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7.1. SR 10-19-2015 Clt of E � RiVer% Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings October 19, 2015 Tina Allard, City Clerk Item Description Reviewed by Regulating Electronic Delivery Devices (e- Cal Portner, City Administrator cigarettes) Reviewed by Action Requested 1. Council to open this item up and allow public comment. 2. Adopt,by motion, an ordinance regulating the use of electronic delivery devices the same as how smoking is prohibited by the Minnesota Clean Indoor Air Act (MCIIA). Background/Discussion Per state law, the city must provide 30-day written notice to tobacco licensees of its intention to change the tobacco ordinance. Letters were sent on September 15, 2015. The Council has had discussions at two previous meetings to consider whether to regulate the use of electronic delivery devices similar to how tobacco smoking is currently regulated per the MCIIA. Council directed staff to prepare an ordinance amendment prohibiting the use of electronic delivery devices in indoor public places, such as shopping malls and restaurants,private workplaces (such as office complexes, manufacturing facilities, etc.), and home offices with more than one employee or with customers. This would be the same as how the smoking of tobacco is currently regulated under the MCIIA. Cofnpliance and Enforcement Similar to the MCIAA, the ordinance applies to persons responsible for the establishments in which smoking/vaping is prohibited. Violators shall be asked to vacate the public area in which smoking/vaping is prohibited. Refusal to vacate may initiate local law enforcement action and subsequent penalties. Communications The ordinance wouldn't go into effect until 60 days after it is published in the newspaper in order to allow staff time to communicate the new changes to the public. A set of Frequently Asked Questions were developed. Staff will utilize the local newspaper, social media, and the city website. Public Comment Since the last meeting, one local business,who did not want to be identified, stated they were for passing this ordinance. Financial Impact N/A Attachments ■ Ordinance (FDA Webpage Link Referred to in Purpose Section of the Ordinance) ■ Frequently Asked Questions POWERED 6T Template Updoted 4/14 INAWRE1 ctfikethfo ughs to be removed Underlines to be added City of Elk -�-� River Ordinance IS - An Ordinance Amending Chapter 26, Regulating the Use of Electronic Delivery Devices Where Smoking is Prohibited by the Minnesota Clean Indoor Air Act of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 26-31, Definitions of the City of Elk River Code of Ordinances shall be amended to add the following: Use. The inhaling or exhaling of aerosol or vapor from any electronic delivery device. Use shall also mean being in possession of an electronic delivery device that is turned on or otherwise activated. SECTION 2.That§ 26-32, Purpose of article of the City of Elk River Code of Ordinances shall be amended to add the following: Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain,possess, and use tobacco, tobacco products, 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, 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, tobacco- related devices, nicotine, or electronic delivery devices and to prevent young people from starting to smoke as stated in Minn. Stats. § 144.391. Unregulated electronic delivery devices, commonly referred to as electronic cigarettes, or e- cigarettes, closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine or other substances created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals,including tobacco-specific nitrosamines and dieth,l�glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that quality control processes used to manufacture these products are inconsistent or non-existent. ("Summary of results: Laboratory analysis of electronic cigarettes conducted by FDA, "Food and Drug Administration (FDA), July 22, 2009; http://www.fda.gov/NewsEvents/PubEcHealthFocus/ucml73146.htm) ATURE Last Updated il7asch 2014 INJ S`-' Ro ughs to be removed Underlines to be added E-cigarettes produce a vapor of undetermined and potentially harmful substances,which may ppear similar to smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. SECTION 3.That§26-42, Prohibition of the City of Elk River Code of Ordinances shall be added as follows: The use of any electronic delivery device is prohibited anywhere smoking is prohibited by the Minnesota Clean Indoor Act, as it may be amended from time to time. SECTION 4. That §26-43, Other Applicable Laws of the City of Elk River Code of Ordinances shall be added as follows: This ordinance is intended to complement the Minnesota Clean Indoor Air Act,Minnesota Statutes sections 144.411 to 144.417, as it may be amended from time to time. Nothing in this ordinance authorizes smoking or the use of an electronic delivery device in any location that is regulated by other applicable laws or regulations. SECTION 5, That §26-73 Penalty of the City of Elk River Code of Ordinances shall be amended to add the following: (c) Other offenses Use 1Vhere Prohibited. It is a violation of this ordinance for any person to use an electronic delivery device in an area where prohibited by this ordinance, or to use an electronic delivery device in an area where prohibited by a private policy established by the proprietor or other person in charge of the area. Proprietors. It is a violation of this ordinance for the proprietor,person, or entit3�that owns,leases, manages, operates, or otherwise controls the use of an area in which the use of an electronic delivery device is prohibited under this ordinance to knowingly fail to comply with the provisions of this ordinance. SECTION 6. That this ordinance shall take effect 60 days after publication. Passed and adopted by the City Council of the City of Elk River this 19th day of October,2015. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATI 9/14/2015 Public Health Focus > Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted By FDA Archived Content The content on this page is provided for reference purposes only. This content has not been altered or updated since it was archived. Search Archive Home News ft Events Public Health Focus News & Events Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted By FDA • FDA conducted a preliminary analysis on some samples of electronic cigarettes and components from two leading brands. Due to the variability among products, this analysis should not be used to draw conclusions about what substances are or are not present in particular electronic cigarettes or brands of electronic cigarettes. • FDA's Center for Drug Evaluation, Office of Compliance purchased two samples of electronic cigarettes and components from two leading brands. These samples included 18 of the various flavored, nicotine, and no -nicotine cartridges offered for use with these products. These cartridges were obtained in order to test some of the ingredients contained in them and inhaled by users of electronic cigarettes. • FDA's Center for Drug Evaluation, Division of Pharmaceutical Analysis (DPA) analyzed the cartridges from these electronic cigarettes for nicotine content and for the presence of other tobacco constituents, some of which are known to be harmful to humans, including those that are potentially carcinogenic or mutagenic. • DPA's analysis of the electronic cigarette samples showed that the product contained detectable levels of known carcinogens and toxic chemicals to which users could potentially be exposed. • DPA's testing also suggested that quality control processes used to manufacture these products are inconsistent or non-existent. • Specifically, DPA's analysis of the electronic cigarette cartridges from the two leading brands revealed the following: • Diethylene glycol was detected in one cartridge at approximately 1%. Diethylene glycol, an ingredient used in antifreeze, is toxic to humans. o Certain tobacco -specific nitrosamines which are human carcinogens were detected in half of the samples tested. • Tobacco -specific impurities suspected of being harmful to humans—anabasine, myosmine, and R-nicotyrine—were detected in a majority of the samples tested. • The electronic cigarette cartridges that were labeled as containing no nicotine had low levels of nicotine present in all cartridges tested, except one. • Three different electronic cigarette cartridges with the same label were tested and each cartridge emitted a markedly different amount of nicotine with each puff. The nicotine levels per puff ranged from 26.8 to 43.2 mcg nicotine/100 mL puff. • One high -nicotine cartridge delivered twice as much nicotine to users when the vapor from that electronic cigarette brand was inhaled than was delivered by a sample of the nicotine inhalatior product (used as a control) approved by FDA for use as a smoking cessation aid. Page Last Updated: 04/22/2014 Note: If you need help accessing information in different file formats, see Instructions for Downloading Viewers and Players. Accessibility Contact FDA Careers FDA Basics FOIA No FEAR Act Site Map Transparency Website Policies hftp://www.fda.gov/NewsEvents/PublicHealthFocus/ucml73146.htm 1/2 City of -C ' Frequently Asked Questions L. % Electronic Cigarette Usage in Elk River Rive r 1. Why was this ordinance adopted? To protect public health. Scientific research has identified adverse health effects associated with e-cigarettes vapors. Regulation of e-cigarettes can reduce confusion in public areas where smoking is prohibited. 2. What does this ordinance do? There are five principal objectives: a. Protects the health, safety, and welfare of the people in Elk River from the effects of secondhand smoke by ensuring the ability to breathe air uncontaminated by secondhand smoke and vapors produced by e-cigarettes. b. Prioritizes your right to breathe in public spaces over the use e-cigarettes. c. Prevents secondhand smoke and vapor exposure by unwilling employees,patrons, and the general public while in public indoor areas and places of employment. d. Protects the health of vulnerable populations including children, the elderly, and those with chronic health conditions; and e. Maintains consistency with existing laws for enforcement of clean air in public indoor areas. The ordinance regulates the use of e-cigarettes in the same fashion as smoking in accordance with the Minnesota Clean Indoor Air Act (MCIAA). 3. Where does the ordinance apply. The ordinance applies throughout the City of Elk River. 4. When will this become effective? The ordinance is effective 60 days after it is published in the city's official newspaper. S. Who is responsible for complying with this ordinance? The responsibility rests with the person responsible for places in which smoking/vaping is prohibited. Under the MCIAA, smoking is prohibited in virtually all indoor public places and indoor places of employment,including the following: ■ Bars,restaurants, and private clubs ■ Offices and industrial workplaces ■ Retail stores ■ Common areas of rental apartment buildings,hotels, and motels ■ Public transportation,including taxis ■ Work vehicles,if more than one person is present. Home offices with more than one or more on-site employees, or used as a place to meet or deal with customers-during work hours ■ Public and private educational facilities ■ Auditoriums, arenas, and meeting rooms ■ Daycare premises ■ Healthcare facilities and clinics 6. Will enforcement action be taken against people that are vaping? Similar to the MCIAA, the ordinance applies to persons responsible for the establishments in which smoking/vaping is prohibited. Violators shall be asked to vacate the public area in which smoking/vaping is prohibited. Refusal to vacate may initiate local law enforcement action and subsequent penalties. 7. Can I vape in a hotel room? The MCIAA does not prohibit smoking in individual guest rooms,but does prohibit smoking in all other indoor areas such as restaurants,bars,pool areas,lobbies, entrances, etc. 8. How will this ordinance be enforced? Responsibility begins with the entity responsible (Responsible Authority) for the public area. Report violations to the Responsible Authority. If the Responsible Authority fails to act, call 911 to notify local law enforcement. 9. How will you take complaints? Complaints can be filed by calling 911. O.What is the penalty for violating this ordinance? A violation is a petty misdemeanor. A petty misdemeanor is a prohibited offense not constituting a crime for which a sentence of a fine of not more than $300 may be imposed. The ordinance states that if the violation continues, every day is a separate offense.