2013-19 BILL NO. 2013-19
AN ORDINANCE AMENDING SECTION 1146 OF THE CITY CODE
PERTAINING TO TOBACCO AND THE
REGULATION OF ELECTRONIC CIGARETTES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 1146.01 of the Richfield City Code is amended as follows:
1146.01. Purpose.
The Richfield City council recognizes that many persons under the age of 18
years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and
tobacco-related devices, and electronic cigarettes: and that such sales, possession, and
use are violations of both State and Federal laws. Studies have shown that most
smokers begin smoking before they reach the age of 18 years and that those persons
have been shown to have several serious health problems which subsequently place a
financial burden on all levels of government. This section shall-beis intended to regulate
the sale, possession, and use of tobacco, tobacco products, and tobacco -related
devices, and electronic cigarettes, for the purpose of enforcing and furthering existing
laws, to protect minors against the serious effects associated with the illegal use of
tobacco, tobacco products, and tobacco:related devices, and electronic cigarettes, and
to further the official public policy of the State of Minnesota in regard to preventing
young people from starting to smoke as stated in Minn. Stat. 144.391.
Sec. 2. Subsection 1146.03 of the Richfield City Code is amended as follows:
1146.03. Definitions.
Subdivision 1. For the purposes of this section, the terms defined in this
subsection have the following meanings given them:
Subd. 2. Tobacco or tobacco products. "Tobacco products" shall mean any
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies;
_ - _ - -:, e -e _. , _ _ _. , eady rubbed, and other smoking tobacco;
scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
g. Tobacco or tobacco products. Any substance or item containing tobacco leaf,
including but not limited to cigarettes, and any product containing, made, or derived
from tobacco that is intended for human consumption, whether chewed, smoked,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any
component, part, or accessory of a tobacco product; cigars, pipe tobacco, snuff, fine cut
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or other chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut,
ready-rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and
twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of
tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be
suitable for chewing, sniffing or smoking. This term excludes any tobacco product that
has been approved by the United States Food and Drug Administration for sale as a
tobacco cessation product, as a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for such an approved purpose.
Subd. 3. Tobacco-related devices. "Tobacco related devices" shall mean any
tobacco product 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, or smoking of
tobacco or tobacco products.
Subd. 4. Self-service merchandising. "Self-service merchandising" shall
mean open displays of tobacco, tobacco products, er tobacco_related devices, or
electronic cigarettes, in any manner where any person s °'�„� l havehas access to the
tobacco, tobacco products or-tobacco_related devices, or electronic cigarettes, without
the assistance or intervention of the licensee or the licensee's employee. The
assistance or intervention shall entails the actual physical exchange of the tobacco,
tobacco product, or tobacco_related device, or electronic cigarettes, between the
customer and the licensee or employee. Self-service merchandising shall not include
vending machines.
Subd. 5. Vending machine. "Vending machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco
products, Of tobacco:related devices, or electronic cigarettes, 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 or
electronic cigarettes.
Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a
single or individually packaged cigarette.
Subd. 7. Minor. "Minor" shall mean any person who has not yet reached the
age of 18 years.
Subd. 8. Retail establishment. "Retail establishment" shall mean any place of
business where tobacco, tobacco products or-tobacco related devices, or electronic
cigarettes, are available for sale to the general public. Retail establishments shall
include, but not be limited to, grocery stores, convenience stores, and restaurants.
Subd. 9. Moveable place of business. "Moveable place of business" shall
mean motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or
equipment not permanently attached to the ground operated in an establishment
licensed to sell tobacco related products and conducted within a building and within the
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licensed-premises.
Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade,
barter, or other consideration.
Subd. 11. Compliance checks. "Compliance checks" shall mean the system
the City of Richfield uses to investigate and ensure that those authorized to sell tobacco,
tobacco products, and tobacco-related devices, and electronic cigarettes, are following
and complying with the requirements of this section. Compliance checks shall involve
the use of minors as authorized by this section to attempt to purchase tobacco, tobacco
products, er tobacco:related devices, and electronic cigarettes, 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, and tobacco_related devices, and electronic cigarettes.
Subd. 12. Electronic cigarette. "Electronic cigarette" shall mean any electronic-
smoking device that can be used to deliver nicotine or any other substances to the
person erson inhalin from the device. The term shall include such devices whether they are
manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other
product name. This term excludes any product that has been approved by the United
States Food and Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
Sec. 3. Subsection 1146.05 of the Richfield City Code is amended as follows:
1146.05. Sale and distribution of tobacco.
Subdivision 1. License required. No person or establishment shall sell or
offer to sell any tobacco, tobacco products, er-tobacco-related devices, or electronic
cigarettes, without first having obtained a license to do so from the City of Richfield. All
licenses issued under this section 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.
Subd. 2. Application. An application for a license to sell tobacco, tobacco
products, or tobacco-related devices, or electronic cigarettes, shall be made on a form
provided by the Public Safety Director or the Public Safety Director's designee. The fee
shall accompany the application. The application shall be reviewed and action taken on
it by either the Public Safety Director or the Director's designee.
Subd. 3. Action. The Public Safety Director or the Public Safety Director's
designee may either approve or deny the license, or may delay action for such
reasonable period of time as necessary to complete any investigation of the application
or the applicant it deems necessary. If the Public Safety Director or the Public Safety
Director's designee denies the license, notice of the denial shall be given to the
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applicant along with notice of the applicant's right to appeal the decision.
Subd. 4. License term. All licenses shall expire on December 31 of the year in
which the license is issued. The annual license fee will not be prorated.
Subd. 5. Denial, revocation or suspension. A license under this section may be
denied, suspended or revoked by the council, after an investigation and public hearing
where the licensee is granted the opportunity to be heard, for one (1) or more of the
following reasons:
(a) The operation of the business is in conflict with any provision of this code.
(b) The operation of the business is in conflict with any health, fire, building,
building maintenance, zoning, or any other applicable codes or laws.
(c) The applicant or licensee has failed to comply with one (1) or more
provisions of this section or any statute, rule or ordinance pertaining to the
sale of tobacco, tobacco products, or any tobacco_related device, or
electronic cigarettes.
(d) The applicant has committed fraud, misrepresentation or bribery in
securing or renewing a license.
(e) The owner of the premises licensed or to be licensed would not qualify for
a license under the terms of this section.
(f) The applicant is under the age of 18 years.
(g) The applicant has been convicted within the past five (5) 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, or electronic cigarettes.
(h) The applicant has had a license to sell tobacco, tobacco products, or
tobacco-related devices, or electronic cigarettes, revoked within the 12
months preceding the date of application.
(i) The applicant is prohibited by Federal, State, or other local law, ordinance,
or other regulation, from holding such a license.
Subd. 6. Moveable place of business. No license shall be issued to a moveable
place of business. Only a fixed location business shall be eligible to be licensed under
this section.
Subd. 7. Display. All licenses shall be posted and displayed in plain view of the
general public on the licensed premise.
Subd. 8. Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall
be made at least 30 days but no more than 60 days before the expiration of the current
license.
Subd. 9. Employee training. The applicant must provide proof that an employee
training program on tobacco sales has been provided during the license year by
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submitting records supporting that training at the time of their license renewal each
year.
Sec. 4. Subsection 1146.09 of the Richfield City Code is amended as follows:
1146.09. Prohibited sales.
It shall be a violation of this section for any person to sell or offer to sell any
tobacco, tobacco product, OF tobacco-related device, or electronic cigarettes:
(a) To any person under the age of 18 years.
(b) By anyone under the age of 18 years.
(c) By means of any type of vending machine.
(d) By means of self-service merchandising.
(e) By means of loosies.
(f) Containing opium, morphine, jimson weed, bella donna, strychnos,
cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled
substances except nicotine and other substances found naturally in
tobacco or added as part of an otherwise lawful manufacturing process.
(g) By any other means prohibited by Federal, State, or other local law,
ordinance provision, or other regulation.
Sec. 5. Subsection 1146.11 of the Richfield City Code is amended as follows:
1146.11. Vending machines.
It shall be unlawful for any person licensed under this section to allow the sale of
tobacco, tobacco products, or-tobacco:related devices, or electronic cigarettes, by the
means of a vending machine.
