IV.2. Second Reading of Ordinance 2020-1159; Domeier
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: Amy Domeier, City Clerk
Copy: Mike Mornson, City Manager
Date: December 1, 2020
Subject: Second Reading of Ordinance 2020-1159
_____________________________________________________________________
Staff recommends that the Council approve the following motion: Move that the
Hopkins City Council adopt Ordinance 2019-1159 an Ordinance Amending Chapter 10,
Article XIII of the Hopkins City Code Regarding Tobacco Products for second reading.
Attachments:
Ordinance 2020-1159
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.
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