WORKSHOP ITEM- Cathy Sorensen, City Clerk
Title
AN ORDINANCE AMENDING CHAPTER 42, HEALTH AND SANITATION, ARTICLE II, TOBACCO, DIVISION 1 AND 2 AND ARTICLE X. - LICENSES FOR RENTAL DWELLINGS OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
Background
A new federal law passed in December 2019 making it illegal to sell tobacco products to anyone under the age of 21. This includes e-cigarettes and vaping products. Because this is federal law, it sets a minimum for cities. This means that if states or cities wish to set the minimum age higher than 21, they may, but they cannot set it below 21. If a city’s ordinance says a purchaser must be at least age 18 for tobacco products, the federal law still applies. This code amendment would bring the ordinance in line with federal law.
The FDA also issued a news release on January 2 stating it finalized the enforcement policy on unauthorized flavored cartridge-based e-cigarettes that appeal to children, including fruit and mint. The policy dictates that the banned flavors must not be manufactured, distributed, or sold. The qualifying factor in the statement is that the ban applies only to cartridges of those flavors and does not apply to tank-based vaping systems.
With these two significant changes staff is recommending the League of Minnesota Cities-published model ordinance for Tobacco Possession and Sale. This model was thoroughly researched and developed by LMC staff in collaboration with the Public Health Law Center at Mitchell Hamline School of Law to ensure compliance with State Statute. While there were many changes throughout the model ordinance the main updates are highlighted below:
- Raising the legal purchasing age to 21
- Restricting the sale of flavored tobacco products, including menthol
- Child-resistant packaging for e-cig liquids
- Clarifying administrative penalty procedures
- Prohibiting sampling including smoking, hookah or vapor lounges
- Requiring proof of training regarding selling tobacco products
- Compliance with all building, fire and code violations
- Requiring proof of smoking policy disclosure for rental dwellings
Recommendation
Staff is requesting that Council review the proposed amendments and provide staff final feedback prior to bringing forward at a future Council meeting, at which time all license holders will be notified and provided the opportunity for input.