (12) months of the date of
application.
d) The applicant fails to provide any information required on the city license application
or provides false or misleading information
e) The applicant or license holder has outstanding fines penalties or property taxes owed
to the city.
f) The applicant or license holder does not have a Tobacco Sales License under Section
1155.05.
Subd. 3. Action. The council may either approve or deny the license or it may delay
action for such reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the council shall approve the license the city
clerk shall issue the license to the applicant. If the council denies the license notice of denial
shall be given to the applicant along with notice of the applicant's right to appeal the council's
decision.
Subd. 4. Term. All licenses issued under this ordinance shall expire on June 30 of each
calendar year.
Subd. 5. Revocation or Suspension. Any license issued under this ordinance may be
revoked or suspended as provided in the Violations and Penalties of this ordinance
Subd. 6. Transfers. All licenses issued under this ordinance 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.
Subd. 7. 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 ordinance.
Subd. 8. Display. All licenses shall be posted and displayed in plain view of the
general on the licensed premises.
Subd. 9. Renewals. The renewal of a license issued under this section shall be handled
in the same manner as the original application. The request for renewal shall be made at least
thirty (30) days but no more than sixty (60) days before the expiration of the current license. The
issuance of a license issued under this ordinance shall be considered a privilege and not an
absolute rijzht of the licensee and shall not entitle the licensee to an automatic renewal of the
license. Upon the expiration of the license that is not renewed, the City may consider
applications for the license.
Subd. 10. Fees. No license shall be issued under this ordinance until the appropriate
license fee shall be paid in full. The fee for a license under this ordinance shall be set by city
council resolution.
Subd. 11. Prohibited Samplingor r Vaping. No licensee or employee thereof may
permit samplingand nd vapin of e -cigarettes at a vaping establishment to any person under the age
of eighteen (18) years.
Subd. 12. Responsibility. All licensees under this ordinance shall be responsible for
the actions of their employees in regard to the sampling and vaping of e -cigarettes on the
licensed premises, and the sale of such an item or permission to vape or sample such item by an
employee shall be considered a sale by the license holder.
1155.4-311. Compliance Checks and Inspections. All licensed premises Tobacco
Sales or Vaping Establishment) shall be open to inspection by the city police or other authorized
city official during regular business hours. At least once per calendar year, an unannounced
compliance check shall be conducted at each licensed retail establishment. 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.
Subd. 1. Use of Minor. The compliance check shall be conducted by engaging, with
written consent of their parents or guardians, minors over the age of fifteen (15) years but less
than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco
products, or tobacco related devices, or to sample or vape e -cigarettes.
arg ettes.
a) Minors used for the purpose of compliance checks shall be supervised by city
designated law enforcement officers or other designated city personnel.
b) Minors used for the purpose of compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products, or tobacco related devices when such items
are obtained as a part of the compliance check.
c) No minor used in compliance checks shall attempt to use a false identification
misrepresenting the minor's age. All minors lawfully engaged in a compliance check
shall answer all questions about the minor's age asked by the licensee, agent or
employee and shall produce identification, if in the minor's immediate possession, for
which the minor is asked. (Amended by Ord. 2010-1020)
Subd. 2. Failure of Compliance Check. If a retail establishment fails a compliance
check, a follow-up, unannounced compliance check shall be made within six (6) months or
before the end of the calendar year.
Subd. 3. Results of Compliance Checks. Results of the compliance checks shall be
reported to the City Council annually.
1155.512. Violations and Penalties. Unless otherwise provided, the following acts
shall be a violation of this ordinance.
Subd. 1. Illegal Sales. It shall be a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product, or tobacco related device to any minor.
Subd. 2. IllegalSampling/Vaping. It shall be a violation of this ordinance for any
person to allow the sampling or vaping of e -cigarettes by any minor at a licensed vaping
establishment.
Subd. -23. Illegal Possession. It shall be a violation of this ordinance for any minor
to have in possession any tobacco, tobacco product, or tobacco related device. This subdivision
shall not apply to minors lawfully involved in a compliance check.
Subd. -34. Illegal Use. It shall be a violation of this ordinance for any minor to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
Subd. 45. Illegal Procurement. It shall be a violation of this ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco
related device, and it shall be a violation of this ordinance for any person to purchase or
otherwise obtain such 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, or tobacco related device. This subdivision shall not apply to minors lawfully
involved in a compliance check.
Subd. -56. Use of False Identification. It shall be a violation of this ordinance 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.
Subd. 7. Violation of State or Federal Laws and Regulations. A violation of state or
federal law or regulations related to tobacco, tobacco products, or tobacco -related devices
(including, but not limited to, Minn. Stat. §§ 144.411 to 144.417, Minn. Stat. Ch. 461, Minn.
Stat. H 609.685-609.6855) shall constitute a violation of this ordinance.
1155.13. Administrative Penalty Procedure.
Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shall be
issued, either personally or by mail, a citation that sets forth the alleged violation and which shall
inform the alleged violator of his or her right to be heard on the allegation.
Subd. 2. Hearings. If, within 20 days after receipt of a citation, a person accused of
violating this ordinance so requests, a hearing shall be scheduled, the date, time and place of
which shall be published and provided to the accused violator.
Subd. 3. Hearing Officer. The City Council or such other person as the Council may
by resolution designate, shall serve as the hearing officer.
Subd. 4. Decision. If the hearing officer determines that a violation of this ordinance
did occur, that decision, along with the hearing officer's reasons for finding a violation and the
penalty to be imposed under Section 1155.19 of this ordinance, shall be recorded in writing a
copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds
that no violation occurred or finds grounds for not imposing any penalty, such findings shall be
recorded and a copy provided to the acquitted accused violator.
Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in
the district court for the city in which the alleged violation occurred.
Subd. 6. Misdemeanor Prosecution. Nothing in this Section shall prohibit the City
from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the
City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
Subd. 7. Continued Violation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
1155.4-914. Penalties.
Subd. 1. Licensees and Employees. Any licensee, and any employee of a licensee,
found to have violated this ordinance, shall be charged an administrative penalty as follows:
a) $75 for a first violation of this ordinance;
b) $200 for a second violation at the same licensed premises within 24 months of the
initial violation;
c) $250 for a third violation at the same location within 24 months of the initial violation,
and the license shall be suspended for not less than seven (7) days.
Subd. 2. Other Individuals. Other individuals, other than minors regulated by
subdivision 3 of this Subsection, found to be in violation of this ordinance, shall be charged an
administrative penalty of $50.
Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase
or attempt to purchase tobacco, tobacco products, or tobacco related devices, shall be charged an
administrative penalty of $25 per violation.
1155.2415. Exceptions and Defenses. Nothing in this ordinance shall prevent the
providing of tobacco, tobacco products, or tobacco related 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 ordinance for a person to have reasonably relied on proof of age as
described by State law.
1155.2-316. Severability and Savings Clause. If any section or portion of this
ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of
competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and
enforceability of any other section or provision of this ordinance.
Section 2.
First Reading:
November 5, 2014
Second Reading:
November 18, 2014
Date of Publication:
November 27, 2014
Date Ordinance Takes Effect:
December 1, 2014
ATTEST:
;'1A
Amy Domeier, City Clerk
By:
Eug e J. axwell, Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney Sig ature Date