WORKSHOP ITEM- Cathy Sorensen, City Clerk
Title
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
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Executive Summary
City council is asked to provide input on the proposed tobacco ordinance amendment. This item was brought forward for discussion in March 2020 but was delayed as to not further impact tobacco license holders who were dealing with restrictions due to COVID-19. At the time Council supported the proposed amendment but was not supportive of being more restrictive than federal law.
Background
In December 2019 a federal law was passed making it illegal to sell tobacco products to anyone under the age of 21, including e-cigarettes and vaping products, effective January 1, 2020. In March staff brought forward a draft ordinance for council input that would bring the city’s ordinance in line with federal law along with other suggested updates based on the League of Minnesota Cities’ model ordinance, which council supported. This model 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:
- Raising the legal purchasing age to 21
- Limiting the sale of flavored tobacco products, including menthol, to exclusive tobacco shops
- Child-resistant packaging for e-cig liquids
- Updating administrative penalty procedures and allowing for implementation of alternative penalties provided for in statute
- 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
Since then the FDA has 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. The Association for Nonsmokers-MN has reached out to comment that the draft ordinance does not include a full ban of menthol cigarettes and flavored cigars in conjunction with the FDA’s announcement. In addition, they would like to see a cap implemented on the number of tobacco licenses in the city as an additional way to slow access of tobacco products by youth. Some cities such as Bloomington have implemented such a cap through attrition, similar to what Blaine has done for therapeutic massage enterprises. Currently Blaine has 53 active tobacco/tobacco products licenses.
Strategic Plan Relationship
This item pertains to the organizational health strategic priority by providing governance decision making processes that work while supporting businesses and residents alike.
Board/Commission Review
N/A
Financial Impact
N/A
Public Outreach/Input
Should council support the amendments as proposed, staff will provide current tobacco license holders a copy of the draft ordinance for review and input as part of the first/second reading process.
Staff Recommendation
Staff is requesting that council review the proposed amendments and provide staff final feedback prior to bringing forward for formal consideration, at which time all license holders will be notified and provided an opportunity for input.
Attachment List
Proposed ordinance