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9.3. SR 10-17-2016Request for Action To Item Number Mayor and City Council 9.3 Agenda Section Meeting Date Prepared by Worksession October 17, 2016 Tina Allard, City Clerk Item Description Reviewed by Discuss Council Policy for Tobacco Licensing Cal Portner, City Administrator Reviewed by Action Requested 1. Discussion and staff direction regarding possible amendments to the tobacco licensing ordinance for the following:  Distance requirements of tobacco products shops from schools/parks  Sampling in tobacco product shops 2. The Council may consider adoption, by motion, of an emergency interim ordinance temporarily establishing a licensing and planning moratorium on tobacco product shops. Background/Discussion At the last Council meeting, a business owner requested a change to the tobacco licensing ordinance regarding distance from parks. The city issues a total of 21 tobacco licenses; three of them are to tobacco product shops. Distance Requirements Current ordinance doesn’t allow tobacco product shops to be located within 500 feet of schools and parks. The Smokes for Less shop on Freeport Avenue doesn’t meet the 500 foot distance requirement for schools; however, is grandfathered in because they were in their current location prior to the distance requirements amendment to the original ordinance. Smoking Lounges/Hookah Bars/Sampling State law allows sampling in tobacco product shops (an exception in the MN Clean Indoor Air Act). The law doesn’t define sampling and there have been interpretation issues with some shops turning into smoking/vaping lounges or hookah bars. Elk River only prohibits sampling in tobacco shops located in a multi-tenant facility where they are required to have their own ventilation system. The attached Faribault article explains the matter and lists how some cities have regulated tobacco. The city can be more restrictive than state law, for example, by:  Changing the licensing ordinance to prohibit sampling in tobacco shops and eliminating indoor lounges/hookah bars;  Allow sampling but applying stricter zoning controls. Currently, tobacco shops are classified as retail establishments. They could be pulled out of this classification and/or be allowed in certain zoning districts. The city recently received an inquiry regarding a hookah bar and there had been some social media chatter about a smoking lounge located downtown. If Council has concerns about sampling in tobacco product shops, health issues, or wants to review zoning controls for such establishments, a moratorium ordinance for up to four months should be adopted at tonight’s meeting in order to allow further study. A change to the tobacco ordinance requires a 30-day notice to current licensees. A tobacco ordinance amendment is already scheduled for December 19, 2016, to allow for in-house staff approval for issuing licenses. Financial Impact N/A Attachments  July 16, 2007 Staff Report and Minutes  April 14, 2008 Staff Report and Minutes  July 21, 2008 Staff Report and Minutes  Moratorium Ordinance  Faribault City Council to Discuss Hookah Sampling’s Future  Mayor Clinic Information Regarding Hookah Smoking  Eagan Bans Indoor Tobacco Sampling October 2016 REQUEST FOR ACTION To Item Number City Council 7.1. Agenda Section Meeting Date Prepared by Administration July 16, 2007 Tina Allard, City Clerk Item Description Reviewed by Consider Tobacco License -The Piecemaker Lori Johnson, City Administrator Reviewed by Peter Beck, City Attorney Action Requested Council motion denying a tobacco license to the applicants for The Piecemaker tobacco shop. Staff recommends denial of the tobacco license application based on the following findings: 1. Applicant does not meet the city standard for good moral character as set forth in Section 38-1 of the City Code due to providing false information on his application and being unable to serve the public in a fair, honest, and open manner. 2. Applicant provided false information on his application as set forth in Section 26-63 (4) of the City Code. If the application is denied; notice of due process must be followed in order to allow the applicant to rebut the evidence against him. Background/Discussion Applicants Damon Pephnski and Benjamin Castagneri have formed a domestic corporation registered with the Secretary of State's office and are requesting a tobacco license in order to open up a tobacco shop called The Piecemaker at 19022 Freeport Street. The background check for Mr. Castagneri came out clean with no violations. The background check for Mr. Pephnski was not approved by the police chief due to his criminal history. His criminal history included: 1992 Gross Misdemeanor for forgery -St. Louis County Misdemeanor for trespass -St. Louis County 1994 Misdemeanor for Drugs -St. Louis County Mr. Peplinski provided false information on his tobacco application by stating he has not been convicted of a felony, gross misdemeanor, or misdemeanor. This would be a ground for denial of a tobacco license according to City Code Chapter 26 Section 63 (4). Approving an application that provides false information could set a precedent by the city that it is okay to allow misinformation on an application and still be approved for a license. SACouncil\City Clerk\Tobacco\2007\Piecemaker.doc According to our ordinance Chapter 38, Article I Section 38-1 regarding Licenses and Business Regulations and Determination of Moral Character. ...the phrase "good moral character" or "moral Character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a fair, honest, and open manner. A judgment of guilt in a criminal prosecution or a judgment in a civil action may be used as evidence in the determination and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that: (1) At the current time he has the ability to, and is likely to, serve the public in a fair, honest, and open manner; or (2) He is rehabilitated, or that the substance of the former offense is not reasonable related to the occupation for which he seeks a license or permit. If the license is approved from this point, following is more information regarding another tobacco shop that Mr. Peplinski owns and the Council should be aware of. Miscellaneous Information Mr. Pephnski owns another tobacco shop known as The Piecemakers in Minneapolis under a different corporation. The City of Minneapolis indicated the shop is a head shop, it is clean and they've had no issues with them with the exception of one complaint regarding loud music and smoke fumes outside of the shop. This was due to an annual event the shop holds. The website for the Minneapolis shop states it is a head shop. They have a hookah bar at the shop whereby customers are allowed to smoke. A hookah is an ornate type of water pipe used for smoking many types of substances such as exotic tobaccos. It is unclear whether the new smoking law (known as the Freedom to Breath Act of 2007) permits smoking in tobacco shops and it is unclear if the applicants intend to offer this type of service at the Elk River location. As of the writing of this memo I was waiting for information from a contact at the League of Minnesota Cities and if the Council decides to proceed with approving the license I may have more information available at the meeting on Monday. Sta Direction The Freedom to Breath Act does have a section that states nothing in the statute prohibits cities from enacting and enforcing more stringent measures to protect individuals from secondhand smoke. If the Council would like to eliminate smoking from tobacco shops or in other areas, please give staff direction to proceed with an ordinance amendment. Financial Impact N/A Attachments ■ Secretary of State Registration • Website data from The Piecemakers in Minneapolis SACouncil\City Clerk\Tobacco\2007\Piecemaker.doc City Council Minutes July 16, 2007 Page 13 • Mr. Barnhart stated the timeframe would be unique for each case because it would depend on where in the city the sign was located and this would be evaluated during the conditional use process by Council.. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 07-10 AMENDING SECTION 30-1 "DEFINITIONS" AND SECTION 30-864 "CHANGEABLE COPY" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 07-09. Councilmember Motin questioned which parts of the sign would be considered as part of the 30 square feet. Ms. Cartney stated only the changeable portion of the sign would be considered. MOTION CARRIED 5-0. 7.1. Consider Tobacco License -The Piecemaker Ms. Allard presented the staff report. Chief Beahen stated Mr. Peplinski was convicted of a misdemeanor for disorderly conduct on February 13, 1999, in Saint Louis County. He noted the convictions in the staff report were juvenile convictions and couldn't be considered by Council. Pat Briggs, owner of the building where applicant is considering operating his tobacco establishment -Stated it can be difficult for a person to remember convictions that may have happened in their past. He stated Mr. Peplinski made no direct intentions to hide or falsify information on his application. He stated he completes his own background/ credit checks on people going into his buildings. Councilmember Motin stated a person should remember if they were convicted of a crime. Mr. Briggs stated he wouldn't know if he had any convictions in his past. Chief Beahen stated the other business owned by the applicant is known as a head shop. He further expressed concern with Mr. Peplinski's background. He stated this business will be located adjacent to a grade school and within two blocks of a high school. He stated he is unsure of the applicant's intention for this shop. Damon PeplinsK 14535 13d, Avenue North, Plymouth -Stated the