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8.1. SR 01-05-2015 City of Elk Request for Action River To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by Public Hearinj 5, 2015 Tina Allard, City Clerk Item Description Reviewed by ■ Ordinance Amendment:Tobacco Licensing Cal Portner, City Administrator and Resolution for Summary Publication of Reviewed by Ordinance Scott Baumgartner, City Prosecutor Action Requested 1. Adopt,by motion,an ordinance amending tobacco regulations. 2. Adopt,by motion,a resolution to allow summary publication of the ordinance. Background/Discussion E-cigarettes (e-cigs) have risen in popularity in recent years. They are battery-operated devices designed to deliver nicotine, flavor, and other chemicals as an aerosol that is inhaled by a user. There have been questions as to how e-cigs affect health and safety. The Food and Drug Administration website states e-cigarettes have not been fully studied, so consumers don't know the potential risks of e- cigs, how much nicotine or other potentially harmful chemicals are being inhaled during use, or whether there are any benefits associated with these products. In spring 2014, the legislature passed new regulations to address the sale and use of electronic delivery devices in Minnesota. The attached draft ordinance incorporates these changes along with come housekeeping to clean up the ordinance. Changes to note: • Electronic delivery device defined. • Nicotine and electronic delivery devices incorporated throughout the tobacco licensing ordinance;a license would be required to sell these products and would be subject to compliance checks. • Electronic delivery devices cessation products approved by the US Food and Drug Administration can be sold to minors and a license is not required. • Child resistant packaging standards for electronic delivery devices defined and take effect in January of 2015. • The penalty section is more specific to the type of offense committed. • Grounds for denial/revocation section amended to include license suspensions. State law requires the city to give tobacco licensee's 30 days'notice of changes to the tobacco ordinance. All licensees received notice and a draft copy of the ordinance. P a w E R E U 6 Y Template Updated 4/14 INIM UREI Items to Note (not incorporated in the draft ordinance Cities are allowed to be more restrictive than state law in regards to tobacco regulation. Below are items a few cities have been implementing in recent months: • The definition of sampling in state law is vague. Some communities see tobacco shops used as smoking lounges. Elk River's ordinance states a tobacco shop in a multi-tenant facility wanting to allow sampling would have to install a separate ventilation system. Some cities are banning sampling completely. Others may view this as an issue that should remain between the building owner and their tenants. • Not allowing e-cigs in public places, such as restaurants (similar to the law regarding the use of tobacco per the Minnesota Clean Indoor Air Act).Also if businesses wanted to,they can prohibit the use of e-cigs in their establishment. • Regulation of pricing to discourage young people from being able to afford certain tobacco products. Financial Impact Staff is requesting summary publication of the ordinance in order to save on publication costs. Attachments • Ordinance • Resolution • News Articles N:\Public Bodies\Agenda Packets\01-05-2015\Final\x8.1 sr Tobacco.docx �j to be removed Underlines to be added City of Elk -m"' -� River Ordinance 14 - An Ordinance Amending Section, Section 26 Article II, Tobacco of the City of Elk River, Minnesota, City Code Relating to E-Cigarette Licensing The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That§ 26-31, Definitions shall be amended to read as follows: The following words, terms and phrases,when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco,tobacco products,aid tobacco-related devices, nicotine, or electronic delivery devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by thAais article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco,tobacco products,er tobacco-related devices,nicotine, or electronic delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products,aid tobacco-related devices,nicotine, or electronic delivery devices. Electronic Delivery Device means an product containing or delivering nicotine,lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product that is not tobacco as defined in this section,whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment,harm education or for other medical purposes,and is being marketed and sold solely for that approved purpose. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, 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 article shall not be considered individually packaged. Loosies is the common term used to refer to a single or individually packaged cigarette. 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. Retail establishment means any place of business where tobacco, tobacco products,Cr tobacco- related devices, nicotine, or electronic delivery devices are available for sale to the general public. P 9 1 E I 1 0 8 ATUR Last Updated March 2014 INI to be removed Underlines to be added Retail establishments shall include, but not be limited to,grocery stores, convenience stores, and restaurants. Sale means any transfer of goods for money, trade,barter, or other consideration. Self-service merchandising means open displays of tobacco,tobacco products,or tobacco-related devices, nicotine, or electronic delivery devices in any manner where any person shall have access to the tobacco,tobacco products,er tobacco-related devices, nicotine, or electronic delivery devices 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 tobacco,tobacco product,er tobacco- related device,nicotine, or electronic delivery device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Tobacco and tobacco product mean any substance or item containing tobacco leaf,including but not limited to: cigarettes; cigars; cheroots; stogies;periques;granulated,plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff; snuff flowers; cavendish;plug and twist tobaccos; fine cut and other chewing tobaccos; shorts;refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco prepared in such a manner as to be suitable for smoking, chewing, absorbing, dissolving, inhaling snorting ingesting, sniffing, smoking in a pipe or other tobacco-related devices. Tobacco products shop means a place of business that derives more than 90 percent of its gross revenue from the sale of tobacco and tobacco products or tobacco-related devices and in which the sale of other products is merely incidental. Tobacco-related device means any tobacco products as well as a pipe,rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, inhalation of vapors or smoking of tobacco or tobacco products. Vending machine means any mechanical, electric or electronic or other type of device which dispenses tobacco,tobacco products,or-tobacco-related devices,nicotine, or electronic delivery devices upon the insertion of money,tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco,tobacco product, or tobacco-related device,nicotine, or electronic delivery device. SECTION 2. That § 26-32, Purpose of article shall be amended to read as follows: Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain,possess, and use tobacco,tobacco products,a-ffd tobacco-related devices, nicotine,and electronic delivery devices, and that such sales,possession, and use are violations of both state and federal laws, and because studies,which are hereby accepted and adopted,have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking, and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government,this article shall be intended to regulate the sale,possession, and use of tobacco,tobacco products,arm tobacco-related devices, nicotine, or electronic delivery devices for the purpose of enforcing existing laws, to protect minors against the serious effects associated with the illegal use of tobacco,tobacco products,a-ftd tobacco- related devices, nicotine, or electronic delivery devices and to prevent young people from starting to smoke as stated in Minn. Stats. � 144.391. P 9 W I R 1 0 8 v'AUR Last Updated March 2014 to be removed Underlines to be added SECTION 3. That � 26-33, Responsibility of licensee for acts of employees shall be amended to read as follows: All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products,or tobacco-related devices, nicotine, or electronic delivery devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. SECTION 4. That §26-35, Compliance checks shall be amended as follows: (a) Authori.Zed. From time to time,but at least once per year, the city shall conduct unannounced compliance checks at each location where tobacco,tobacco related devices, nicotine, or electronic delivery devices are is sold to test compliance with Minn. Stats. § 609.685 and 609.6855. (b) Use of minors to conduct check r. (1) The city shall conduct compliance checks by engaging,with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco,tobacco products,er tobacco-related devices, nicotine, or electronic delivery devices. (2) Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. (3) Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase or the unlawful possession of tobacco,tobacco products,Cr tobacco- related devices, nicotine, or electronic delivery devices when such items are obtained or attempted to be obtained as a part of the compliance check. (4) No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his employee,and shall produce any identification,if any exists, for which he is asked. (c) State and federal compliance checks. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. SECTION 5. That§26-36 Exceptions and defenses shall be amended as follows: Nothing in this article shall prevent the provision of tobacco,tobacco products,Cr tobacco- related devices, nicotine, or electronic delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to a violation of this article for a person to have relied in good faith upon proof of age as described in Minn. Stats. 340A.503, subd. 6. The penalties in section 26-73 do not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco,tobacco related devices or electronic delivery devices P 0 W I R 1 0 8 v'AUR Last Updated March 2014 ltI to be removed Underlines to be added while under the direct supervision of a responsible adult for training, education,research, or enforcement purposes. A product containing or delivering nicotine intended for human consumption, or my part of such a product, that is not tobacco or an electronic delivery device, as defined by section 26-31, may be sold to persons under the age of 18 if the product 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. SECTION 6. That §26-37 Violations relating to underage persons shall be amended as follows: (a) Illegal sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product,or-tobacco-related device,nicotine, or electronic delivery devices to any person under the age of 18 years. (b) Illegal possession. It shall be a violation of this article for any minor to have in his possession any tobacco,tobacco product,o�tobacco-related device, nicotine, or electronic delivery devices. This subsection shall not apply to minors lawfully involved in a compliance check. (c) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or otherwise use any tobacco,tobacco product,oi�-tobacco-related device, nicotine, or electronic delivery devices. (d) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco,tobacco product,oi�-tobacco-related device,nicotine, or electronic delivery devices and it shall be a violation of this article for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,tobacco product,oi�-tobacco-related device, nicotine, or electronic delivery devices. This subsection shall not apply to minors lawfully involved in a compliance check. (e) Use of falre identification. It shall be a violation of this article for any minor to attempt to disguise his true age by the use of a false form of identification,whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. SECTION 7. That §26-38 Vending machines shall be amended as follows: It shall be unlawful for any person to sell tobacco,tobacco products, or tobacco-related devices, nicotine or electronic delivery devices by the means of a vending machine, except in a licensed tobacco products shop. SECTION 8. That §26-39 Self-service sales shall be amended as follows: (a) Single packages. (1) It shall be unlawful for a licensee under this article to allow the sale of single packages of cigarettes, or ss tobacco,tobacco related devices,nicotine, or electronic delivery devices in open displays where the customer may have access to such items without having to request the item from the licensee or the licensee's employee and there is not a physical exchange of the single package of cigarettes,tobacco, tobacco related device,nicotine, or P 0 w E R E 0 e r � Last Updated March 2014 to be removed Underlines to be added electronic delivery device or single package of smokeless tobacco between the licensee or his clerk and the customer. (2) Any retailer selling single packages of the items described in Subsection (a)(1) of this Section, Imokeless tobacco at the time of adoption of the ordinance from which this article is derived shall comply with this section within 30 days. (b) Cartons and multipack units. (1) Cartons and other multipack units of packages of cigarettes may be offered and sold through open displays accessible to the public. (2) Subsection (b)(1) of this section will expire upon the effective date and implementation of Code of Federal Regulations title 21,part 897.16(c). SECTION 9. That §26-41 Sale of electronic delivery device; packaging shall be added as follows: (a) For purposes of this section, "child-resistant packaging' is defined as set forth in Code of Federal Regulations, title 16, section 1700.15(�b (1), as in effect on-January 1, 2015,when tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. (b) The sale of any liquid,whether or not such liquid contains nicotine, that is intended for human consumption and use in an electronic delivery device, as defined in section 26-31, that is not contained in packaging that is child-resistant,is prohibited. All licensees under this chapter must ensure that any liquid intended for human consumption and use in an electronic delivery device is sold in child-resistant packaging. (c) A licensee that fails to comply with this section is subject to administrative penalties under section 26-73 SECTION 10. That §26-66 Term shall be amended as follows: All licenses issued under this division shall be valid for one calendar year.All licenses shall expire on December 31" of the year in which they were issued. SECTION 11. That §26-67 Required shall be amended as follows: No person shall sell or offer to sell any tobacco,tobacco products,Cr tobacco-related devices nicotine, or electronic delivery devices without first having obtained a license to do so from the city. SECTION 12. That §26-69 Grounds for denial,or revocation, suspension shall be amended as follows: (a) All license applications under this division shall be made to the city clerk and referred to the chief of police and such other municipal departments or offices as the city clerk deems necessary for verification and investigation of the facts set forth in the application. The chief of police and other department heads or officers consulted shall submit their reports and recommendations to the city clerk. P 9 W I R I U H v'AUR Last Updated March 2014 ltI to be removed Underlines to be added (b) The existence of any particular ground for denial,or revocation, or suspension does not mean that the city must deny,or revoke, or suspend the license. 