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VII.7. First Reading Ordinance Amending Chapter 10, Article XIII of the Hopkins City Code Regarding Tobacco Products; Domeier November 17, 2020 Council Report 2020-085 ORDINANCE AMENDING CHAPTER 10, ARTICLE XIII OF THE HOPKINS CITY CODE REGARDING TOBACCO PRODUCTS Proposed Action Staff recommends adoption of the following motion: Move to adopt for first reading Ordinance 2020-1159 An Ordinance Amending Chapter 10, Article XIII of the Hopkins City Code Regarding Tobacco Products. Overview The proposed ordinance updates the compliance checks section to mirror the recently revised statutory requirement. This ordinance is intended to make the code consistent with the state law. Primary Issues to Consider  A copy of the ordinance was not mailed to Hopkins establishments currently licensed to sell tobacco and tobacco related products as notice is only required for “substantial” code revisions. This revision simply brings our code into compliance with state law. Supporting Documents  Proposed Ordinance 2020-1159 Amy Domeier, City Clerk Financial Impact: $____________Budgeted: Y/N ____ Source: ________________ Related Documents (CIP, ERP, etc.): _______________________________________ 2 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2020-1159 ORDINANCE AMENDING CHAPTER 10, ARTICLE XIII OF THE HOPKINS CITY CODE REGARDING TOBACCO PRODUCTS WHEREAS, on May 16, 2020, Governor Walz signed into effect a new law which amended the statutory requirements for tobacco licensing authorities as it relates to annual compliance checks; and WHEREAS, the amendment, contained in Minnesota Statutes, section 461.12, subd. 5, requires at least one annual compliance check involving individuals between 17-20 years of age; and WHEREAS, the City desires to amend its city code for the purpose of making it consistent with the requirements contained in the aforementioned statutory amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-466 of the Hopkins City Code is hereby amended to add the double- underlined language and delete the stricken language as follows: Sec. 10-466. – Compliance checks and inspections All licensed premises (tobacco sales or vaping establishment) 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 additional compliance checks at the discretion of law enforcement, or 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. (1) Use of minor person 17-20 years of age. At least one annual compliance check shall be conducted by engaging, with written consent of parents or guardians of minors, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices, or to sample or vape e- cigarettes with persons at least 17 years of age, but under the age of 21, who attempt to purchase tobacco, tobacco products, tobacco-related devices, or to sample or vape e- cigarettes. a. All persons used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. b. All persons 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. 3 c. No person used in compliance checks shall attempt to use a false identification misrepresenting the person’s age. All persons lawfully engaged in a compliance check shall answer all questions about the person’s age asked by the licensee, agent or employee and shall produce identification, if in the person’s immediate possession. (2) Failure of compliance check. If a retail establishment fails a compliance check, a follow- up, unannounced compliance check shall be made within six months or before the end of the calendar year. (3) Results of compliance checks. Results of the compliance checks shall be reported to the city council annually. SECTION 2. The effective date of this ordinance shall be the date of publication. First Reading: November 17, 2020 Second Reading: December 1, 2020 Date of Publication: December 10, 2020 Date Ordinance Takes Effect: December 10, 2020 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk