HomeMy WebLinkAboutNo 1012 Amending Chapter 14, Article XVIII of the City Code Regarding Tobacco-Related ProductsORDINANCE NO. 1012
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XVIII OF THE CITY CODE REGARDING
TOBACCO-RELATED PRODUCTS
The Maplewood City Council ordains as follows:
Section I. The city council of the city of Maplewood hereby amends Chapter 14, Article XVIII of the
Maplewood code of ordinances as follows (additions are underlined and deletions are stricken):
ARTICLE XVIII. - TOBACCO-RELATED PRODUCTS
Sec. 14-1371. - Purpose.
This article is intended to regulate the sale, possession, and use of tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery products to protect the general public against
the serious effects associated with the use of tobacco, tobacco-related devices, electronic delivery devices,
and nicotine or lobelia delivery products, to protect individuals from the hazards of secondhand smoke, and
to further the official public policy of the State of Minnesota as stated in Minn. Stats. §§ 144.391 and
144.412, as may be amended from time to time.
Sec. 14-1372. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
Cigar means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco,
with or without a tip or mouthpiece, that is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3, as
amended from time to time.
Compliance checks means the system the city uses to investigate and ensure that those authorized
to sell licensed products are complying with the requirements of this article. Compliance checks shall
involve the use of persons under the age of 21 who purchase or attempt to purchase licensed product.
Electronic delivery devices means any product containing or delivering nicotine, lobelia, or any other
substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or
vapor from the product. Electronic delivery device includes but is not limited to devices manufactured,
marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank
systems, or under any other product name or descriptor. Electronic delivery device includes any component
part of such a product, whether or not marketed or sold separately. Electronic delivery device excludes
drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and
Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually packaged tobacco and tobacco products shall include, but shall not be
limited to, single cigarette packs, single cigars, 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 in this definition shall not be considered individually packaged.
Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area of the
vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door,
or other physical barrier, whether temporary or permanent. A standard window screen (0.011 gauge with
an 18 by 16 mesh count) is not considered a wall.
Licensed products means the term that collectively refers to any tobacco, tobacco-related device,
electronic delivery device or nicotine or lobelia delivery product.
Loosies means the common term used to refer to a single or individually packaged cigar or cigarette,
or any other tobacco product that has been removed from its packaging and sold individually. The term
"loosies" does not include individual cigars with a retail price, before any sales taxes, of more than $2.60
per cigar.
Minor means any natural person who has not yet reached the age of 18 years.
Moveable place of business means any form of business operated out of a kiosk, truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed-address storefront or other
permanent type of structure authorized for sales transactions.
Nicotine or lobelia delivery products means any product containing or delivering nicotine or lobelia
intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery
device as defined in this section, not including any product that has been approved or otherwise certified
for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction,
or for other medical purposes, and is being marketed and sold solely for that approved purpose.
Retail establishment means any place of business where licensed products are available for sale to
the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores,
restaurants, and drug stores.
Sale means any transfer of goods for money, trade, barter or other consideration.
Sampling means the lighting of tobacco, tobacco products, tobacco-related devices or the activation
of and inhaling of vapor from electronic cigarettes in a retail establishment by a customer or potential
customer for the purpose of sampling the product or device before a purchase.
Self-service merchandising means open displays of licensed products in any manner where any
person shall have access to the licensed products, without the assistance or intervention of the licensee or
the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the
licensed products between the customer and the licensee or employee. Self-service sales are interpreted
as being any sale where there is not an actual physical exchange of the product between the clerk and the
customer.
Smoking means inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any
other tobacco or plant product, or inhaling or exhaling vapor from any electronic delivery device. Smoking
also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or
plant product intended for inhalation.
Tobacco means any product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, or any component, part, or accessory of a tobacco product, including but not limited to
cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
Tobacco excludes drugs, devices, or combination products, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
Tobacco-related devices means cigarette papers or pipes for smoking or other devices intentionally
designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation
of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of
tobacco-related devices which may be marketed or sold separately.
Tobacco or Vape Shop means a retail establishment with an entrance door opening directly to the
outside, with greater than 90% of the shop’s gross revenue obtained from the sale of licensed products,
and which prohibits persons under 21 from entering at all times. Tobacco or vape shop excludes a tobacco
department or section of an individual business with a liquor, food, or restaurant license.
Vending machine means any mechanical, electric or electronic, or other type of device which
dispenses licensed products upon the insertion of money, tokens or other form of payment directly into the
machine by the person seeking to purchase the licensed product.
Sec. 14-1373. - License required.
(a) Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at
retail, offer to sell or otherwise dispose of any licensed products at any place in the city unless a license
has first been issued by the city as provided in this section.
(b) Specifically.
(1) Application. An application for a license shall be made on a form provided by the city. The
application shall contain the full name of the applicant, the applicant's 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.
(2) Action. Upon receipt of a completed application, the city clerk shall forward the application to the
police department for investigation. The police department shall conduct an investigation of the
applicant and application regarding the fitness of the applicant to hold a license pursuant to the
standards set forth in this article, and report the results of its investigation to the city clerk within
30 days of receipt of the application. After the city finishes its investigation and reviews the finding,
the application will be approved or denied by the city manager or his designee. If the application
is approved, it will be issued by the city clerk. If the city manager or his designee denies the
application, notice of the denial shall be given to the applicant along with notification of the
applicant's right to appeal the decision.
(3) Fees. No license shall be issued under this article until the appropriate license or investigation
fee is paid in full. The fee(s) shall be established by the city council from time to time.
(4) Duration. Licenses issued under this division shall have a duration period of one year. The
expiration date of such license is as may be imposed, set, established and fixed by the city clerk,
from time to time.
