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Chemical Health Commission Chemical Health Conmission Be Legal, Be Safe Mssion Statement To redJce atcdlol, tobacco, end other dug abuse h the city of Hopkils h cooperation with city goverrment schools, bushess, civic orga1izations end residents. Olr Goals: 1 Assess atcdlol, tobacco, end dug problems that exist h the COllTJ'Ulity 2. Review end recorrmend cha1ges. h city porlCies end orci1cnc:es h order to reci.Jce atcd1ol, tobacco end other dug abuse 3. Promote chenical health eclK:ation h cooperation with cornn.nity, school, pa-ents end students 4. Provide a forLm for the comn.nity to dsOJSS problems, concerns, or issues regcn:i19 cherrical health T BACCO RDINANCES EDINA EDEN IVIINNETONKA GOLDEN ST. LOUIS HOPKINS PRAIRIE VALLEY PARK LICENSE FEE $250.00 $250.00 $30.00 $200.00 $250.00 $150.00 ADMINISTRATIVE Up to $150 $250.00 $100.00 VENDOR Up to $250 $500.00 $250.00 PENALTIES 1-2-3 Up to $500 Revoke, sus- $500 and 3 pend, or fine day up to $2,000 suspension PROHIBIT X X X X X VENDING MACHINE SELF-SERVICE X X X X X PROHIBITED SELL OVER 18 X ADMINISTRATIVE Up to$50 charge as a $25.00 CLERK PENALTIES Up to $100 $50.00 1-2-3 gross Up to $150 misdemeanor $100.00 ORDINANCE NO, CITY OF HOPKINS, MINNESOTA AN ORDINANCE REGULATING THE SALE OF TOBACCO PRODUCTS. THE CITY COUNCIL OF THE CITY OF HOPKINS, HENNEPIN COUNTY, MINNESOTA, ORDAINS: Section L Definitions. For the purpose ofthi.s Ordinance, the following words and phrases shall have the meanings ascribed to them: A. Tobacco products means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and cigarette papers or wrappers. B. Self-service merchandising meiIDS a method of displaying tobacco products that the public has access to without the intervention of an employee. Section 2. License reauired. No person shall directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or tobacco products at any place in the City unless they have obtained a license therefor as provided herein. A. Application for License; Granting of License by Council; Issuance of License by Clerk. Application for such license shall be made to the City Clerk and shall state the full name and address of the applicant, the location of the building to be occupied by the applicant in the conduct of this business, the kind of business to be conducted, and such other information as the City Clerk may require, The license shall be granted by the City Council and issued by the City Clerk upon payment of the required fee. B. License Fee; Term; Date. The llicense fee is $150,00, The license expires one calendar year from the date of issue, C. License shall be displayed. Every license shall be kept conspicuously posted in the place for which the license is issued and shall be exhibited to any person upon re- quest. Section 3. Sales Restrictions. A. Every retailer requesting a lice,nse under this ordinance shall implement a training program for employees regarding laws relating to the sale of tobacco products, Every licensee shall certifY on its annual tobacco application that all employees have been trained to comply with state laws regarding the sale of tobacco products, B. It shall be unlawful for any person to sell, barter, or give away tobacco products to any person under the age of eighteen (18) years. C. Any person that is under the age of 18 and employed by a licensed retailer may sell tobacco products provided that the parents or guardians of that person have signed a written consent allowing the person to sell tobacco products. D. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee, All tobacco, tobacco products, and tobacco related devices shall be stored behind a counter or other area not freely accessible to the customers. ~rOTE: For the purpose of discouraging shoplifting, etc. by minors, it is not sufficient to have the items located at the counter, but rather they should be behind th e counter to maximize the effectiveness of this provision. ) E. A licensed off-sale liquor store is exempt from the requirements of Section 2(0). Vending machine sales and se)j~service displays are limited only to places where minors are not allowed, such a:> certain bars and nightclubs. (New FDA rule) F. Every licensee shall post signs on the store premises that shoplifters of tobacco products will be prosecuted and that persons under 18 years of age are prohibited from purchasing tobacco products, Section 4. Penalties. Penalties for violations ofthis ordinance shall be assessed according to the following schedule: A. A retail store employee, regardless of place of employment, that sells tobacco products to a person under the age of eighteen (18) shall be fined $25.00 for a first violation, $50,00 for a second violation, and $100,00 for a third violation of this Ordinance in a 24 month period, B. A person under the age of eighteen (18) who attempts to purchase, purchases or possesses tobacco products shall be fined $25.00 for a first violation, $50.00 for a second violation, and $100,00 for a third violation of this Ordinance in a 24 month period. C, A licensee shall be fined $100.00 for a first violation, $250,00 for a second violation and $500.00 and a 3 day suspension for a third violation of any provision of this Ordinance in a 24 month period, D, Illegal Procurement. It shall b,~ a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco pro- duct, or tobacco related device" and 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, and 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 division does not apply to a person under the: age of 18 years who purchases or attempts to purchase tobacco or tobacco rdated devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes, E. Any person who knowingly by act or word encourages causes, or contributes to the delinquency of the minor (under 18 years of age) by purchasing or supplying tobacco shall be fined $100.00 lbr a first violation, $250.00 for a second violation, and $500.00 for a third violation of this Ordinance in a 24 month period, F, Use of Fines. Fines collected under this ordinance will be used by the Chemical Health Commission for use in incentive programs and education programs developed by the Chemical Health Commission. Section 5, Compliance Checks and Inspection:;, All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least twice per year, the city shall conduct .compliance checks by engaging minors to enter the license premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. 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. No minor u:;ed in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. A. Results of compliance checks will be reported to the City Council annually. Section 6. Effective Date. This Ordinance shall be in effect from and after its passage and publication according to the law, Passed and adopted by the City Council of the City of Hopkins this day ,1996. Mayor ATTEST: Clerk Note: Information used in this ordinance comes from I. Model Ordinance on Preventing Youth Access To Tobacco (League ofMN cities) 2. City of Plymouth Ordinance 3. Gene Maxwell Ordinance 4. Falcon Heights Ordinance 5. Food and Drug Administration Rule signed by President Clinton on August 23, 1996 House Committee approves measure to keep minors from lighting UI) The bill would not pre-empt local ordinances Joel Jamnik " The House Commerce Committee approved a bill on January 30 that would require all tobacco vendors to be licensed, either by cities or, if cities choose not to regu]ate, then by counties. H.P. 117, co-authored by Representatives Ann Rest (DFL-New Hope) and Kevin Goodno (R- Moorhead) would establish a mini- mum level of regulation and would then rely on local ordinances to meet or exceed the law. Under an amendment offered by Representative Jim Thnheim (DFL- Kennedy) a city would have the option of regulating tobacco sales and would be allowed to enact regulations stronger than those outlined in the bill. The bill would require license fees for tobacco retailers sufficient to pay for administration and enforce- ment, specify penalties for selling tobacco to minors, require the licensing authority to conduct compliance checks, and ban self- service displays and vending machines. Prior Lake Police Chief,Richard Powell, and St. Louis Park City Councilmember Ron Latz, testified in support of the bill. Judy Cook of Minnesota Retail Merchants Associa- tion and Nancy Christianson of the Minnesota Grocer's Association spoke in opposition to parts of the bill. The Commerce Committee also adopted four other amendments to the bill. Representative Bob Gunther (R- Fainnont) successfully offered two amendments. The first would reduce the fines for selling tobacco to minors from at least $100 on the first offense to $50. The fines for a second offense was reduced from $250 to $ I 50. The . February 5, 1997 second Gunther amendment deleted a section of the bill that would have outlawed slotting fees for retailers. Tobacco distributors often pay a special slot fee to grocers in exchange for placing their products in prime store locations. The Committee also approved an amendment offered by Representative Dan McElroy (R-Bumsville) that would require local governments to notify retailers that an ordinance is being considered in their community. Retailers would have to receive notice 30 days prior to the hearing and the notice would have to include the date, time and place of the hearing and the content of the proposed ordinance. Finally, Representative Peggy Leppik (R .Golden Valley) authored an amendment reducing the required number of annual compliance checks from two each year to one. Additionally, the committee rejected two proposed amendments. The first, authored by Representative " c' , I, ! Marty Seifert (R-Marshall), would have imposed an administrative penalty of $50 on minors who attempt to purchase tobacco, or are able to purchase or possess tobacco. Another amendment, aurhored by Representa- tive Doug Reuter (R-Owatonna), would have deleted the portion of the bill that bans self-service displays of tobacco products. The amendment proposed that tobacco remain within plain view of a sales clerk as opposed to requiring face-to-face interaction with a clerk in order to purchase tobacco. Voting for final passage were Representatives Tunheim (Chair), Hasskamp (Vice Chair), Boudreau, Bradley, Commers, Daggett, Dom, Entenza, Erhardt, Farrell, Gunther, Juhnke, Kinkel, Leppik, McElroy, Nomes, Pugh, Reuter, Sekhon, and Slawik. Representatives Tomassoni, Milbert, Rifenberg, and Seifert voted against final passage of the bill. Representative Paymer was absent. t: