E CigarettesMEMORANDUM
To: Hopkins City Council
From: Jim Genellie, Kris Luedke
Date: February 3, 2014
Re: E Cigarettes
E cigarettes have surged in popularity but information and regulation have lagged behind. E
cigarettes heat liquid nicotine or other flavored substances into vapor that is inhaled. E
cigarettes contain no tobacco but many contain nicotine. Despite the fact that a cigarettes have
been around for several years there is little information regarding their safety and very little
regulation.
The purpose of the Worksession discussion is to determine whether there are any reasonable
regulations which should be adopted by the City in regards to the sale and use of a cigarettes.
The purpose of this discussion is not to determine whether a cigarettes are safe. Producers and
users of a cigarettes argue that there is no proof that a cigarettes are not safe. Others object that
there is no proof that a cigarettes are safe. There are more than 250 types of a cigarettes on the
market and the ingredients vary widely. There have been no large scale tests or studies to
examine the various ingredients used to determine their safety.
Some people claim that a cigarettes help people quit smoking tobacco cigarettes and are a safer
alternative. However, in addition to there being no evidence on whether a cigarettes are safer
than tobacco cigarettes there is also no evidence on whether they assist people to quit smoking
tobacco cigarettes.
With the wide variety of a cigarettes on the market and the lack of information it is difficult to
make any statements about the safety of a cigarettes. The University of Minnesota is one of
several institutions performing studies to assess the safety of a cigarettes. Until studies are
complete, there is no data to analyze.
REGULATION
The regulation of a cigarettes is equally unsettled. E cigarettes are currently covered by almost
no Federal, State or Local regulation. As a result, stores selling a cigarettes have few if any
regulations and there are few limits on where a cigarettes may be used. There are no regulations
regarding what ingredients can be used in an e cigarette. Equally important, there are no
regulations regarding packaging that inform a consumer what is actually in any particular e
cigarette.
1
The FDA has authority over a cigarette regulations. The FDA initially sought to regulate all e
cigarettes as drugs or devices, separate from tobacco regulations. A federal circuit court found in
Soterra, Inc. v Food & Drug Administration, 627 F.3d 891 (D.C. Cir 2 010) that the FDA only
has the authority to regulate a cigarettes as a drug or device if they are marketed for therapeutic
purposes, otherwise a cigarettes can only be regulated through the FDA's tobacco regulations.
The literature anticipates that the FDA, in reaction to the court ruling, will expand the definition
of "tobacco products" in its tobacco regulations to include a cigarettes. The FDA has not made
clear what other regulations it intends to establish. Regulations for a cigarettes were to be issued
by October 31, 2013. In October 2013, 40 State Attorney Generals sent a letter to the FDA
urging it to meet the deadline. Their main concern regarding a cigarettes was safety, especially
youth safety, and the current lack of any regulation. The FDA pushed the deadline to the end of
November 2013, but no regulations have yet been issued.
The State of Minnesota has prohibited the sale of a cigarettes to anyone under the age of 18 and
has included a cigarettes in the definition of tobacco in relation to taxing. However, the State
has not included a cigarettes in any definitions relating to licensing, sale, or locations where use
is prohibited. The Minnesota Clean Indoor Air Act does not apply to a cigarettes, allowing their
use in restaurants and other public and private facilities. Several legislators have indicated their
intent to introduce legislation in 2014 to add a cigarettes to the Minnesota Clean Indoor Air Act.
Several counties have taken action regarding a cigarette regulation:
• Hennepin County has banned the use of a cigarettes on County property; and
• Beltrami County has required that sellers be licensed and has banned the sampling of e
cigarettes in stores.
Private companies have also addressed a cigarettes:
• The Mall of America and Target Field have prohibited the use of a cigarettes on their
premises; and
• Several transit companies have prohibited the use of a cigarettes on transit vehicles.
Various cities have also enacted regulations relating to a cigarettes:
• Duluth has banned the use of a cigarettes in public locations and has required a license to
sell a cigarettes. Duluth has also banned sampling in stores.
• Mendota Heights has required licensing to sell a cigarettes and banned sampling in stores.
• Mankato has reportedly banned a cigarette use in indoor public places just as traditional
smoking is banned, included a cigarettes in its tobacco licensing and prohibited
sampling, but the online code has yet to be updated.
• St. Peter has decided to prohibited use of a cigarettes in City facilities just as tobacco is
prohibited, but the ordinance has not yet been adopted.
• Rochester park board has established a policy banning the use of a cigarettes in parks.
The City Council is planning to ban a cigarette use in the medical zone, bars, city bus
shelters and other areas where the u se of tobacco is banned, but the paperwork is not yet
complete.
• Ely has prohibited use of a cigarettes where tobacco cannot be used including private
bars and restaurants. Ely has also prohibited indoor sampling by instituting a six month
moratorium.
Many cities are currently discussing what action to take in regards to a cigarettes while others are
waiting to see what the Federal and State governments do before taking any action.
WHAT ARE THE CITY'S OPTIONS?
• Take No Action at this time. The current moratorium is in place until October 24, 2014.
The moratorium can be extended for a reasonable amount of time after this date. The
FDA and the State of Minnesota have yet to take any action regarding a cigarettes.
Without FDA action the City, in attempting to justify action based on the health impacts
of a cigarettes, is put in the position of trying to decide between information provided by
advocates for and against a cigarettes.
• The City can amend Section 1155 of the City Code to make it clear that Section 1155.10
does NOT apply to a cigarette sampling. This action would continue to allow the sale of
e cigarettes. It would also allow vaping studios to operate in Hopkins although the
State's prohibition against the sale to anyone under the age of 18 would continue to
apply. Any future Federal or State regulations will apply when adopted.
• The City can amend Section 1155 of the City Code to make it clear that Section 1155.10
DOES apply to a cigarette sampling. This action would continue to allow the sale of e
cigarettes but it would essentially prohibit vaping studios in Hopkins. Taking just this
action, however, would result in an environment where it would be illegal to sample or
use a cigarettes in any business with a tobacco license but it would be legal to use e
cigarettes in similar businesses without tobacco licenses.
• Public Locations. Just as with tobacco, the City can prohibit the use of a cigarettes in
City buildings, City vehicles and parks.
• Public and Private Locations. The City can expand the prohibition against the use of e
cigarettes to include areas covered by the Minnesota Clean Indoor Air Act. This would
prohibit the use of a cigarettes in all locations that tobacco cigarettes are currently
prohibited, including bars and restaurants. However without the legislature including e
cigarettes in the Minnesota Clean Indoor Air Act, the City would be responsible for
enforcing this prohibition.
SUPPORTING DOCUMENTS
• Chronology of events
• Tobacco licenses in Hopkins
• Excerpts from minutes
• Section 1155 of the Hopkins City Code
Chronology Order for E-CigaretteNaping Studio Request
Nov. 18, 1997
Ordinance 97-805 became effective in which section 1155, (tobacco) of the City
Code was deleted in it's entirely and replaced with current ordinance.
July, 2013
Ms. William called City Clerk to inquiry about the process for obtaining a license
for a vaping studio which would be selling e -cigarettes to be located in Hopkins.
July, 2013
City Clerk contacted State of Minnesota regarding the requirements for a business
selling e -cigarettes. It was determined a tobacco license would need to be issued
due to the fact the Department of Revenue considers e -cigarettes are subject to the
tobacco products tax.
July 15, 2013
City Clerk received an application from Ms. Williams for a tobacco license for 11
7th Ave No. After checking with the zoning department it was determined that
this address was not zoned for a tobacco license.
Aug. 21, 2013
Ms. William submitted a revised application with the 811 Mainstreet address.
The zoning department confirmed a tobacco license is allowed at this location.
Sept. 3, 2013
City Clerk submitted a report to the City Council for approval of the tobacco
license. It was approved with the understanding that vaping would not be
ermitted in the establishment.
Sept. 17, 2013
At the Council Work session, there was further discussion regarding whether our
current tobacco ordinance prohibits vaping. The Council expressed an interest in
reviewing the current ordinance to determine if an amendment is necessary.
