CR 11-105 Tobacco OrdinanceNovember 8, 2011
Proposed Action
TOBACCO ORDINANCE
Council Report 2011-105
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 2011-1041 for first reading.
Adoption of this motion will begin the process of amending Section 1155 of the Hopkins City Code to
prohibit use of tobacco products in any retail establishment.
Overview
The City of Hopkins licenses the sale of tobacco. There is an exception to the Minnesota Clean Indoor Air
Act:
Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the lighting of tobacco in
a tobacco products shop by a customer or potential customer for the specific purpose of sampling
tobacco products.
Some establishments in other cities have used this exemption to establish smoking bars or lounges. The
intent of the Hopkins ordinance was to allow certain establishments to sell tobacco not to permit the
is establishment of smoking lounges.
The City Council discussed this issue with the Police Department and the City Attorney at the October 11
Worksession. At that time, staff was authorized to send notices, as required by state law, to all businesses
with tobacco licenses informing them that the City was considering amending the tobacco ordinance.
Staff is recommending that the Council adopt the amendment prohibiting the lighting, inhaling, exhaling or
combination thereof of tobacco products in any retail establishment.
Primary Issues to Consider
• Has there been any public comment?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 2011-1041
4.,, a z(A
Jame A. Genellie
Assistant City Manager
Council Report.2011-105
. Page 2
Analysis of Issues
Has there been any public comment?
Staff received one comment on the proposed ordinance from the owners of an off -sale liquor store. They
proposed that the language be more narrowly drafted to specifically prohibit smoking lounges. They
expressed a concern that a similar prohibition might be enacted against sampling of liquor due to some
business abusing that privilege.
City Attorney Jason Hutchison responded with the following:
"I see the tobacco and alcohol issues as being quite different, since alcohol consumption in establishments is
generally permitted (but heavily regulated); however, smoking indoors in places of public accommodation is
almost completely prohibited under the Minnesota Clean Indoor Air Act.
(The) concern seems to be that this creates a "slippery slope" - but I don't agree with that. Alcohol and
Tobacco are both heavily regulated, but by different state statutes. The City's authority to act regarding one
(i.e. Tobacco) has no bearing on whether it can act on the other (Alcohol)."
Alternatives
• 1. Adopt Ordinance number 2011-1041 for first reading.
2. Do not adopt Ordinance number 2011-1041.
Staff recommends Alternative #1.
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• CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2011-1041
AN ORDINANCE AMENDING
SECTION 1155 OF THE HOPKINS CITY CODE
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of the City of Hopkins through the regulation of second hand smoke.
Whereas, it is the express policy of the City of Hopkins to protect employees and the general
public from the hazards of secondhand smoke by eliminating smoking in retail
establishments; and
Whereas, minimizing exposure to second hand smoke is important to the health and safety of the
residents of the City of Hopkins; and
Whereas, the City Council of the City of Hopkins, has determined that this ordinance will reduce
the exposure to second hand smoke in retail establishments;
NOW THEREFORE THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS
FOLLOWS:
Section 1. That Section 1155 be amended as follows by adding Section 1155.10:
• 1155.10 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 License Holder or Licensee, or their employees,permit the same.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading:
November 15, 2011
Second Reading:
December 6, 2011
Date of Publication:
December 15, 2011
Date Ordinance Takes Effect:
December 15, 2011
ATTEST:
Kristine Luedke, City Clerk
0
Gene Maxwell, Mayor