(5) Transfers. All licenses issued under this article shall be valid only on the premises for which the
license was issued and only for the person to whom the license was issued.
(6) 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 article.
(7) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
(8) Renewals. The renewal of a license issued under this article shall be handled in the same manner
as the original application. The request for a renewal shall be made at least 30 days prior, but no
more than 60 days before the expiration of the current license. The license holder is not entitled
to an automatic renewal of the license.
(9) Sale by minors. It shall be unlawful for any business licensed under this article to allow any
person under the age of 18 years to sell, offer for sale, or attempt to sell licensed products.
Sec. 14-1374. - Basis for denial of license.
The following shall be grounds for denying the issuance of or renewal of a license under this article; if
a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person
was ineligible for the license under this section:
(1) The applicant is under the age of 21;
(2) The applicant has been convicted within the past five years of any violation of a federal, state, or
local law, ordinance provision, or other regulation relating to licensed products.
(3) The applicant has had a license to sell licensed products revoked or suspended within the
preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the application, or provides false or
misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation,
from holding such a license.
(6) Nonpayment by the property owner and/or applicant of any fees or charges owed to the city
and/or county, including, but not limited to, utilities and property taxes.
Sec. 14-1375. - Prohibited sales.
It shall be a violation of this article for any person to sell or offer to sell any licensed product:
(1) To a person under the age of 21;
(2) By means of a vending machine;
(3) By means of self-service merchandising;
(4) As loosies;
(5) Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other
delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances
found naturally in tobacco or added as part of an otherwise lawful manufacturing process; and/or
(6) To any other person, in any other manner or form prohibited by federal or state law or regulation,
or by local ordinance.
Sec. 14-1376. - Smoking prohibited.
Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment
with a tobacco license. Smoking for the purpose of sampling licensed products is also prohibited except for
in tobacco or vape shops originally licensed prior to May 26, 2015. Signage must be posted as directed by
State of Minnesota Administrative Rules.
Sec. 14-1377. - 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. From time to time, but at least once per year, the city shall conduct
compliance checks by engaging with persons of at least 17 years of age but less than 21 years of age to
enter the licensed premise to attempt to purchase licensed products. Prior written consent of a parent or
guardian is required for any minor to participate in a compliance check. Persons participating in compliance
checks shall be supervised by designated law enforcement officers or other designated city personnel.
Persons conducting compliance checks shall be exempt from any applicable restriction on possession of
licensed products when those items are obtained as a part of the compliance check. No person conducting
compliance checks shall attempt to use a false identification misrepresenting their age, and all persons
lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee
or their employees and shall produce any identification, if any exists, upon request.
Sec. 14-1378. - Violations and penalty.
(a) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as
a misdemeanor for any alleged violation of this article.
(b) Administrative penalties.
(1) Licensees. If a licensee or employee of a licensee sells, gives, or otherwise furnishes licensed
products to a person under the age of 21 years, or violates any other provision of this chapter,
the licensee shall be charged an administrative penalty of $300 for the first violation. An
administrative penalty of $600 must be imposed for a second violation at the same location
within 36 months after the initial violation. For a third or any subsequent violation at the same
location within 36 months after the initial violation, an administrative penalty of $1,000 must be
imposed, and the licensee's authority to sell licensed products at that location must be suspended
for not less than seven days and may be revoked. No suspension, revocation, or other penalty
may take effect until the licensee has received notice, served personally or by mail, of the alleged
violation and an opportunity for a hearing before the City Council. A subsequent decision by the
City Council that a violation has occurred must be in writing.
(2) Other individuals. An individual who sells, gives, or otherwise furnishes licensed products to a
person under the age of 21 years may be charged an administrative penalty of $50. No penalty
may be imposed until the individual has received notice, served personally or by mail, of the
alleged violation and an opportunity for a hearing before the City Council. A subsequent decision
by the City Council that a violation has occurred must be in writing.
(3) Under 21. Persons under 21 found in unlawful possession of or who unlawfully purchase or
attempt to purchase licensed products, may be subject to tobacco-related education classes,
diversion programs, community services, or another penalty that the city believes will be
appropriate and effective.
(4) Statutory penalties. If the administrative penalties authorized to be imposed by Minn. Stats. §
461.12, as it may be amended from time to time, differ from those established in this section, then
the higher penalties shall prevail.
Sec, 14-1379. - Age verification and signage required.
(a) Signage. At each location where licensed products are sold, the licensee shall display a sign in plain
view to provide public notice that selling any of these products to any person under the age of 21 is
illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed
establishment and shall be readily visible to any person who is purchasing or attempting to purchase
these products. The sign shall provide notice that all persons responsible for selling these products
must verify, by means of photographic identification containing the bearer's date of birth, the age of
any person under 30 years of age.
(b) Age verification. At each location where licensed products are sold, the licensee shall verify, by means
of government-issued photographic identification containing the bearer's date of birth, that the
purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not
required if the purchaser or person attempting to make the purchase is 30 years of age or older. It
shall not constitute a defense to a violation of this subdivision that the person appeared to be 30 years
of age or older.
Sec. 14-1380. - Severability.
If any section or provision of this ordinance is held invalid by a court of competent jurisdiction,
such invalidity shall not affect any other section or provision and each shall be applied to the fullest extent
without the invalidated section or provision.
Secs. 14-1381—14-1400. - Reserved.
Section II. This ordinance shall be effective on August 1, 2020 following its adoption and publication.
Approved by the city council of the city of Maplewood this 27th day of July, 2020.
Marylee Abrams
Mayor
Attest:
Andrea Sindt
City Clerk