disorderly charge against him was a misunderstanding. He stated the owner was going to drop the charges but he couldn't because the cops were already at the establishment. He stated he reviewed his background check as completed by Mr. Briggs and seen that he didn't have any misdemeanor convictions so he didn't include it on his application. Mayor Klinzing questioned the chief why the applicant would not get the conviction listed in the background check completed by Mr. Briggs. Chief Beahen stated police departments have access to more information than regular citizens, thus he has much more detailed information. He stated there is a lot of information • on Mr. Peplinski that he can't disclose and this leads to other concerns. City Council Minutes July 16, 2007 Page 14 The applicant stated he didn't realize his conviction was a misdemeanor. Councilmember Farber questioned the applicant about his other shop and the products he sells. Mr. Pephnski stated it is a tobacco shop with a hookah bar. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO DENY A TOBACCO LICENSE TO DAMON AND BEN, INC. BASED ON THE FOLLOWING FINDINGS: 1. APPLICANT DOES NOT MEET THE CITY STANDARD FOR GOOD MORAL CHARACTER AS SET FORTH IN SECTION 38-1 OF THE CITY CODE DUE TO PROVIDING FALSE INFORMATION ON HIS APPLICATION AND BEING UNABLE TO SERVE THE PUBLIC IN A FAIR, HONEST, AND OPEN MANNER. 2. APPLICANT PROVIDED FALSE INFORMATION ON HIS APPLICATION AS SET FORTH IN SECTION 26-63 (4) OF THE CITY CODE. MOTION CARRIED 5-0. Councilmember Motin stated that the application may come back again for Council to consider and he is concerned about the city's ordinance and whether certain products can be prohibited. Mr. Beck stated he needs to check to see what type of restrictions would be allowed in the ordinance. He stated one issue the city should address is the proximity of tobacco shops to is schools. Councilmember Motin noted that there is another smoke shop in town that is near a school. Mr. Beck stated the Council could change the ordinance and the current shop could be grandfathered. Mayor Klinzing stated with the new Freedom to Breath Act allowing cities to enforce more stringent measures for second hand smoke the city may want consider eliminating smoking in tobacco shops. Councilmember Farber would like to see if there is anything the city can do to eliminate paraphernalia Councilmember Zerwas mentioned that state legislators were considering legislation on paraphernalia and he recommended a letter be sent to representatives. Councilmember Farber concurred MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO IMPOSE A SIX MONTH MORATORIUM ON RETAIL SALES OF SMOKING SUPPLIES WHERE IT IS THE PRIMARY PURPOSE OF THE BUSINESS AND DIRECT STAFF TO INVESTIGATE AND • CHANGE THE CITY'S ORDINANCE AS DISCUSSED ABOVE. MOTION CARRIED 5-0. MEMORANDUM TO: City Council FROM: Tina Allard, City Clerk DATE: April 14, 2008 SUBJECT: Review of Tobacco, Solicitor's, and Sexually -Oriented Businesses Licensing Ordinances Item 5.3. Tobacco Ordinance The city currently has a moratorium in effect for licensing tobacco product shops in order to consider amendments to the ordinance. Council requested review of the following: The Council requested the city attorney address drug paraphernalia. Proximity to schools. More stringent measures for second-hand smoke in tobacco product shops. Transient Peddler's and Solicitor's Ordinance This ordinance has been reorganized so it flows better. The restrictions put on APX Alarm have been added to the ordinance. The Council requested a review of this ordinance in order to consider more restrictions on solicitors. Sexually Oriented Businesses Licensing Ordinance History Prior to adopting ordinances, cities must engage in legislative fact-finding that establishes adult uses as having undesirable secondary effects. The Planning Commission and City Council completed this fact-finding process in 1992. Per the city zoning ordinance, these types of businesses are allowed as a conditional use in the 1-1 (Light Industrial) and I-2 (Medium Industrial) zoning districts. (See attached map) The purpose of the licensing ordinance is to monitor the use of negative secondary effects and ensure compliance with other criminal laws. SA1Administration\Council RCA%Ordin Tobacco Solicitor Sex Businesses.doc City Council Minutes April 14, 2008 Page 4 Chief Beahen provided some statistics on traffic calming and on how certain speeds affect pedestrian accidents He stated getting drivers to 30 mph and below is a good goal to try and achieve in residential areas. The Council asked how speed data collected from a speed sign would be beneficial to the city. Chief Beahen stated the data would reveal peak times and average speeds which would assist the department of when they should increase traffic patrol. He stated the data could also show that there may be no issues with speed that could be proven to petitioners. The Council felt that extra traffic enforcement should be done as well if the city is going to install signage and re -stripe the street. Mr. Maurer stated he will come back to Council with a more detailed plan for Trott Brook Parkway. The Council directed staff to work on drafting a traffic calming policy. 5.3. Discussion on Ordinance Changes Ms. Allard reviewed the following ordinances and Council comments are listed with each of them. 11 Tobacco o The 90 percent threshold for the definition of a tobacco products shop is too high and should be set at 50 percent or more. State law needs to be reviewed to see if this definition can be changed. o Concern about having a separate room for sampling. People are going to the shop specifically for tobacco and this would be too much government interference. There was also concern about the shops becoming a smoking lounge. o Concern about having a separate ventilation system. There was concern about tobacco shops located in multi -tenant buildings and how the ventilation would affect the neighbors. o Change the language regarding transfers. o Inclusion of a penalty clause. 0 Peddlers Solicitors, and Transient Merchant o Concerns with the city issued ID looking like it endorses solicitors/peddlers. The attorney suggested making the photo ID the city issued license with expiration dates. Chief Beahen suggested looking at an ID that has a time limit and becomes void by a certain date. It was noted that the city should snake sure costs are being covered with the additional costs for the ID. o Revocation should be included in the Grounds for Granting and Denial. o Change the .hours to Monday through Saturday, noon to 6:00 p.m. o Solicitors should be charged a fee to cover the city's administrative costs. REQUEST FOR ACTION To Item Number City Council 6.1. Agenda Section Meeting Date Prepared by Administration July 21, 2008 Tina Allard, City Clerk Item Description Reviewed by Ordinance Repealing all of Chapter 26, Article II and Adopting Lori jo son, City Administrator Reviewed by New Section Regarding Tobacco, Public Hearing ■ Resolution Approving Summary Publication of the Ordinance Action Requested Two Council motions: 1. Adopt an ordinance repealing our current tobacco ordinance and adopting a new tobacco ordinance. 2. Adopt a resolution which allows for summary publication of the ordinance. A four -fifth vote is required. Background/Discussion At the April 14, 2008 worksession, Council reviewed this proposed ordinance. The city attorney has reviewed this ordinance. Per state law, licensees must be given 30 days notice of the city's intent to change the ordinance and all licensees were mailed a notice along with a copy of the proposed ordinance. Changes were made to the ordinance in order to address ventilation issues in a multi -tenant facility and distance requirements to schools and parks for tobacco products shops, grounds for denial or revocation of a license, application requirements, and transfer of ownership of a licensed establishment. Council mentioned the following concerns at the worksession meeting: ■ The 90 percent threshold for the definition of a tobacco products shop is too high and should be set at 50 percent or more. State law needs to be reviewed to see if this definition can be changed. ■ Concern about having a separate room for sampling. People are going to the shop specifically for tobacco and this would be too much government interference. There was also concern about the shops becoming a smoking lounge. ■ Concern about having a separate ventilation system. There was concern about tobacco shops located in multi -tenant buildings and how the ventilation would affect the neighbors. ■ Change the language regarding transfers. ■ Inclusion of a penalty clause. The city attorney recommended leaving the definition of a tobacco products shop at the 90 percent threshold. It is the same definition that is in the Freedom to Breath Act and the self-service requirements under state law requires a shop to meet this threshold. S:\Administration\Council RCA\Licensing\Tobacco\2008\Ordinance Repeal.doc Staff would recommend grandfathering in the Smoke Shop, located at 19112 Freeport Street from the ventilation and distance requirements because they are already in business. If the Smoke Shop were to change ownership the new owner would be required to meet the ventilation requirements and apply for a variance from the distance requirements. Attachments ■ Ordinance ■ Resolution for Summary Publication Action Motion by Second by Vote Follow Up SAAdministration\Council RCA\Licensing\Tobacco\2008\Ordinance Repeal.doc City Council Minutes July 21, 2008 Page 6 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 08-15 TO OPERATE A LIGHT MANUFACTURING BUILDING WITH A RETAIL SHOWROOM IN THE C-3 ZONING DISTRICT WITH THE FOLLOWING CONDITIONS: 1. NO EXTERIOR MODIFICATIONS ARE INCLUDED IN THE APPROVAL. 2. A BUILDING PERMIT SHALL BE PROVIDED FOR ANY INTERIOR MODIFICATIONS. MOTION CARRIED 5-0. 5.8. Code Enforcement Appeal and Administrative Fine Schedule Mr. Barnhart presented the staff report. The Council requested numerous changes to the ordinance. It was noted that the proposed ordinance hadn't been reviewed by the city attorney yet and the ordinance would come back to Council as a public hearing for final review and approval. There was discussion on whether the Hearing Board should be able to deviate from the fee schedule. The Council concurred on the following: 1. The Hearing Board should be comprised of three individuals: Two Councilmembers and one Planning Commissioner as appointed by the City Council and Planning Commission respectively. 2. Escalating fees for repeat violations. 3. Definitions improved in the fee schedule and the number of occurrences that apply for each fee. 6.1. Ordinance Repealing all of Chapter 26 Article II and Adopting New Section Regarding_ Tobacco. Public Hearin Ms. Allard presented the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Council -member Motin requested a language change under Section 26-68 (b) that would outline specifically the names of the persons who should be listed on the application. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 08-08 REPEALING ALL OF CHAPTER 26, ARTICLE II, "TOBACCO" AND ADOPTING NEW SECTION 26, ARTICLE II "TOBACCO" OF THE CITY CODE OF ORDINANCES WITH THE CHANGE NOTED BY COUNCILMEMBER MOTIN. MOTION CARRIED 5-0. 0 Strikethroughs to be removed Underlines to be added Ordinance No. 16-______ AN EMERGENCY INTERIM ORDINANCE TEMPORARILY ESTABLISHING A LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS SHOPS WHEREAS, Chapter 26, Health and Sanitation, of the Elk River City Code regulates the sale of cigarete and tobacco products within the city through the issuance of a tobacco license; WHEREAS, the City of Elk River has adopted official controls through the adoption of the Zoning Code, Chapter 30, Land Development Regulations, of the Elk River City Code which regulates the locations of certain businesses within the city; WHEREAS, a statute adopted by the State Legislature authorizes the lighting of tobacco products in tobacco products shops by customers for the purpose of sampling the tobacco product; WHEREAS, the statue permits local governments to enact more stringent measures to protect individuals from secondhand smoke, including restricting the sampling of tobacco products; WHEREAS, the City Council has concerns about allowing the sampling of tobacco products in tobacco products shops and its effect on the public health, safety and welfare; WHEREAS, the City Council also has concerns that the city’s current licensing and zoning provisions relating to tobacco products shops do not adequately address the issues relating to tobacco products shops and tobacco sampling, such as the appropriate locations and the conditions under which tobacco products shops may be allowed within the city; WHEREAS, as a result of these important licensing, land use and zoning issues, the city desires to conduct studies for the purpose of consideration of possible amendments to the city’s licensing provisions and official controls to address issues concerning tobacco products shops and tobacco products sampling; WHEREAS, the City Council has authority, pursuant to Minnesota Statues Section 462.355, subdivision 4, to adopt an emergency interim ordinance to study whether new or amended controls are necessary to fulfill the city’s legal obligation to adequately protect the public health, safety and welfare and to protect the planning process; and NOW, THEREFORE BE IT RESOLVED: Strikethroughs to be removed Underlines to be added THE CITY OF ELK RIVER ORDAINS: SECTION 1. The City of Elk River Municipal Code Appendix B is hereby amended to include reference to the following Emergency Interim Ordinance No. 16-____. Subdivision 1. Prohibition. To protect the planning process under the authority of Minnesota Statues, Section 462.355, subdivision 4, and to protect the public health, safety and welfare of the citizens of the City of Elk River, the City Council of the City of Elk River hereby adopts an Interim Ordinance which states that during the effective period of the Ordinance, applications for a tobacco license or for a building permit or zoning approval for a tobacco products shop will not be processed or approved by the city and no application for such approvals shall be received by the city. This ordinance prohibits the further consideration and approval by the city of any pending license or zoning application for a tobacco products shop. For purposes of this ordinance, “tobacco products shop” is defined as 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 incidental. A “tobacco products shop” does not include a tobacco department or section of any individual business establishment within any type of liquor, food or restaurant license. Subd. 2. Purpose. The purpose of this ordinance is to temporarily protect the planning process and the public health, safety and welfare and to allow the city to conduct studies for the purpose of consideration of possible amendments to the city’s licensing provisions and official controls to address issues concerning tobacco products shops and tobacco products sampling. Subd. 3. Enforcement. The city may enforce this ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. Subd. 4. Separability. Every subdivision, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any subdivision, provision or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this ordinance. Subd. 5. Duration. This Interim Ordinance shall be in effect until the date of adoption of any new licensing provisions and official controls pertaining to tobacco products shops or until January 16, 2017, whichever occurs first. SECTION 2. This Emergency Interim Ordinance is effective upon adoption. SECTION 3. Notwithstanding the provisions of Section 2 of this Emergency Interim Ordinance, the following summary will also be printed in the official city newspaper in lieu of the complete ordinance: Strikethroughs to be removed Underlines to be added On October 17, 2016, the City Council adopted Emergency Interim Ordinance 16-___ that establishes a licensing and planning moratorium on tobacco products shops in the City of Elk River for a period of time not to exceed 4 months. A printed copy of the ordinance is available for inspection during regular business hours at Elk River City Hall and is available on line at the city’s web site located at elkrivermn.gov. th Passed by the City Council of the City of Elk River, Minnesota this 17 day of October, 2016. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk 10/5/2016 Faribault City Council to discuss hookah sampling's future I Archives I southernminn.com New Hefty® Save $1 Now Hefty's Best Trash Bag Ever With Arm & Hammer" Odor Neutralizer Go to hefty. com Arm& Ha mme rBags http://www.southernminn.com/faribault_daily_news/archives/article_a4dd2d4a-dc49-5f30-92d 1-e0032aa5e32f.html Faribault City Council to discuss hookah sampling's future Mar 20, 2012 If ROCKET 0 MORTGAGE' ihyQulcken .vans 9 In late January, Faribault's councilors passed a temporary ban on tobacco sampling in Faribault to give staff and city leaders time to study the trend. And Tuesday night (tonight) city leaders are slated to have their first policy discussion regarding tobacco sampling. Below, a rundown of what you need to know about tobacco sampling and why it is an issue city staff are tackling: • What is it? Tobacco sampling uses a sort of loophole in the Minnesota Clean Indoor Air Act which prohibited smoking in many indoor places statewide - even though the Freedom to Breathe Act, added in 2007, expanded those restrictions. A section of state law allows "(T)he lighting of tobacco in a tobacco products shop" as long as: — It's a retail location with a door opening directly outside — It pulls more than 90 percent of its revenue from sale of tobacco http://www.southernminn. com/faribault daily_news/archives/article a4dd2d4a-dc49-5f30-92d1-e0032aa5e32f.html 1/4 10/5/2016 Faribault City Council to discuss hookah sampling's future I Archives I southernminn.com — It's not part of any liquor, food or restaurant business As long as those criteria are met, potential customers can light tobacco "for the specific purpose of sampling tobacco products," but the sampling part of the law is so vague that many cities are now using their power to regulate or even ban tobacco sampling locations, according to a report from the Minnesota Department of Health. • What role does hookah play? Hookah is a type of water-cooled pipe that allows a specialized, flavored tobacco to be smoked. Called shisha or maassel, it's a sticky mixture of tobacco, honey or molasses mixed with other flavors, according to the Association of Nonsmokers -Minnesota. Hookah smoking in particular is closely associated with the tobacco sampling law, because it's sometimes smoked in social settings or in groups at locations that cater to that demand. Here's where it gets tricky: Sampling is only allowed at tobacco shops, not "lounges," which are technically not legal in Minnesota. But as long as locations meet the aforementioned conditions, and there aren't more strict city ordinances in place, locations can be open to the smoking - sampling - of tobacco indoors, by groups of people. "If you don't want to smoke hookah, don't go to places where it's smoked," said Faribault resident David Kraigstrom, 28. He doesn't smoke tobacco through a hookah, but said it's not something the city should concern itself