CR 05-010 - Henn County Smoking Ordinance Enforcement
January 18,2005
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Council Report 2005..()(t(t"
APPROVE RESOLUTION 2005-006 REQUESTING THAT
HENNEPIN COUNTY STAFF
ENFORCE HENNEPIN COUNTY'S SMOKING ORDINANCE
Proposed Action
Staff recommends that the Council approve the following motion: Move approval of Resolution 2005-006
requesting Hennepin County staff to enforce Hennepin County Ordinance #24 in licensed food
establishments in Hopkins.
This action will result in Hennepin County staff enforcing the Hennepin County smoking ordinance.
Overview
In October of 2004, Hennepin County adopted an ordinance establishing a ban on smoking in food
establishments. The ordinance will go into effect on March 31, 2005. The County intends to enforce this
ordinance through their food licensing function. Since the City of Hopkins licenses food establishments in
Hopkins, the City either has to take on this enforcement action or request that the County enforce the
ordinance. Since Hopkins contracts for food inspection services, staff recommends that the County enforce
its ordinance. If the City were to enforce this ordinance it would likely result in increased costs to the City.
The County intends on enforcing their ordinance through routine food establishment inspections and as part
of a complaint investigation.
Primary Issues to Consider
What establishments are subject to the County's ordinance?
What are the penalties for violating this ordinance?
What alternatives are available to the City?
Supportin2 Information
Analysis of the Issues
Resolution 2005-006
Letter from the Hennepin County Human Services Department
Hennepin County Ordinance #24
Financial Impact: $ None Budgeted: Y IN
Related Documents (CIP, ERP, etc.):
Notes:
Source:
Council Report 2005-010
Page 2
Analvsis of the Issues:
What establishments are subiect to the Countv's ordinance?
This ordinance applies to Food Establishments. Hennepin County Ordinance #24: "Food
establishment" means those establishments defined in Minnesota Rules 4626.0020, subpart 35,
including an establishment that has an on-sale non-intoxicating malt liquor license; an on-sale
intoxicating liquor license; an on-sale wine license and/or strong beer liquor license issued by the
State of Minnesota, the municipality within which it is located, or Hennepin County.
Minnesota Rule 4626.0020, Subp. 35.
A. "Food establishment" means an operation that:
(1) stores, prepares, packages, serves, vends, or otherwise provides food for human consumption,
including a restaurant, satellite or catered feeding location, market, grocery store, convenience store,
special event food stand, school, boarding establishment, vending machine and vending location,
institution, and retail bakery;
What are the penalties for violating this ordinance?
Hennepin County Ordinance #24, SECTION 7: PENALTY.
7.01 Misdemeanor. Any person who violates this Ordinance, or who permits a violation to exist on
the premises under his/her control, or fails to take action to abate the existence of the violation(s)
within a specified time period, when ordered or notified to do so by the Health Authority, shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. Each
day of violation constitutes a separate offense.
7.02 Adverse license action. Violation of any provision of this Ordinance by a proprietor or other
person in charge shall be adequate grounds for the denial, refusal to renew, revocation or suspension
of a license to operate a food establishment as determined by the Health Authority.
7.03 Civil remedies. In the event of a violation or a threat of violation of this Ordinance, the City
Attorney or County Attorney may take appropriate action to enforce this Ordinance, including
application for injunctive relief, action to compel performance, or other appropriate action in court,
if necessary, to prevent, restrain, correct, or abate such violations or threatened violations. The City
Attorney or County Attorney enforcing provisions of this O~dinance may seek costs and
dispersements, including attorneys' fees.
7.04 Citations. Whenever the Health Authority discovers a violation of this Ordinance, a citation
may be issued to the person alleged to have committed the violation. The citation shall be issued to
the person charged with the violation, or in case of a corporation or municipality, to any officer or
agent expressly or impliedly authorized to accept such issuance.
Council Report 2005-010
Page 3
What alternatives are available to the City?
According to the Ordinance:
A. A statutory or home rule charter city that maintains a delegation of authority agreement with
the Minnesota Department of Health and/or the Minnesota Department of Agriculture to regulate
food establishments pursuant to Minnesota Statues 145A.07 and/or 28A.075 may either:
1. Elect to enforce this Ordinance or a local ordinance; or
2. Provide verification to Hennepin County of its intention to have the Health Authority
enforce this Ordinance by submitting a resolution of the City Councilor authorized City official to
Hennepin County.
The City of Hopkins contracts for sanitation inspection with lone inspector who works about one day
a week. Staff feels that since this is a County ordinance, the County should enforce it.
Alternatives
1. Approve Resolution 2005-006.
2. Do not approve the Resolution. The City of Hopkins would have to enforce the ordinance.
Staff recommends Alternative #1.
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2005-006
WHEREAS, Hennepin County has adopted Ordinance #24 banning smoking in all food
establishments in Hennepin County; and
WHEREAS, the City of Hopkins is a home rule charter city that maintains a delegation
of authority agreement with the Minnesota Department of Health and/or
the Minnesota Department of Agriculture to regulate food establishments
pursuant to Minnesota Statues 145A.07 and/or 28A.075; and
WHEREAS, the Hopkins City Council has determined that enfo~cement of the County's
smoking ban can be best be accomplished by Hennepin County staff,
NOW THEREFORE BE IT RESOLVED, that the City Council of the. City of Hopkins
hereby requests that Hennepin County staff enforce Hennepin County
Ordinance #24 in the food establishments licensed by the City of Hopkins.
Adopted by the City Council of the City of Hopkins this 18th day of January 2005.
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
Hennepin County Human Services Department
Public Health Protection
Epidemiology and Environmental Health
1011 South First Street, Suite 215
Hopkins, MN 55343-9413
Epidemiology: (952) 351-5230
Environmental Health: (952) 351-5200
FAX: (952) 351-5222
www.hennepin.us
December 20, 2004
City of Hopkins
Rick Davidson
Building Official
1010 First Street S
Hopkins, MN 55343
Dear Mr. Davidson:
I am writing to request your assistance in coordinating the implementation of Hennepin County's
new Smoke-free Ordinance effective March 31, 2005, in all licensed food establishments and bars
within Hennepin County. I have enclosed a printed copy for your reference. This Ordinance is also
available on the Hennepin County web site at http://hennepin.us by clicking on "ordinances" in the
lower right-hand box titled "reference". The Smoke-free Ordinance is number 24. If you wish to
obtain additional printed copies, please call (952) 351-5200.
Because your city has a delegation agreement(s) with the Minnesota Department of Health and/or the
Minnesota Department of Agriculture to license food establishments, your staff currently enforce
both the state's Food Code (MN Rules, Chapter 4626) and the MN Clean Indoor Air Act (MN Rules,
Chapter 4620). Hennepin County Ordinance 24 is an extension of the MN Clean Indoor Air Act for
food establishments and Hennepin County enforcement activities will be conducted: 1) as part of a
routine inspection and 2) in response to a complaint.
In order to assure compliance of Ordinance #24 and respond to complaints and inquiries from
citizens, Hennepin County requests either:
A. A letter signed by either your city manager/administrator or mayor stating your city
intends to adopt an ordinance as strict as Hennepin County #24 by March 31, 2005, or
your staffwill be enforcing Hennepin County Ordinance #24 in your city's licensed food
establishments; or
B. A copy of a signed resolution from your city council requesting Hennepin County staff to
enforce Hennepin County Ordinance #24 in your city's licensed food establishments.
Please send A. or B. above to my attention by January 28,2005. If you have any questions about this
letter or Ordinance #24, please contact Lynn Moore directly at (952) 351-5215.
Sincerely,
va #L~
SU an Palchick, Ph.D., MPH
Hennepin County Public Health Protection
Manager-Epidemiology and Environmental Health
Cc: Larry Myers
Enclosure:
Hennepin County Ordinance #24
An Equal Opportunity Employer
Recycled Paper
......:
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ORDINANCE NO. 24-as amended (versionl) 10-5-04
SMOKE-FREE ORDINANCE.
