Workshop Item - Cathy Sorensen, City Clerk
Title
Title
An Ordinance Amending Chapter 42, Health and Sanitation, Article II, Tobacco, Division 1 and 2, Article X. - Licenses for Rental Dwellings, and Consideration of Adding Article IV, Edible Cannabinoid Products of the Municipal Code of the City of Blaine
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Background
Tobacco
Over several workshops staff has reviewed the League of Minnesota Cities’ model ordinance that was drafted in collaboration with the Public Health Law Center at Mitchell Hamline School of Law to ensure compliance with State Statute. While there are many changes throughout the draft ordinance, the main points are highlighted below:
- Raises the minimum sales age to 21 to match law
- Increases penalties for establishments that sell tobacco to those under 21
- Removes penalties for underage possession, purchase, and use of tobacco products to match law
- Requires compliance check individuals to be between 17 and 20 years old
- Updates definitions, including flavored tobacco products
- Restricts the sale of flavored tobacco products, including menthol, to exclusive tobacco shops only
- Requires child-resistant packaging for e-cig liquids
- Restricts sampling except as allowed by statute in exclusive tobacco shops
- Requires proof of training regarding selling tobacco products
- Compliance with all building, fire, and code violations
- Requires proof of smoking policy disclosure for rental dwellings
The proposed changes all work towards limiting the exposure and appeal of tobacco and flavored tobacco products to youth. The City already has a policy in place that limits tobacco use in City parks.
In April, the FDA announced their intention to ban menthol cigarettes and flavored cigars, which would dictate that banned flavors must not be manufactured, distributed, or sold by retailers, with the goal to have this rule passed sometime in 2023. The Association for Nonsmokers-MN has commented that the draft ordinance does not include a full ban of menthol cigarettes and flavored cigars in response to the FDA’s announcement, adding that since full implementation of a ban could realistically take years due to the complicated rulemaking process and potential litigation, local bans are being requested. Based on past Council direction that amendments are not more restrictive than federal regulations, the proposed ordinance does not include an overall flavor ban at this time. If and when the FDA implements a formal ban, staff will bring forward the appropriate amendments.
Concerns shared by the Coalition of Neighborhood Retailers included the potential for a decrease in overall sales should restrictions greater than federal regulations occur, as this action could take away from the sale of gasoline and other non-tobacco related items as customers would likely purchase from outside the city. In addition, the Association shared their request that the City implement a cap on the number of tobacco licenses allowed as an additional way to slow access of tobacco products by youth. Council consensus at the last workshop was to delay consideration of a potential cap until the City was fully developed.
Council comments from past workshops included the need to focus on decreasing vaping as it was more popular with youth but not to implement restrictions greater than federal law. Council also commented on not creating winners/losers by implementing restrictions greater than federal law but instead focus on enforcement and create harsher penalties for license holders who fail compliance checks, similar to staged penalties used in alcohol compliance, up to and including revocation and increased fine to clerks who actually conduct the sale. Increased penalties have been incorporated based on the revised Statute. Discussion was also held on the requirement of ID scanners; the City currently offers a license fee reduction to licensees who provide proof of utilizing such scanners.
Edible Cannabinoids
A new law was enacted at the end of the 2022 legislative session that allows certain edible and beverage products infused with tetrahydrocannabinol (THC) to be sold. Since enactment of the law, staff has been working on how the City could potentially regulate the sale of these products, if the Council so chooses, while ensuring measures are in place to restrict access of these products to youth, protect the health, safety, and welfare of the public, and ensure
that edible cannabinoid products are sold in accordance with State law. After discussion earlier this year with Council, staff is bringing forward draft language that would create a licensing structure to allow the sale of edible cannabinoids. Licensing in this manner would provide regulation by restricting youth access, allow for compliance checks and product verification, confirm qualifications for license holders through an application and background process, establish inspection and testing requirements, and potentially limit the number of licenses if the Council chose. Highlights of this ordinance will include:
- Assurance of minimum sales age of 21 by licensing only exclusive cannabinoid/tobacco stores
- Penalties for establishments that sell tobacco to those under 21
- Compliance checks, including meeting all packaging requirements
- Compliance with all building, fire, and code requirements
- Vending machines/transient merchant sales not allowed
Council had requested that staff research licensing that has occurred in other states but as it is difficult to compare Minnesota law with that from other states, staff is bringing forward this language that complies with current Minnesota law and consistent with what other Minnesota cities have adopted. With the increasing possibility of the legalization of cannabis, this ordinance would meet current state law and then could be amended/removed should that legalization occur.
Staff Recommendation
Staff is requesting comment on the final proposed tobacco license amendments and proposed edible cannabinoids ordinance.
Attachment List
Proposed ordinance amendments