2013-094 Approve Ordinance 2013-1068, Establishing a Moratorium on the Sale of E-CigarettesOctober 1, 2013 Council Report 2013-094
MORATORIUM ORDINANCE
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2013-1068 establishing a
moratorium on the sale of e-ciizarettes.
This action will give the City Council an opportunity to examine the appropriate zoning and
regulations for the sale of e -cigarettes.
Overview
Electronic cigarettes, commonly known as e -cigarettes, and other similar devices provide new methods
for nicotine delivery that do not involve burning tobacco. E -cigarettes heat a liquid infused with
nicotine and other unknown ingredients and the vapor is inhaled like tobacco smoke. Frequently, e -
cigarettes and the liquid products are sold at locations where customers are permitted to "sample" the
products on site before purchasing them. The FDA and the State of Minnesota have classified e -
cigarettes as "tobacco products." There remain questions regarding this classification and thepossible
health effects of these products.
The level of regulation varies widely among Minnesota cities. Some cities have simply treated the sale
of e -cigarettes the same as any other tobacco product. Other cities have sought to ban their use in all
public places. Hopkins currently permits the sale of e -cigarettes only in establishments licensed to sell
tobacco products. Hopkins has no regulation regarding the use of e -cigarettes.
A moratorium, which applies to all applicants equally, gives the Council the opportunity to objectively
study these issues without the constraint of having to consider pending license applications.
Primary Issues to Consider
• Is a moratorium necessary?
Without a moratorium the Council could be faced with the need to act on a license application
during the study process.
• Will the moratorium affect license renewals?
The moratorium ordinance does not affect any business that currently has a license. Renewals of
existing licenses will be allowed.
• How long will the moratorium last?
The moratorium is set to expire after one year. It can be extended by the City Council. If the study
is completed sooner than one year the moratorium can be ended earlier through the adoption of an
ordinance.
Supportine Information
• Ordinance 2013-1068
Kristine Luedke
City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2013-1068
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE
OF CITY RESIDENTS; AND RESTRICTING THE USE AND SALE
OF E -CIGARETTES AND RELATED PRODUCTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Backeround and Findings:
1.01 The City Council has the power to adopt ordinances to provide for the government and good
order of the city, the prevention of crime, the protection of public and private property, the
benefit of trade and commerce, and the promotion of health, safety, order, convenience, and
the general welfare.
1.02 Minnesota law gives cities the legal authority to regulate tobacco and tobacco related devices
and the City of Hopkins has elected to regulate tobacco products.
1.03 Electronic cigarettes, commonly known as e -cigarettes, and other similar devices provide new
methods for nicotine delivery that do not involve burning tobacco. E -cigarettes heat a liquid
infused with nicotine and other unknown ingredients and the vapor is inhaled like tobacco
smoke. Frequently, e -cigarettes and the liquid products are sold at locations where customers
are permitted to "sample" the products on site before purchasing them.
1.04 The FDA and the State of Minnesota have classified e -cigarettes as "tobacco products." There
remain questions regarding this classification and the possible health effects of these products.
1.05 The State of Minnesota's only current regulation is to prohibit the sale of e -cigarettes to
persons less than 18 years of age. The level of regulation varies widely among Minnesota
cities. Some cities have simply treated the sale of e -cigarettes the same as any other tobacco
product. Other cities have sought to ban their use in all public places. Some cities have no
regulation at all. Hopkins currently permits the sale of e -cigarettes only in establishments
licensed to sell tobacco products. Hopkins has no regulation regarding the use of e -cigarettes.
1.06 Therefore, the City Council finds that there is a need for an interim ordinance to be adopted
for the purpose of protecting the planning process and the health, safety and welfare of the
citizens of the City and to insure that the City and its citizens retain the benefits of the City's
zoning ordinance while City staff completes such a study. The City Council also finds that
there is a need to restrict the sale of e -cigarettes to current levels and locations and to not
expand such sales until a study has been completed and any modifications to the City's
regulations have been adopted. Therefore, it is not the intent of this ordinance to prohibit any
business that has a license to sell tobacco at its current location and is operating lawfully and
in accordance with all state, federal and municipal regulations at the time of the adoption of
this ordinance from continuing to sell e -cigarettes at that location but rather to maintain the
status quo during the pendency of the planning study. In addition, the City Council finds that
there is a need to restrict "sampling" of e -cigarette products to locations where the only
products sold are e -cigarettes and the liquids used in them.
Ordinance No. 2013-1068 -2-
1.07 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this Interim
Ordinance to protect the planning process. The City Council finds that adoption of this
Interim Ordinance will protect the planning process and the health, safety and welfare of its
citizens while the Planning Study is being conducted.
Section 2. Planning and Zoning Study /Moratorium.
2.01. A study is authorized to be conducted by City staff to determine whether it is necessary to
amend the City's Existing Ordinances, Regulations and Official Controls or adopt new
ordinances relating the use of e -cigarettes and similar devices.
The scope of the study should include, but is not limited to, the following:
a. the particular zoning districts in which such uses should be allowed as either permitted
uses or conditional uses and the specific conditions which should be applicable to the sale
and use of e -cigarettes as a conditional use;
b. the density and concentration of $uch uses;
c. the effect of such uses on other uses in the surrounding area;
d. the need, if any, for modifications to the City's official controls or licensing regulations
regarding such uses; and
the effect of e -cigarette sellers' proximity to residential areas, schools, churches, cultural institutions,
parks and playgrounds on the health and welfare of the citizens of Hopkins, especially the young.
Section 3. Moratorium.
A moratorium is hereby adopted and enacted prohibiting the creation, establishment or operation of
any business in the City of Hopkins which sells e -cigarettes or the liquid products used in them other
than those businesses which have current valid tobacco licenses as of the effective date of this
Ordinance. Further, a moratorium is hereby adopted and enacted prohibiting any business currently
licensed to sell tobacco which also sells e -cigarettes from allowing on-site sampling of e -cigarettes
and related products except such licensees that sell only e -cigarettes and the liquids used in them.
This moratorium shall not prohibit license renewals of current license holders at their current
locations. This Interim Ordinance is adopted for the purpose of protecting the planning process
pending completion of the Planning Study and the review of the completed Planning Study by the
City Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect
until the date that is one year after the effective date of this Interim Ordinance, or such earlier date as
may hereafter be established by an Ordinance duly adopted by the City Council. The term of this
Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period of
time by Ordinance as may be necessary to complete the Planning Study authorized hereby and to
adopt any necessary modifications to the City's Ordinances, Regulations and Official Controls.
Section 4. Enforcement.
The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy,
including, but not limited to, remedies and enforcement procedures provided in the statutes of the
State of Minnesota or Ordinance of the City of Hopkins, in any Court of competent jurisdiction.
Ordinance No. 2013-1068 -3-
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid or
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, provision
or part of this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective the day of its publication.
First Reading: October 1, 2013
Second Reading:
Date of Publication:
By:
October 15, 2013
October 24, 2013
Eugene J. Maxwell, Mayor
ATTEST:
Kristine Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date