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. (c) The council shall have the discretion to consider,in granting, denying,revoking, suspending, or renewing a license,any reasonable facts or circumstances relating to public health, safety, and welfare,including but not limited to the following: (1) The applicant is under the age of 18 years. (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 tobacco,tobacco products,or tobacco-related devices,nicotine, or electronic delivery devices. (3) The applicant has had a license to sell tobacco,tobacco products,or tobacco-related devices nicotine, or electronic delivery devices revoked or suspended within the preceding three years 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 local law, ordinance, or other regulation, from holding such a license. (6) Any taxes or utility bills for the premises for which the license will be issued are delinquent. (7) Failure to pay the yearly application fee. (d) Where a reasonable basis is found by the council to impose reasonable restrictions on the license, taking into consideration one or more of the facts or circumstances,the council may upon issuance or renewal of a license impose such reasonable conditions and restrictions on the manner and circumstances under which the licensed activity shall be conducted to preserve the public peace and protect and promote good order and security. (e) Failure of any person to comply with any of the ordinances of the city or the laws of the state shall be grounds for denying,or revoking or suspending a license granted under this division. If a license is proposed to be denied,or revoked or suspended by the city council, the city must notify the applicant with the reason(s). The applicant shall be allowed an opportunity for a hearing pursuant to chapter 38, article II of this Code. SECTION 13. That §26-71 No transfers shall be amended as follows: (a) All licenses issued under this division shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid. Relocation or sale of the business shall require the approval and issuance of a new license. (b) Transfer of 25 percent or more of the ownership interest of a business entity, or of a controlling interest of it,whichever is less,will be deemed a sale of the business. If the licensee is a business entity that is wholly owned by another entity,the same provisions about the transfer of ownership or a controlling interest will apply to the parent entity and any second parent entity that wholly owns the parent entity. P 0 W I R 1 0 8 v'AUR Last Updated March 2014 ltI to be removed Underlines to be added (c) A sale of the business as defined in this section without the approval and issuance of a new license shall result in the unlicensed sale of tobacco,tobacco products,aftd tobacco related devices, nicotine, or electronic delivery devices, as the case may be. Transfer of this amount of ownership interest without prior council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining council approval will be a separate violation of this article. SECTION 14. That §26-73 Penalty shall be amended as follows: (a) Licensees. Any licensee found to have violated this article, or whose employee has violated this article, shall be charged an administrative penalty of$75.00 for a first violation of this article, $200.00 for a second offense at the same licensed premises within a 24-month period, and $250.00 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. (b) Othei�peiosow. Other itidividuals, other thaft nainors, found to be in violation of this article sh be charged an adtnitiistrative peiialty of$50.00. (b) Penal to sell. 1. Whoever sells tobacco,tobacco products,tobacco-related devices, a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product that is not tobacco, or an electronic delivery device as defined by Section 26-31,to a person under the age of 18 years is guilty of a misdemeanor for the first violation.Whoever violates this article a subsequent time within five years of a previous conviction under this article is guilty of a gross misdemeanor subject to the exceptions and defenses set forth in Section 26-36. (c) Other o,fenses. 1. Whoever furnishes tobacco,tobacco-related devices, nicotine, or electronic delivery devices, to a person under the age of 18 years,is guilty of a misdemeanor for the first violation. Whoever violates this article a subsequent time within five years of a previous conviction under this article is guilty of a gross misdemeanor. 