with. "There are a lot of other things we should be worrying about," he said. • Why cities? Cities have the power to enforce ordinances, enforce building codes and authorize or deny tobacco licenses - all of which can restrict the establishment of locations that allow tobacco sampling. They can also prohibit tobacco sampling entirely. State law allows cities and counties to create stricter rules to protect individuals from secondhand smoke - but given the fact that most locations are indoors and out of the public arena, cities must choose how they want to interpret state law. http://www.southernm i nn.com /far i bault_dai I y_news/archives/arti cl e_a4dd2d4a-dc49-5f30-92d 1-e0032aa5e32f.htm 1 2/4 10/5/2016 Faribault City Council to discuss hookah sampling's future I Archives I southernminn.com Some examples of how other cities statewide have regulated shops that allow tobacco sampling, according to various statewide city documents on the topic: — Minneapolis bans tobacco licenses in certain zoning districts, St. Paul requires additional permits before allowing shops to open — Little Canada restricts hours of operation for certain tobacco product shops — Columbia Heights limits the number of tobacco licenses in their city to five. Other cities have considered limiting licensing to tobacco product shops - which allow sampling - while allowing unlimited general tobacco licenses — Prior Lake requires training programs for employees of the shops, and St. Paul regulates the licenses density, essentially how close the shops can be to one another • Why now? Namely, health concerns in the context of the "loophole" in state law. A "typical" one-hour smoking session involves inhaling 100-200 times the volume of smoke inhaled from a single cigarette, according to the Centers for Disease Control and Prevention. "I think allowing places that allow that sends the wrong message," said Sandra Kellog, a Faribault resident with two children. She said if cities have the ability to prevent that type of activity, they should. "I don't want my kids exposed to that, and as parents, we can only do so much," she said. The physics and chemistry behind smoking specialized tobacco from a hookah - the amount of puffing, the depth of inhaling - means hookah smokers may absorb higher concentrations of the same toxins found in cigarette smoke, according to a study from the American Lung Association. But in light of other pressing concerns, including a fragile economic recovery, the move to levy regulations on tobacco sampling seems poorly timed to some. http://www.southernm inn.com/faribault daily_news/archives/article a4dd2d4a-dc49-5f30-92d1-e0032aa5e32f.html 3/4 10/5/2016 Faribault City Council to discuss hookah sampling's future I Archives I southernminn.com "It's just your basic government getting in the way again," said Robert James, a Faribault resident who says he smokes cigarettes daily. "They complain about the economy, then consider eliminating a perfectly good business before it can get going." • What lies ahead for Faribault? Faribault's Planning Commission discussed the hookah lounge/tobacco sampling issue at length earlier this month, stating they would formally support the city if they chose to prohibit tobacco sampling, according to city documents. The commission also reviewed possible regulation options, in case the city decides to allow tobacco sampling but wants it more tightly controlled. They decided it best to treat possible hookah lounges as similar to a bar or restaurant rather than an "adult use" that would carry more strict regulation. However, it will be up to city councilors to decide whether to ban sampling, and by extension hookah bars, by changing the tobacco licensing ordinance. This will be discussed at length Tuesday night (tonight) - and could also result in the city updating its code to allow sampling locations. - Joseph Lindberg covers the city and county for the Daily News. He may be reached at 333-3135 or at Twitter.com @JosephLindberg http://www.southernm i nn.com /far i bault_dai I y_news/archives/arti cl e_a4dd2d4a-dc49-5f30-92d 1-e0032aa5e32f.htm 1 4/4 10/5/2016 MAYO CLINIC TT Healthy Lifestyle Quit smoking Hookah smoking: Is it safer than cigarette smoking? - Mayo Clinic Is hookah smoking safer than smoking cigarettes? Answers from J. Taylor Hays, M.D. Hookah smoking is not safer than cigarette smoking. Also known as a narghile, shisha or goza, a hookah is a water pipe with a smoke chamber, a bowl, a pipe and a hose. Specially made tobacco is heated, and the smoke passes through water and is then drawn through a rubber hose to a mouthpiece. The tobacco is no less toxic in a hookah pipe than in a cigarette, and the water in the hookah does not filter out the toxic ingredients in the tobacco smoke. Hookah smokers may actually inhale more tobacco smoke than cigarette smokers do because of the large