NOTICE OF A PROPOSED ORDINANCE Laws of Minnesota 2017, Chapter 77, created a new law in Minnesota Statutes, Chapter 415, that would require certain types of notice for many proposed ordinances or proposed amendments to ordinances. Only interim ordinances have been exempted from this notice requirement. Read on to view the proposed ordinance that will be considered at the November 23, 2020, City Council meeting:
Ordinance No. 155, Fourth Series
An Ordinance Amending Section 6.15 Tobacco
THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:
SECTION 1: Section 6.15 of the City Code is hereby amended by deleting the overstruck language and inserting the underlined language.
SECTION 6.15. TOBACCO.
Subd. 1. Definitions. As used in this section, the terms used shall have the following
meanings:
5. " Adult" – a person 18 years of age, or over.
65. “Licensee” – any person lawfully possessing a license to sell, dispense, or give away tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices and shall include any employee, agent, or representative of any person having such a license.
76. "Person" – any individual, corporation, partnership, or other entity.
87. Daycare Facility” – a daycare center as defined in Minnesota Rules 9503.0005, subpart 5, as amended.
98. “Vending Machine” – any mechanical, electrical or electronic, or other type of device which dispenses tobacco, or tobacco-related devices, electronic-delivery, or other form of payment directly or into the machine by the person seeking to purchase the tobacco, or tobacco-related device, electronic-delivery device, or nicotine or lobelia delivery device.
Subd. 3. Restrictions.
B. It is unlawful for any person to sell, dispense, or give away any tobacco, tobacco-related device, electronic-delivery device, or nicotine or lobelia delivery device to any person without first having the person provide a valid form of identification providing proof that the individual is at least 18 21 years of age.
F. All Licensees must comply with all federal and state laws related to the sale of tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products.
Subd. 4. Compliance Checks. Law enforcement officials or persons as designated by the City shall conduct unannounced periodic compliance checks of the premises of all holders of licenses for the sale of tobacco products Licensees to test compliance with age-of sale laws. Compliance checks will be held at least two times per year. These compliance checks may include, but shall not be limited to surveillance, including minors under the age of 18 individuals under the age of 21 who attempt to purchase tobacco products. Compliance checks conducted under this subdivision must involve persons at least 17 years of age, but under the age of 21, who, with the prior consent of a parent or guardian if the person is under the age of 18, attempt to purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products under the direct supervision of a law enforcement officer or a City employee. A finding of non-compliance during the unannounced compliance check will constitute a violation of this chapter.
A law enforcement official or persons as designated by the City shall issue a license violation citation to any license holder found violating any provision of this code Section, or the laws of the State of Minnesota, or Federal law. License suspension or revocation may be instituted following the issuance of a citation or criminal conviction of any officer, director, manager, or other agent, employee, or representative of any licensee.
Subd. 7. Self-service Merchandising. No sale of tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices shall occur from open displays which are accessible to the public without the intervention of the Licensee. This subdivision shall not apply to retail stores that have an entrance door opening directly to the outside and that the sale of cartons of cigarettes by a Licensee who derives at least 90 percent of their gross its revenue from the sale of tobacco, tobacco-related devices, and electronic-delivery devices, or as defined in Section 6.15 subdivision 1 ( 3) nicotine or lobelia delivery devices and where the Licensee ensures that no person younger than 18 21 years of age is present, or permitted to enter, at any time.
Subd. 8. Use and Sampling. Nothing in this Section shall prohibit the sampling of tobacco as provided for in the Minnesota Clean Indoor Air Act, Minnesota Statutes Section 144.4167, subdivision 4, provided that the Licensee ensures that no person younger than 18 21 years of age is present or permitted to enter the premises at any time. This provision shall extend to allow sampling using electronic-delivery devices or nicotine or lobelia delivery devices at licensed establishments deriving at least 90 percent of revenue from electronic-delivery devices or nicotine or lobelia delivery devices according to the same restrictions and limitations. It is prohibited for licensed establishments to provide access to seating in exchange for a fee or any other consideration, including, but not limited to, the purchase of tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices.
Subd. 9. Age Verification and Signage Required.
A. Signage. At each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 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 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 tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 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 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.
Subd. 9 10. Penalties.
A. Administrative penalty for sales and furnishing; Licensees. Any violation of the restrictions attached to the tobacco license, including, but not limited to sale of tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices to any person under 18 21 years of age, shall be cause for Administrative penalty, suspension, revocation, denial, or non-renewal of such license, as well as any civil or criminal remedy available at law. Any suspension or revocation of a license shall be done in conformance with Red Wing City Code
Section 6.03, Subd. 5. Notice of the hearing and the final decision shall be in writing. License violations shall carry the following minimum administrative penalties: $75 300 for the first violation; $200 600 for a second violation at the same location within 24 36 months of the initial violation, and $250 1000 and a minimum 7-day suspension for the third or any subsequent violation within 24 36 months of the initial violation. Nothing in this section prohibits the City from imposing additional penalties, including revocation of license, based upon the circumstances of violation, and the history of license violations at the same location.
B. Penalties for sales and furnishing; Individuals.
1. First offense. Any person 21 years of age or older, who sells, gives or otherwise furnishes tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices to a person under 18 21 years of age shall be charged with a petty misdemeanor for the first violation. The notice and hearing requirements for a licensee shall also apply to any person accused of violating this provision.
2. Subsequent offenses. (a) Any person, 21 years of age or older, who sells, gives or otherwise furnishes tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices to a person under 18 21 years of age a subsequent time within five years of a previous conviction for the same offense is guilty of a gross misdemeanor. (b) Any person who furnishes tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices to a person under 18 21 years of age after conviction for the same offense shall be guilty of a gross misdemeanor for each subsequent violation.
C. Alternative penalties for use of false identification; persons under 21 Minors.
1. Misdemeanor. A person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age, is guilty of a misdemeanor.
2. Petty misdemeanor. A person under the age of 18 years who possesses, smokes, chews, otherwise ingests, or purchases or attempts to purchase tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices is guilty of a petty misdemeanor.
3. 1. A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age, shall only be subject to an alternative civil penalty.
4. 2. Alternative civil penalties. Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to educators, parents, guardians, and person under the age of 21 years to develop alternative penalties for persons under the age Any person under the age of 18 21 who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to years who purchases, possesses or uses tobacco, tobacco-related devices, electronic-delivery devices, or nicotine or lobelia delivery devices shall be tobacco-free education; tobacco cessation programs; community service; and court diversion programs, and for persons under 18 years, notice to schools and parents or guardians. Alternative civil penalties developed shall not include fines or monetary penalties. referred to an alternative juvenile justice system. If no alternative system is available or suitable to the juvenile’s situation, the juvenile shall be subject to a $ 25 administrative penalty. The notice and hearing requirements for a licensee shall also apply to any person accused of violating this provision.
5. 3. Seizure of false identification. A Licensee may seize a form of identification if the Licensee has reasonable grounds to believe that the form or identification has been altered or falsified or is being used to violate any law. A Licensee that seizes a form of identification as authorized under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing it.
Subd. 110. Appeal of Suspension, Revocation, Denial, or Nonrenewal of License.
SECTION 2: Effective Date. This ordinance shall be in full force and effect 14 days after its adoption and publication in accordance with the City Charter.
Introduced the 9th day of November, 2020.