2. A person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco-related devices, a 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 by Section 26-31, 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. _�d) Petty Misdemeanor. Except as otherwise provided in subdivision c,a person under the age of 18 years,who possesses, smokes, chews, or otherwise ingests,Purchases, or attempts to purchase tobacco,tobacco-related devices, nicotine, or electronic delivery devices,is guilty of a petty misdemeanor. purchase,tobacco,tobacco 3 or tobacco related devices, devices, shaR be prosecuted accorditig to state law and be required to complete tobacco relate educatioti classes, diversion programs, or commuti" • POWERED 0 v'AUR Last Updated March 2014 ltI to be removed Underlines to be added ffl{d}Notice. No penalty or suspension may take effect until the licensee or other individual has received notice, served personally by mail, of the alleged violation and of the opportunity for a hearing pursuant to chapter 38, article II. {O Prosecution of violation as misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article or state law. If the city elects to seek misdemeanor prosecution, such action shall not prohibit an administrative penalty from also being imposed. Unless otherwise noted, anv Any person violating any provision of this article or of any other law shall be guilty of a misdemeanor,and upon conviction shall by subject to the penalties for a misdemeanor as prescribed by state law. Each day a violation continues shall be considered a separate misdemeanor offense punishable by a separate misdemeanor penalty.A fine or sentence imposed does not affect the right of the city to suspend or revoke the license of the licensee as the city council deems appropriate. SECTION 15. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 5th day of January, 2015. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk P a w E R E R R Y YAVR Last Updated March 2014 lt ' I City of Elk ,:: River Councilmember introduced the following resolution and moved its adoption: Resolution 15- A Resolution of the City of Elk River Approving Notice of Summary Publication of Ordinance #15- an Ordinance Amending Section 26 Article II of the Tobacco Ordinance Relating to E-Cigarette Licensing WHEREAS, on January 5, 2015, the Elk River City Council adopted Ordinance 15- amending Section 26,Article II, of the Elk River Code of Ordinances;and WHEREAS, Ordinance 15--is lengthy for publication and state law allows for a summary of the ordinance to be published; and WHEREAS, the summary of Ordinance 15- amending the tobacco ordinance is as follows ■ Electronic delivery device defined. ■ Nicotine and electronic delivery devices incorporated throughout the tobacco licensing ordinance;a license would be required to sell these products and would be subject to compliance checks, ■ Electronic delivery devices cessation products approved by the US Food and Drug Administration can be sold to minors and a license is not required to sell them. ■ Child resistant packaging standards for electronic delivery devices defined and to take effect January 2015. ■ Penalty section is more specific to the type of offense committed. ■ Grounds for denial/revocation section amended to include license suspensions. WHEREAS, a copy of the full text of the ordinance is available for inspection by any person at the office of the Elk River City Clerk, 13065 Orono Parkway, during regular business hours; and NOW, THEREFORE, BE IT RESOLVED by the City Council,by at least four-fifths vote, authorizes the publication of the title and summary of Ordinance 15- . The motion for adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon,the following voted in favor thereof- and the following against: ,whereupon said resolution was declared duly passed and adopted. The following members were present: and the following absent: P O W E R E D 0 Y 1`4 f U Passed and adopted this 5"'day of January 2015. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk POWERED 0Y 1`4 U 11/13/2014 St.Paul OKs ordinance targeting sale of cheap cigars I Star Tribune xStarTribune St. Paul bans sale of cheap ciggars, hoping to curb appeal to youtFi Article by: Paul Walsh and KEVIN DUCHSCHERE Star Tribune staff writers August 29. 2014 - 12:09 AM Over the objections of retailers. St. Paul has approved an ordinance that targets the sale of inexpensive cigars that appeal to young smokers. The ordinance. passed unanimously Wednesday by the City Council. sets a minimum price of $2.10 each for single cigars. whether sold individually or in packs up to four; for example. a three-pack would have to sell for at least $6.30. Packs of five or more cigars would not be subject to price regulation. Currently. cigars can be bought for far less — sometimes for as little as three for$1 and in flavors that make them particularly appealing to young people. In June. Brooklyn Center became the first municipality in the state to pass such an ordinance. The city has seen a sharp decline in cigar sales since the ordinance took effect. "This issue is about the underlying problem of the tobacco companies' intentional marketing to youth and communities of color." Council Member Dal Thao said during last week's hearing on the ordinance. which he sponsored. Jack McNaney. a freshman at Cretin-Derham Hall High School in St. Paul and a member of the Ramsey Tobacco Coalition. said. "It's not right that you can buy three cigarillos for less than the price of a bottle of Mountain Dew." Alicia Leizinger. a coalition program and policy specialist. said Thursday that "St. Paul has taken a strong stand against the tobacco industry's relentless efforts to addict young people to their deadly