volume of smoke they inhale in one smoking session, which can last as long as 60 minutes. While research about hookah smoking is still emerging, evidence shows that it poses many dangers: • Hookah smoke contains high levels of toxic compounds, including tar, carbon monoxide, heavy metals and cancer-causing chemicals (carcinogens). In fact, hookah smokers are exposed to more carbon monoxide and smoke than are cigarette smokers. • As with cigarette smoking, hookah smoking is linked to lung and oral cancers, heart disease, and other serious illnesses. • Hookah smoking delivers about the same amount of nicotine as cigarette smoking, possibly leading to tobacco dependence. • Hookah smoke poses dangers associated with secondhand smoke. • Hookah smoking by pregnant women can result in low birth weight babies. • Hookah pipes used in hookah bars and cafes may not be cleaned properly, risking the spread of infectious diseases. http://www.m ayocl i nic.org/healthy-I ifestyle/quit-smoki ng/expert-answers/hookah/faq-20057920?p=1 1/3 10/5/2016 With J. Taylor Hays, M.D. References Hookah smoking: Is it safer than cigarette smoking? - Mayo Clinic 1. EI-Zaatari ZM, et al. Health effects associated with waterpipe smoking. Tobacco Control. 2015;24:i31. 2. Shihadeh A, et al. Toxicant content, physical properties and biological activity of waterpipe tobacco smoke and its tobacco -free alternatives. Tobacco Control. 2015;24:i22. 3. Noonan D. A descriptive study of smoking tobacco using a waterpipe among college students. Journal of the American Association of Nurse Practitioners. 2013;25:11. 4. Hookah smoking: A growing threat to public health. American Lung Association. http://www.lung.org/stop-smoking/tobacco-control-advocacy/reports-resources/. Accessed June 2, 2015. 5. Hookahs. Centers for Disease Control and Prevention. http://www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco industry/hookahs/index.htm. Accessed June 2, 2015. 6. Kumar SR, et al. A review of air quality, biological indicators and health effects of second-hand waterpipe smoke exposure. Tobacco Control. 2015;24(suppl):i54. June 17, 2015 Original article: http://www.mayoclinic.org/healthy-lifestyle/quit-smoking/expert-answers/hookah/faq-20057920 Any use of this site constitutes your agreement to the Terms and Conditions and Privacy Policy linked below. Terms and Conditions Privacy Policy Notice of Privacy Practices Mayo Clinic is a not-for-profit organization and proceeds from Web advertising help support our mission. Mayo Clinic does not endorse any of the third party products and services advertised. http://www.m ayocl i ni c.org/heal thy -I ifestyl e/quit-sm oki ng/expert-answers/hookah/faq-20057920?p=1 213 10/5/2016 Eagan Council Tightens Tobacco Ordinance Restrictions - Eagan, MN Patch LATEST)) Love Patch? Have an iPhone or iPad? Download the Totally Amazing New Patch App! (http://patch.com/minnesota/eagan/s/fwh5i/love-patch-have-an-iphone-or-ipad- download-the-totally-amazing-new-patch-app) Politics & Government (/minnesota/eagan/politics) Eagan Council Tightens Tobacco Ordinance Restrictions Tobacco retailers in the city can no longer allow customers to sample tobacco products in the shop, under new city ordinances. By David Henke (Patch Staff) - (http://patch.com/users/david-henke) June 6, 2013 10:19 am ET �ilce o Share (http://my.patch.com/article/l 6141020/edit) http://patch.com /m i nnesotaleagan/eagan-counci I-tightens-tobacco-ordinance-restri cti ons 1/43 10/5/2016 Eagan Council Tightens Tobacco Ordinance Restrictions - Eagan, MN Patch On Tuesday, the Eagan City Council voted to close a loophole in the Minnesota Clean Indoor Air Act that allows customers to test products at tobacco shops, hookah lounges and other similar retailers. 1 The practice, called tobacco sampling, was previously allowed under the statewide Clean Indoor Air Act, which otherwise prohibits smoking in most public places. The legislation, implemented in 2007 and otherwise known as the Freedom to Breathe Act, sought to mitigate the effects of second-hand smoke in public places. The council voted unanimously to pass an ordinance amendment prohibiting indoor tobacco sampling in the city, effectively banning hookah lounges in the city. Although Eagan is home to several tobacco shops, Assistant City Administrator Dianne Miller told the council on Tuesday night that no retailers in the city currently practice tobacco sampling. Get free real-time news alerts from the Eagan Patch. Enter email address More from Eagan Patch (/minnesota/eagan) SUBSCRIBE BREAKING: Mall of America Will Close Thanksgiving Day S ado il-:-���-ft�,�-,(http://patch.com/minnesota/eagan/s/fwkee/mall-of-america-will-close-thanksgiving-day) Creepy Clown Craze: Farmington Police Respond to 'Bobo the Friendly Clown' http://patch.com /m i nnesotaleagan/eagan-counci I-tightens-tobacco-ordinance-restri cti ons 3/43