Oct. 1, 2013
First reading of interim ordinance to establish moratorium on the sale of
e -cigarettes to give the City Council an opportunity to examine the appropriate
zoning and regulations for the sale of a -cigarettes. It was approved.
Oct. 15, 2013
Second reading of the interim ordinance was submitted to the City Council with
no changes. It was approved.
Oct. 24, 2013
The Moratorium ordinance was published in newspaper and became effective on
this date.
As of today, the City Clerk has not received further inquiries regarding opening of another vaping
studio.
Establishment
Address
License Type
Ace Wine & Spirits
4 Shady Oak Rd
Tobacco
Back Door Tobacco
813 Mainstreet
Tobacco
Blake Grocery
105 Blake Rd
Tobacco
Casablanca Market
716 11 Ave S
Tobacco
Driskill's Foods
25 1 Ith Ave N
Tobacco
George R Wolff VFW 425
100 Shady Oak
Tobacco
Holiday Express
1120 7 Street S
Tobacco
Holiday Stationstore #261
300 11"' Ave S
Tobacco
Holiday Stationstore #413
530 Blake Rd N
Tobacco
Hopkins Tavern
819 Mainstreet
Tobacco
Hopkins Vaping Studio
811 Mainstreet
Tobacco
Jim's Liquor
3 6 Ave S
Tobacco
Liquor Store & More
808 Mainstreet
Tobacco
Mac's Liquor
8550 Excelsior
Tobacco
Mainstreet Bar
814 Mainstreet
Tobacco
MGM Liquor
495 17 Ave
Tobacco
Midnite Market
5 6 Ave S
Tobacco
Richard's Liquor
22 10 Ave S
Tobacco
US Grocery & Tobacco
520 Blake Rd N
Tobacco
Walgreens
540 Blake Rd N
Tobacco
Walgreens # 6730
1511 Hwy 7
Tobacco
The above table is a list of the current tobacco licenses in the City. If sampling/vaping is not
allowed at the Vaping Studio, then it would not be allowed at Hopkins Tavern, Mainstreet Bar &
Grill and the VFW due to the fact they have a tobacco license but it would be allowed at the other
establishments for example as Big Ten, Tuttle's, Lindee's, Wild Boar and American Legion.
Excerpts of the official minutes regarding e -cigarettes:
Minutes from City Council Meeting on September 3
1. Approve a Tobacco License for Vaping Studio Inc., DBA, Hopkins Vaping Studio Located at
811 Mainstreet; (CR 2013-074)
Ms. Luedke addressed the Council regarding the tobacco license application to sell e -cigarette
products in conjunction with other general specialty merchandise at 811 Mainstreet. Ms. Luedke
gave an overview of tobacco license requirements. The Zoning and Planning Commission has
reviewed and approved the application.
Ms. O'Neil, a representative of the applicant, came forward and addressed the Council. Ms. O'Neil
gave an overview of the e -cigarette business and types of specialty products they will be selling.
There was much Council discussion regarding types of specialty products, zoning district, and
vaping or exhaling within the vaping studio. Ms. Anderson advised the Council that this use is
allowed in the B-2 zoning district. Staff will also advise the business owner to review the Hennepin
County requirements prior to selling food products. Mr. Steiner advised the Council regarding the
tobacco ordinance and that it is unlawful to exhale in the store per the city tobacco ordinance and
that the definition covers e -cigarettes.
Ms. Anderson discussed with Council the changes that were made to the city ordinance to cover e -
cigarettes and Ms. Luedke gave an overview of the State's definition of e -cigarettes. The State of
Minnesota considers e -cigarettes a tobacco item and are subject to the tobacco product tax. Staff
will review the ordinance with the applicant prior to issuing the license.
Council Member Halverson moved and Council Member Gadd seconded a motion to approve a
Tobacco License for sale of e -cigarettes for Vaping Studio, Inc. dba Hopkins Vaping Studio located
at 811 Mainstreet. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The motion carried unanimously.
Minutes from Work Session on September 17
Mr. Genellie and Ms. Luedke reviewed with the Council the current tobacco ordinance in
relationship to e -cigarettes. The Council is interested in reviewing the current ordinance to
determine if an amendment is necessary.