"The Hennepin County Board of Commissioners does ordain:"
SECTION 1: PURPOSE.
1.01 Purpose. This Ordinance is enacted to protect the health, safety, and general welfare of the
people of Hennepin County pursuant to powers granted under Minnesota Statutes Chapters 145A
. and 375 and subsequent recodifications and/or amendments, and other applicable legislation, as
may be adopted from time to time.
1.02 Objectives. The principal objectives of this Ordinance are:
A. To prevent secondhand smoke exposure and its adverse health effects on patrons and
employees of food establishments; and
B. To protect, in particular, the health of vulnerable populations including children and those
with chronic health conditions.
SECTION 2: GENERAL PROVISIONS.
2.01 Scope. This Ordinance shall be applicable to all food establishments.
2.02 Prohibitions.
A. Smoking is prohibited in the indoor areas of food establishments unless otherwise
excluded.
B. Nothing in this Ordinance shall prevent the proprietor or other person in charge of any
place including, without limitation, any residence, motor vehicle or outdoor space, from
. prohibiting smoking in any such place.
C. Nothing in this Ordinance shall prevent other local levels of government within Hennepin
County from adopting measures to protect citizens from secondhand smoke.
D. This Ordinance is intended to complement the Minnesota Clean Indoor Air Act, Minnesota
. Statutes, Sections 144.411 to 144.417, or other applicable law, as amended from time to time.
Nothing in this Ordinance authorizes smoking in any location where smoking is prohibited or
restricted by other laws.
2.03 Exclusions. This Ordinance does not apply to:
... . A. Outdoor spaces of food establishments.
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B. Locations where smoking is expressly authorized by state or federal law, rule, or
regulation.
C. The use of tobacco as part of a recognized religious ritual or activity.
D. Guest rooms of a hotel or motel.
E. Food establishments located in a house of worship when the food service is limited to
preparation, service or consumption by the members of the house of worship and not advertised
to the public.
F. The exclusions contained in this section shall not apply to an individual, organization or
activity which is established or undertaken to avoid compliance with this Ordinance.
2.04 Jurisdiction. This Ordinance shall apply throughout all of Hennepin County as follows:
A. A statutory or home rule charter city that maintains a delegation of authority agreement
with the Minnesota Department of Health and/or the Minnesota Department of Agriculture to
regulate food establishments pursuant to Minnesota Statues 145A.07 and/or 28A.075 may either:
1. Elect to enforce this Ordinance or a local ordinance; or
2. Provide verification to Hennepin County of its intention to have the Health Authority
enforce this Ordinance by submitting a resolution ofthe City Councilor authorized City official
to Hennepin County.
B. The Health Authority shall be responsible for enforcing this Ordinance for areas within its
delegation of authority agreement with the Minnesota Department of Health and the Minnesota
Department of Agriculture to regulate food establishments pursuant to Minnesota Statutes
145A.07 and 28A.075. The Health Authority shall also be responsible for enforcing this
Ordinance:
1. In food establishments in cities under the provisions in section 2.04, subpart A., 2., of
this Ordinance; and
2. In food establishments not delegated by the Minnesota Department of Agriculture
pursuant to Minnesota Statutes 28A.075 located within cities maintaining a delegation of
authority agreement with the Minnesota Department of Health pursuant to Minnesota Statutes
145A.07.
SECTION 3: DEFINITIONS.
3.01 Food establishment. "Food establishment" means those establishments defined in
Minnesota Rules 4626.0020, subpart 35, including an establishment that has an on-sale non-
intoxicating malt liquor license; an on-sale intoxicating liquor license; an on-sale wine license
and/or strong beer liquor license issued by the State of Minnesota, the municipality within which
it is located, or Hennepin County. .
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3.02 Health Authority. "Health Authority" means the Hennepin County Human Services
Department and its designated employees, agents, or contractors, as the Hennepin County Board
may designate.
3.03 Other person in charge. "Other person in charge" has the meaning specified in the
Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0100, subpart 10, as
amended from time to time.