products. By raising the price of cheap cigars. they took an important step in breaking the cycle of addiction for the next generation." A state Health Department survey revealed that cigars rival cigarettes in popularity among underage smokers. Steve Rush. director of government relations for Holiday convenience stores. countered last week that the ordinance `Will cause us to remove about 70 categories of cigar products"from its 10 stores in the city. "The loss of these sales can be quite serious." Rush added. Tom Briant. executive director of the National Association of Tobacco Outlets. added that the ordinance will punish retailers in St. Paul. where stores have a "virtually perfect compliance" record of not selling tobacco products to minors. "Consumers who are of legal age to buy cigars will simply go elsewhere." Rush said. "This is simply harming the honest. ethical St. Paul retailers who are enforcing the law." St. Paul retailers have about 30 days to change the prices on cigars covered by the ordinance. In 2009. a unanimous City Council vote outlawed candy cigarettes and cartoon character lighters. The council cited a study showing that these products encouraged youngsters to take up smoking tobacco. kduchschere @startribune.com -612-673-5035 pwalsh @startribune.com - 612-6734482. ©2014 Star Tribune hUp://www.startribune.comAifestylelhealtW273072601.html 111 11/13/2014 Savage heading for ban on hookah lounges.e-cigarettes I Star Tribune x StarTribune Savage heading for ban on hookah lounges, e-cigarettes R Article by: Erin Adler Star Tribune September 23. 2014 - 3:00 PM Savage has decided to keep things simple. taking steps to limit two increasingly common but ambiguous forms of smoking. Officials are drafting an ordinance that will ban electronic cigarettes. also called a-cigs. in the same places that smoking tobacco is banned under the Minnesota Clean Indoor Air Act. That means a-cigs won't be allowed in places like restaurants. buses. In Savage. electronic cigarettes. like the one shown above.will be banned in areas covered by the Minnesota Clean Indoor Air stores. offices or day-care centers. Act. Associated Press. The city also wants to prohibit sampling. the umbrella term for any smoking that happens on-site at a hookah lounge, smoke shop or e-cigarette store. The City Council will vote on the measure at the Oct. 6 meeting. In recent years. many cities have struggled with how to regulate new ways of smoking as the practices grow. "E-cigarettes are still in that no man's land" in which no one knows -WN tt what to do with them. said Sarah Schwarzhoff. Savage's assistant attorney. Last fall. many cities passed a moratorium on e-cigarettes. then waited to see what the Legislature would do. Legislators banned e- cigs in some public places. including government buildings. public schools. day cares and most health facilities. but stopped short of treating them like actual cigarettes. Savage passed a similar one-year moratorium last February to evaluate its policies. That moratorium also included hookah lounges. cigar shops and a-cig stores. At a recent City Council work session, council members gathered to discuss ending the moratorium. along with possible approaches to dealing with a-cigs and sampling. They also explored regulating t the price of certain tobacco products. Currently. under`sampling' rules. smoking cigars or 'vaping' e- cigarettes at a store is legal in Minnesota. as is hookah smoking at a lounge. An electronic cigarette with a nicotine liquid.which is heated by Show and tell a rechargeable battery. Emma Fidel-Associated Press. At the meeting. Chris Farmer-Lies. a representative from the Association for Nonsmokers-Minnesota. passed around "little cigars." Some cities. such as Brooklyn Center. have recently set a hefty minimum price for them. hoping to discourage youth from smoking the cheap. fruit-flavored tobacco product. http:1t www.startribune.comAocal/souttV276784991.htmi 112 11113/2014 Savage heading for ban on hookah lounges.e-cigarettes i Star Tribune Farmer-Lies also showed council members a hookah. a water pipe that several people can use at once to smoke flavored tobacco. Hookahs. once used mostly by people of Middle Eastern descent. are now popular with college students. Farmer-Lies said. And one 90-minute hookah session can be as harmful as smoking 200 cigarettes. he added. Mayor Janet Williams asked if a ban could be considered discriminatory. "It's a cultural thing." Schwarzhoff said. so a hookah lounge ban would likely affect certain groups more than others. But from a legal perspective. it couldn't be considered discriminatory unless hookah lounges— as opposed to cigar or a-cig shops— were singled out. Council member Ai McColl said he wanted to keep things simple. prohibiting all a-cig use in places where smoking is banned and prohibiting sampling. All council members agreed. However. the city shouldn't get into regulating the price of little cigars. said council member Gene Abbott. Harmful or helpful? E-cigs are battery-powered devices that vaporize a liquid solution that users inhale in a process called "vaping." The liquid usually contains nicotine and is available in many flavors. Because users inhale vapor. not