2015-13 BILL NO. 2015-13
AN ORDINANCE AMENDING SECTION 1146 OF THE CITY CODE
PERTAINING TO TOBACCO SALES AND THE
REGULATION OF SMOKING
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 840.13 of the Richfield City Code is amended as follows:
No person may use tobacco products or electronic cigarettes on City-owned
parks, conservation areas, open spaces, or recreational facilities, including without
limitation: trails within parks used for walking and biking, picnic shelters, athletic fields,
and play areas. This subsection does not apply to the use of tobacco products or
electronic cigarettes inside motor vehicles parked on the premises of City-owned parks,
conservation areas, open spaces or recreational facilities.
Sec. 2. The following definition in subsection 1146.03 of the Richfield City Code
is amended as follows:
Subd. 12. Electronic cigarette. "Electronic cigarette" shall mean any electronic-
smoking device that can be used to deliver nicotine, lobelia or any other substances to
the person inhaling 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 and includes any component part of such a product whether or not
sold separately. 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 1146.03 of the Richfield City Code is amended by adding the
following new definitions:
Subd. 13. Cigar. A "cigar" shall mean any roll of tobacco that is wrapped in
tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece,
that is not a cigarette as defined in Minn. Stat. § 297F.01, subdivision 3 as amended
from time to time.
Subd. 14. Smoking. "Smoking" shall mean inhaling or exhaling from, or
carrying, any lighted or heated tobacco, tobacco product or tobacco-related device.
Smoking also includes the inhaling or exhaling of vapor from any electronic cigarette, as
well as carrying an electronic cigarette that is turned on or otherwise activated.
Subd. 15. Place of Em•to ment. "Place of em•to ment" shall mean an indoor
area at which two or more individuals perform any type of service for consideration of
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payment under any type of contractual relationship, including, but not limited to, an
employment relationship with or for a private corporation, partnership, individual, or
government agency. Place of employment includes any indoor area where two or more
individuals gratuitously perform services for which individuals are ordinarily paid. A
place of employment includes, but is not limited to, public conveyances, factories,
warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food
stores, banks, financial institutions, employee cafeterias, lounges, auditoriums,
gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling
establishments, employee medical facilities, and rooms or areas containing
photocopying equipment or other office equipment used in common. Vehicles used in
whole or in part for work purposes are places of employment during hours of operation if
more than one person is present. An area in which work is performed in a private
residence is a place of employment during hours of operation if:
(1) the homeowner uses the area exclusively and regularly as a principal
place of business and has one or more on-site employees; or
(2) the homeowner uses the area exclusively and regularly as a place to meet
or deal with patients, clients, or customers in the normal course of the homeowner's
trade or business.
Subd. 16. Public Meetina. "Public meeting" shall mean any meeting open to the
public pursuant to Minn. Stat. § 13D.01.
Subd. 17. Public Place. "Public place" shall mean any enclosed, indoor area
used by the general public, including, but not limited to, restaurants; bars; any other
food or liquor establishment; retail and other commercial establishments; educational
faciltiies; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms;
and common areas of rental apartment buildings.
Subd. 18. Samplina. "Sampling" shall mean the lighting of tobacco, tobacco
products, tobacco-related devices or the activation of and inhaling of vapor from
electronic cigarettes in a retail establishment by a customer or potential customer for the
purpose of sampling the product or device before a purchase.
Sec. 4. Subsection 1146.09 of the Richfield City Code is amended as follows:
1146.09. Prohibited sales. Prohibitions.
Subdivision 1. 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.
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(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.
Subd. 2. Child-Resistant Packa•ins. The sale of an li•uid whether or not such
liquid contains nicotine, that is intended for human consumption and used in an
electronic cigarette or electronic delivery device, that is not contained in child-resistant
packaging, is prohibited. All licensees under this Section must ensure that any such
liquid is sold in child-resistant packaging, as defined in Minn. Stat. § 461.20, as
amended from time to time.
Subd. 3. Cigar Sales. No person shall sell, offer for sale, or otherwise distribute
cigars in original packages containing three (3) or fewer cigars for a sale price, after any
coupons, multipack or buy-one-get-one promotions, or any other discounts are applied
and prior to applicable sales taxes being imposed, of less than two dollars and sixty
cents ($2.60) per cigar contained within. In addition, no person shall sell, offer for sale,
or otherwise distribute cigars in original packages of four (4) or more cigars for a sale
price, after any coupons, multipack or buy-one-get-one promotions, or any other
discounts are applied and prior to applicable sales taxes being imposed, of less than ten
dollars and forty cents ($10.40) per package. This subdivision does not apply to
premium cigars as defined in Minn. Stat. § 297F.01, subdivision 13a. This subdivision
shall become effective January 1, 2016.
Subd. 4. Smokin and Sampling Prohibited.
(a) Smoking shall be prohibited, and no person shall smoke, in a public place,
at a public meeting, or in a place of employment. This subdivision also
prohibits the sampling of tobacco, tobacco products, electronic cigarettes
and products used in electronic cigarettes.
-.A licensee under this Section that allows sampling at its licensed
premises on or before the effective date of this ordinance may continue to
allow sampling, but only while that certain licensee operates at that certain
licensed premises.
Subd. 5. Smoking permitted. Except sampling, which is expressly prohibited
under subd. 4, smoking is permitted as identified in Minn. Stat. § 144.4167.
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Sec. 5. 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 twice 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, 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.
Sec. 6. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 10th of November, 2015.
By: - u��� ,is%i
Y
Debbie Goettel, Mayor
ATT- T.
i , J
Elizab° VanHoose, City Clerk
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AFFIDAVIT OF PUBLICATION City of Richfield
(Official )
STATE OF MINNESOTA )ss RESOLUTION Publication NO.11139
COUNTY OF HENNEPIN RESOLUTION APPROVING
SUMMARY PUBLICATION OF
Charlene Vold being duly sworn on an oath, AN ORDINANCE PERTAINING
g y TO TOBACCO SALES AND
states or affirms that he/she is the Publisher's THE REGULATION OF SMOKING
Designated Agent of the newspaper(s)known WHEREAS,the City has adopted
as: the above referenced ordinance;and
WHEREAS, the verbatim text of
SC Richfield the ordinance is cumbersome,and
the expense of publication of the
complete text is not justified;and
with the known office of issue being located WHEREAS, the following sum-
in the county of: mary clearly informs the public of
HENNEPIN the intent and effect of the ordi-
nance.
with additional circulation in the counties of: NOW THEREFORE, BE IT RE-
HENNEPIN SOLVED by the City Council of the
and has full knowledge of the facts stated City of Richfield that the following
below: summary is hereby approved for of-
ficial publication:
(A)The newspaper has complied with all of SUMMARY PUBLICATION
the requirements constituting qualifica- BILL NO.2015-13
tion as a qualified newspaper as provided AN ORDINANCE AMENDING
Minn. Stat. 331 A.02. SECTION 1146 OF THE
b
y § CITY CODE PERTAINING TO
(B)This Public Notice was printed and pub- TOBACCO SALES AND
lished in said newspaper(s) once each THE REGULATION OF SMOKING
week, for 1 successive week(s); the first On November 10, 2015, the
insertion being on 11/19/2015 and the last Richfield Cit ordinance designated y Council adas opteBill Nod an
.
insertion being on 11/19/2015. 2015-13,the title of which is stated
above. This summary of the or-
MORTGAGE FORECLOSURE NOTICES dnus
§580.033 Section inace 3is.1 p2 of the blished Richfpurield uant City to
Pursuant to Minnesota Stat. Charter. The purpose of the Ordi-
relating to the publication of mortgage nance is to: 1) prohibit the use of
foreclosure notices: The newspaper complies electronic cigarettes in city-owned
with the conditions described in §580.033, pes;arks 2)and expand other and recreational clarify the facili-
ti defi-
subd. 1, clause (1) or(2). If the newspaper's nition of electronic cigarette;3)add
known office of issue is located in a county definitions to the Code pertaining
adjoining the county where the mortgaged to smoking, sampling and places
i premises or some part of the mortgaged Prohibit he sale iosf nyhelectronc)
premises described in the notice are located, cigarette liquid that is not in child-
a substantial portion of the newspaper's resistant packaging;5)set minimum
circulation is in the latter county. pricing for certain cigar sales;6)pro-
hibit indoor smoking and sampling
of tobacco products and electronic
Q`), a a , , (lt
cigarettes,except in establishments
1�����v that are already licensed and offer-
ing ing sampling;and,7)codify the cur-
Designated Agent rent practice of the City to conduct
at least two compliance checks of
Subscribed and sworn to or affirmed before licensed premises.
me on 11/19/2015 by Charlene Vold. BE IT FURTHER RESOLVED,that
the City Clerk is directed to keep a
copy of the Ordinance in her office
at City Hall for public inspection and to^ in post a full copy in the Citf for Ordinance
P-9-0 p �! in a public place in the City for a
period of two weeks.Copies of the
Notary Public Ordinance are also available upon
request by calling 612-861-9738.
Adopted by the City Council of
,,DARLENE MARIE MACPHERSON the City of Richfield,Minnesota this
4.TfeaT,E 10th day of November,2015.
< , Debbie Goettel,Mayor
-• >_ >_� Notary Public-Minnesota ATTEST:
�'7.�'..0 My Commission Expires Jan 31,2019 Elizabeth VanHoose,City Clerk
ION
11/19/15,3SC2,
Resolution No.11139,475828
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