Minutes from City Council Meeting on October 1
2. Approve Ordinance 2013-1068, Establishing a Moratorium on the Sale of E -Cigarettes; (CR
2013-094)
Ms. Luedke addressed the Council regarding the moratorium on the sale of e -cigarettes that will
give the Council time to objectively study the appropriate zoning and regulations for the sale of e -
cigarettes. Ms. Luedke gave an overview of the e -cigarettes products and conditions of the
moratorium. The moratorium would not affect existing license holders and would expire in one
year or sooner if the study is completed. There was Council consensus for further review of the
ordinance.
Council Member Cummings moved and Council Member Halverson seconded a motion to approve
Ordinance 2013-1068 establishing a moratorium on the sale of e -cigarettes. A poll of the vote was
as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member
Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried
unanimously.
Minutes from City Council Meeting of October 15
VI. CONSENT AGENDA
4. Second Reading; Approve Ordinance 2013-1068, Establishing a Moratorium on the Sale of E -
Cigarettes; (Memo)
Council Member Gadd moved and Council Member Cummings seconded a motion to approve the
Consent Agenda. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The motion carried unanimously.
N
Hopkins City Code
Section 1155 - Tobacco Ordinance
(Rev. 2011) 1155.01
1155.01. Purpose. This ordinance shall be intended to regulate the sale, possession, and use of tobacco,
tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to
protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and
tobacco related devices, and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting smoking as stated in M.S. 144.391.
1155.02. State laws adopted by reference. Minnesota Statutes, section 461, is adopted by reference and
made a part of this code as if fully set forth herein. A violation of the provisions of the statutes adopted by
reference herein is a violation of this code. (Added by Ord. 2003-899)
1155.03. Federal laws adopted by reference. Code of Federal Regulations, Part 897 - Cigarettes and
Smokeless Tobacco, is adopted by reference and made a part of this code as if fully set forth herein. A
violation of the provisions of the Regulations adopted by reference herein is a violation of this code.
(Added by Ord. 2003-899)
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, 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.
Subd. 3. Tobacco Related Devices. "Tobacco Related Devices" shall mean cigarette papers or
pipes for smoking.
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.
Section 1155
Hopkins City Code 1155.04, Subd. 9
Subd. 9. Moveable Place of Business. Moveable Place of Business" shall refer to any form of
business operated out of a 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.
Subd. 10. Individually Paqkaggd. "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.
1155.05. License. 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.
Subd. 1. Application. An application for a license to sell tobacco, tobacco products, or
tobacco products, or tobacco related devices shall be made on a form provided by the city. The
application shall contain full name of the applicant, the applicant" 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.
Section 1155 2
Hopkins City Code 1155.05, Subd. 2
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. (Amended Ord. 2003-899)
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. (Amended Ord. 2003-899)
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
public on the licensed premises.
Subd. 9. Training. Every retail business requesting a license 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.
Subd. 10. 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 right of the licensee and
shall not entitle the licensee to an automatic renewal of the license.
Subd. 11. Minor Employees. Any person that is under the age of 18 and employed by a
licensed retail establishment may sell tobacco products provided that the parents or guardians of that
minor, have signed a written consent allowing the minor to sell tobacco products.
1155.07. 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.
1155.09. 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.
Section 1155 3
Hopkins City Code
1155.09, Subd. 1
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.
Subd. 4. Mobile Sales. No license shall be issued for the sale of tobacco, tobacco products, or
tobacco related devices at a moveable place of business, including but not limited to, motorized vehicles,
mobile sales kiosks, or trailers.
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, to permit the same. (Added by Ord. 2011-1041)
1155.11. 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.
1155.13 Compliance Checks and Inspections. All licensed premises 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.
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.
Section 1155 4
Hopkins City Code
1155.13, Subd 1
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.
1155.15. 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. 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. 3. 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. 4. 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. 5. 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.
1155.17. 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.
Section 1155
Hopkins City Code 1155.17, Subd 4
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.
1155.19. 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.
1155.21. 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.
1155.23. 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 1155 was amended by Ord. No. 97-805; Ord. 2003-899; Ord. No. 2010-1020 and Ord. No. 2011-
1041)
Section 1155