smoke. e-cigarettes have been billed as a healthier. cleaner and less intrusive alternative to cigarettes. Some contend that e-cigs can be used to help people quit smoking conventional cigarettes. Others say more needs to be learned about their effects. A 2013 study conducted by the U.S. Centers for Disease Control and Prevention linked smoking e-cigs with future cigarette smoking. More than 250.000 youth who had never smoked a cigarette used e-cigs in 2013. the study found. up from 79.000 in 2011. Among nonsmoking youth who had tried e-cigs. 44 percent said they intended to smoke conventional cigarettes in the next year. compared with 22 percent of those who had never used e-cigs. Several weeks ago. the World Health Organization urged governments to pass more stringent rules for e-cigs. banning them or keeping them away from kids and teens until more is known. Other cities' approaches Duluth and Mankato were two of the first Minnesota cities to ban e-cigs in public places. Certain businesses. like the Mail of America. have banned them. too. Eden Prairie went the same direction as Savage. banning e-cigs anywhere smoking is banned by the Minnesota Clean Indoor Air Act. Other cities have adopted more nuanced approaches. In Shakopee. no smoking is allowed in retail stores. with the exception of e-cigs. The city wasn't comfortable banning a-cig smoking when they didn't know enough about its effects. Schwarzhoff said. In Minneapolis. indoor smoking and sampling are banned unless the person has purchased the item at the time they are smoking it. As of last December. Burnsville has the same ordinance. Staff Writer Shannon Prather also contributed to this report. Erin Adler • 952-746-3283 ©2014 Star Tribune http:llwww.startr ibune.com Aocallsouth/276784991.htm I 212 11/13/2014 Bloomington to consider tough e-cigarette restrictions I Star Tribune xStarTribune Bloomington to consider tough e- cigarette restrictions Article by: John Reinan Star Tribune November 10. 2014 - 10:33 PM Bloomington may join a growing list of Minnesota cities that have cracked down on e-cigarette use in public places. The City Council is set to vote on a tough ordinance that would restrict "vaping" beyond what state law requires. At its Nov. 17 meeting. the council will hear public comments and is expected to vote on a proposal to ban e-cigarette use in most In an effort to limit a surge of e-cigarette/vaping lounges. public places. If adopted. the ordinance would outlaw vaping Hopkins passed a moratorium on them after Paula Williams opened on Main Street.Manager Molly McIntosh let Haley lounges. which typically sell e-cigarette supplies and offer a place Cybyske try out some flavors during an interview. for vapers to "smoke" together. richard tsong-taatariil rtsongtaataarii @startribune.com. Stores could still sell e-cigarettes and supplies. but users could no longer"light up" on the premises. Earlier this year. the Minnesota Legislature passed a law that puts some restrictions on public use of e-cigarettes but does not ban their use in bars. restaurants and many other public places. Some parts of the law took effect July 1. while others will take effect Jan. 1. However-. cities are free to pass their own ordinances. and many have done so—often modeling them after the state's Clean Indoor Air Act. which is much more restrictive than the state's e-cigarette law. St. Paul. Edina. St. Anthony and Savage are among the cities that have imposed restrictions on e-cigarettes. Minneapolis is considering tougher restrictions but hasn't acted yet. Angie Griffith is a co-owner of Smokeless Smoking. which was among the earliest e-cigarette retailers in Minnesota. Griffith operates vaping lounges in Minneapolis. Woodbury. Burnsville and Bloomington. She said the tough restrictions would not only hurt her business. but also potentially harm people who might use e-cigarettes as an aid to stop smoking regular cigarettes. Griffith is circulating petitions in support of e-cigarette use and recently collected more than 250 customer testimonials that she compiled into a book. "The Faces of Smokeless Smoking_" which was sent to Bloomington City Council members. "We'd like them to follow the state's lead," Griffith said. "At the very least. we'd like them to amend it so we could use our own products in our own store." Bloomington health officials have been working on the proposed ordinance since April. said Bonnie Paulson. the city's public health administrator. Concerns about youthful users are a driving factor. she said. On Monday. the state released a teen smoking study showing that 28 percent of Minnesota high schoolers have tried e-cigarettes. with 13 percent having used one within the previous 30 days. "One of the big concerns with the City Council is related to keeping youth from using tobacco." Paulson said. Widespread vaping "is kind of a normalization that this is something people choose to do." Paulson said "there's still not quite enough research out there" on the health effects of vaping. But. she said. "there are chemicals and nicotine and other byproducts in that vapor. It's not just water vapor." John Reinan • 612-673-7402 ©2014 Star Tribune http:llwww.startri bune.comA ocallwest1282225871.htm l 1/