3.04 Proprietor. "Proprietor" has the meaning specified by the Minnesota Clean Indoor Air Act
Rules, Minnesota Rules, part 4620.0100, subpart 13; as amended from time to time.
3.05 Smoking. "Smoking" means the inhaling, exhaling or combustion of any cigar, cigarette,
pipe, tobacco product, weed, plant or any other similar article. "Smoking" includes possessing or
carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
SECTION 4: ADMINISTRATION. Except where otherwise specified, this Ordinance is subject
to all provisions ofthe Hennepin County Administrative Ordinance, Ordinance No.1, as may be
amended from time to time.
SECTION 5: RESPONSIBILITIES OF PROPRIETORS.
5.01 Proprietors or other person in charge shall:
A. Post "no smoking" signs that comply with the requirements for sign placement and size of
letters consistent with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part
4620.0500, as may be amended from time to time; and
B. Ask any person who smokes in an area where smoking is prohibited to refrain from
smoking and, if the person does not refrain from smoking after being asked to do so, ask the
person to leave the food establishment.
SECTION 6: ENFORCEMENT.
6.01 Inspections.. Compliance with the requirements of this Ordinance will be verified:
A. As part of a routine food establishment inspection conducted by the Health Authority
pursuant to Hennepin County Ordinance No.3, Food Protection Ordinance;
B. As part of routine food establishment inspection conducted by a statutory or home rule
charter city that maintains a delegation of authority agreement with the Minnesota Department of
Health and/or the Minnesota Department of Agriculture to regulate food establishments pursuaht
to Minnesota Statues 145A.07 and/or 28A.075; or
C. As part of a complaint investigation.
6.02 Access to premises and records. The proprietor or other person in charge shall, upon the
request of the Health Authority and after proper identification, permit access to all parts of the
establishment as often as necessary, and at any reasonable time for the purpose of inspection and
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shall exhibit and allow copying of any and all records necessary to ascertain compliance with
this Ordinance.
6.03 Interference with the Health Authority. No person shall in any way interfere with or hinder
the Health Authority in the performance of duties, or refuse the Health Authority to make such
inspections.
SECTION 7: PENALTY.
7.01 Misdemeanor. Any person who violates this Ordinance, or who permits a violation to exist
on the premises under his/her control, or fails to take action to abate the existence of the
violation(s) within a specified time period, when ordered or notified to do so by the Health
Authority, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as
provided by law. Each day of violation constitutes a separate offense.
7.02 Adverse license action. Violation of any provision ofthis Ordinance by a proprietor or
other person in charge shall be adequate grounds for the denial, refusal to renew, revocation or
suspension of a license to operate a food establishment as determined by the Health Authority.
7.03 Civil remedies. In the event of a violation or a threat of violation of this Ordinance, the
City Attorney or County Attorney may take appropriate action to enforce this Ordinance,
including application for injunctive relief, action to compel performance, or other appropriate
action in court, if necessary, to prevent, restrain, correct, or abate such violations or threatened
violations. The City Attorney or County Attorney enforcing provisions of this Ordinance may
seek costs and dispersements, including attorneys' fees.
7.04 Citations. Whenever the Health Authority discovers a violation of this Ordinance, a
citation may be issued to the person alleged to have committed the violation. The citation shall
be issued to the person charged with the violation, or in case of a corporation or municipality, to
any officer or agent expressly or impliedly authorized to accept such issuance.
SECTION 8: FEES. Fees for Health Authority complaint investigation, verification, and
enforcement of violations ofthis Ordinance in food establishments shall be those established by
resolution, as amended from time to time, of the Hennepin County Board of Commissioners.
SECTION 9: SEPARABILITY. If any provision or application of this Ordinance is held invalid,
that invalidity shall not affect other provisions or applications ofthis Ordinance.
SECTION 10: CAPTIONS. The captions printed in boldfaced type before sections of this
Ordinance are mere catch words to indicate the content of the section.
SECTION 11: EFFECTIVE DATE. After passage by the Hennepin County Board of
Commissioners, this Ordinance shall take effect on March 31, 2005.
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