Sec. 6. Subsection 1146.13 of the Richfield City Code is amended as follows:
1146.13. Self-service sales.
It shall be unlawful for a licensee under this section to allow the sale of tobacco,
tobacco products, of tobacco:related devices, or electronic cigarettes, by any means
whereby the customer may have access to such items without having to request the
item from the licensee or the licensee's employee and whereby there is not a physical
exchange of the tobacco, tobacco product, oche tobacco:related device, or electronic
cigarettes, between the licensee or licensee's Clerkemployee and the customer. All
tobacco, tobacco products, and-tobacco:related devices, and electronic cigarettes, shall
either be stored behind a counter or other area not freely accessible to customers. Any
retailer selling tobacco, tobacco products, er-tobacco-related devices, or electronic
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cigarettes, at the time this section is adoptedamended shall comply with this subsection
within 30 days of the passage of this sectionthe amendments. A license holder who
operates an establishment or fully enclosed portion of an establishment that sells at
least 90 percent of its products in tobacco, or tobacco related products, tobacco-related
devices, or electronic cigarettes, is exempt from the self-service merchandising
provision if the license holder prohibits anyone under 18 years of age from entering the
establishment or fully enclosed portion of an establishment and the license holder
conspicuously displays a notice prohibiting persons under 18 years of age from entering
the establishment.
Sec. 7. Subsection 1146.15 of the Richfield City Code is amended as follows:
1146.15. Responsibility.
All licensees under this section shall be responsible for the actions of their
employees in regard to the sale of tobacco, tobacco products, of tobacco-related
devices, or electronic cigarettes, 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 Clerkcmployee to
whatever penalties are appropriate under this section, State or Federal law, or other
applicable law or regulation.
Sec. 8. Subsection 1146.17 of the Richfield City Code is amended as follows:
1146.17. Compliance checks and inspections.
All licensed premises shall be open to inspection by Richfield law enforcement or
other authorized City officials during regular business hours. From time to time, but at
least once per year, the City shall conduct compliance checks by engaging, with the
written consent of their parents or guardians, minors over the age of 15 years, to enter
the licensed premise to attempt to purchase tobacco, tobacco products, tobacco:
related devices, or electronic cigarettes. Minors used for the purpose of compliance
checks shall be supervised by the Public Safety Director or the Public safety Director's
designee. Minors used for compliance checks shall not be guilty of the unlawful
purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco
products, of tobacco:related devices, or electronic cigarettes, when such items are
obtained or attempted to be obtained as a part of the compliance check. 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 licensee's employee and
shall produce any identification, if any exists, for which the minor is asked. Nothing in
this subdivision 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.
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Sec. 9. Subsection 1146.03 of the Richfield City Code is amended as follows:
1146.19. Other illegal acts.
Subdivision 1. Unless otherwise provided, the following acts shall be a violation
of this section.
Subd. 2. Illegal sales. It shall be a violation of this section for any person to sell
or otherwise provide any tobacco, tobacco products, oc tobacco_related devices, or
electronic cigarettes, to any minor.
Subd. 3. Illegal possession. It shall be a violation of this section for any minor to
have in their possession any tobacco, tobacco product, ei-tobacco-related device or
electronic cigarettes. This subdivision shall not apply to minors lawfully involved in a
compliance check.
Subd. 4. Illegal use. It shall be a violation of this section for any minor to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, o -tobacco=related device.,
or electronic cigarettes
Subd. 5. Illegal procurement. It shall be a violation of this section for any minor
to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products,
eFtobacco:related devices, or electronic cigarettes, and it shall be a violation of this
section 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, OF tobacco:
related device, or electronic cigarettes. This subdivision shall not apply to minors
lawfully involved in a compliance check.
Subd. 6. Use of false identification. It shall be a violation of this section for any
minor to attempt to disguise their 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.
Sec. 10. Subsection 1146.23 of the Richfield City Code is amended as follows:
1146.23. Penalties.
Subdivision 1. Licensees. Any licensee found to have violated this section, or
whose employee shall have violated this section, shall be charged an administrative fee
as follows:
(a) First violation. $200.00 fine with no suspension.
(b) Second violation. If within 24 months of the first violation, $40000
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$500.00 fine with a two (2) day suspension
maw). If outside of 24 months of the first violation, it will be counted
as a first violation.
(c) Third violation. If within 24 months of the second violation, $600.00
$700.00 fine with a seven (7) day suspension {Council app arance
ma-n ory). If outside of 24 months of the second violation, it will be
counted as a second violation.
(d) Fourth violation. If within 24 months of the third violation, $1,000.00 fine
with a suspension of up to 60 days, with the option to revoke the license
- e - • -• _ _ _-_ _ _ _ _ _ _ . If outside of 24 months of the third
violation, it will be counted as a third violation. When a license is revoked,
one (1) year's time must elapse from the date of revocation before the
establishment is eligible to reapply for a tobacco license.
(e) Step Back Option. The City's disciplinary penalties include a "step back"
option as an incentive for licensed establishments. Under the "step back"
option, each time an establishment passes two (2) consecutive
compliance checks, the establishment is deemed to have "stepped back"
one (1) violation level. For example, if an establishment has had a total of
three (3) violations but successfully passes two (2) consecutive
compliance checks after the third violation, the establishment "steps back"
one (1) level to the second violation level; if a subsequent violation were to
occur, the penalty would be imposed as if it were a third violation rather
than a fourth violation. Each step back requires two (2) new consecutive
successful compliance checks.
Council A.•earance and Fine Reduction. A licensee must a• sear before
the City Council after a second, third, or fourth violation. Upon such
appearance, the Council will reduce the applicable fine by $100.00.
(q) Penalty for Noncompliance. If a licensee fails to comply with a suspension
or revocation notice, the Council may increase the suspension or the fine,
or both, at its discretion.
Subd. 2. Other individuals. Individuals, other than licensees regulated by
subdivision 1 of this subsection, found to be in violation of this section shall be charged
an administrative fee of$100.00.
Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase, tobacco, tobacco products, Of tobacco=related
devices, or electronic cigarettes, shall be given the option of participating in a diversion
program rather than paying the violation fine.
Subd. 4. Misdemeanor. Nothing in this subsection shall prohibit the City from
seeking prosecution as a misdemeanor for any violation of this section.
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Sec. 11. Subsection 1146.25 of the Richfield City Code is amended as follows:
1146.25. Exceptions and defenses.
Subdivision 1. Nothing in this ordinance shall prevent the provision of tobacco,
tobacco products, octobacco=related devices, or electronic cigarettes, to a minor as
part of a lawfully recognized religious, spiritual, or cultural ceremony.
Subd. 2. It shall be an affirmative defense to the violation of this section for a
person to have reasonably relied on proof of age as described by State law.
Subd. 3. It shall be a defense to a violation of the section that a licensee did not
intentionally aid, advise, hire, counsel or conspire with another to sell tobacco to minors
or otherwise procure the sale of tobacco to minors.
Sec. 12. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 24th of September, 2013.
By: --Lai ;
'D
' /
Debbie Goettel, Mayor
ATTEST:
•"V 7 ..)dt.)(4.
Nancy Gibbs, y Clerk
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AFFIDAVIT OF PUBLICATION City of Richfield
STATE OF MINNESOTA
(Official Publication)
)ss SUMMARY PUBLICATION BILL
COUNTY OF HENNEPIN ) NO.2013-19
AN ORDINANCE AMENDING SEC-
Jeremy Bradfield being duly sworn on an TION 1146 OF THE CITY CODE
PERTAINING TO TOBACCO AND
oath, states or affirms that they are the THE REGULATION OF ELECTRONIC
Authorized Agent of the newspaper(s)known CIGARETTES
as: On September 24,2013,the Richfield
City Council adopted an ordinance
designated as Bill No. 2013-19, the
SC Richfield title of which is stated above. This
summary of the ordinance is pub-
lished pursuant to Section 3.12 of the
and has full knowledge of the facts stated hie ordnannceCis toeregulate and prof
below: hibit the sale of electronic cigarettes
(A The newspaper has com lied with all of to minors and to establish a licensing
) p requirement for the sale of such de-
the requirements constituting qualifica- vices.The ordinance also establishes
tion as a qualified newspaper as provided aadnccleitiownig thenCity's t bacco regula-
by Minn. Stat. §331A.02, §331A.07, and tions. Copies of the ordinance are
other applicable laws as amended. available for public Inspection in the
pp office of the City Clerk during normal
(B)This Public Notice was printed and pub- business hours or upon request by
lished in said newspaper(s) once each calling 612-861-9870 of the Support
Services Division, Business Licens-
week, for 1 successive week(s); the first ing.
insertion being on 10/03/2013 and the last /s/Nancy Gibbs,City Clerk
insertion being on 10/03/2013. 10/03/13 Bill 2013-19
By:
IA ' Authorized Agent
Subscribed and sworn to or affirmed before
me on 10/03/2013.
(1)--(4.„ ,--,r,2 21(-A-4-e-
Notary Public
f" a DIANE L, ELIASoN-- NOTARY PUBLIC-MINNESOTA r,`.s My Comm.Exp.Jan.31,2015
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