Bill No. 2018-06
BILL NO. 2018-6
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, tobacco products, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products, as these items are
defined in section 1146 of this Code, 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, tobacco products, tobacco-
related devices, electronic delivery devices, or nicotine or lobelia delivery products or
electronic cigarettes inside motor vehicles parked on the premises of City-owned parks,
conservation areas, open spaces or recreational facilities.
Sec. 2. Subsection 1146.01 of the Richfield City Code is amended as follows:
1146.01. – Findings and 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, 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 is intended to regulate the
sale, possession, and use of tobacco, tobacco products, 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, 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.
Subdivision 1.
The Richfield City Council makes the following Findings in
support of this section intended to regulate the sale, possession, and use of tobacco
and related devices and products and to protect young people against the serious
effects associated with the use of tobacco and related devices and products:
(a) The City Council recognizes that the sale of tobacco, tobacco-related
devices, electronic delivery devices, and nicotine or lobelia delivery products
to persons under the age of 18 violates both state and federal laws;
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(b) Studies, which the city hereby accepts and adopts, have shown that 95% of
smokers initiate use before the age of 21; and that almost no one starts
smoking after age 25;
(c) Tobacco use has been shown to be the cause of several serious health
problems which subsequently place a financial burden on all levels of
government;
(d) Raising the legal purchasing age to 21 will take legal purchasers out of the
social circles of underage users and studies have concluded that raising the
legal purchasing age for tobacco to 21 would result in a 12 percent decrease
in tobacco use and approximately 223,000 fewer premature deaths for those
born between 2000 and 2009;
(e) Raising the legal purchasing age to 21 is in line with the minimum age to buy
alcohol and simplifies ID checks for retailers;
(f) There is evidence to suggest that enforcement of possession, use, or
purchase (PUP) laws against youth detract from the enforcement of penalties
against retailers and that youth of color in Minnesota are disproportionately
over-represented in similar status-level offenses, increasing their interactions
with law enforcement and the juvenile justice systems;
(g) Enforcement of PUP laws has not been shown to reduce youth smoking
significantly and because PUP laws do not sufficiently take into account the
tobacco industry’s responsibility for targeting youth with its marketing
practices, this section is intended to regulate the sale of tobacco, tobacco-
related devices, electronic delivery devices, and nicotine or lobelia delivery
products for the purpose of enforcing and furthering existing laws, to protect
minors and young adults against the serious effects associated with use and
initiation, and to further the official public policy of the state in regard to
preventing young people from starting to smoke as stated in Minn. Stat. §
144.391, as it may be amended from time to time.
Subd. 2.
Studies. In making these findings, the City Council accepts the
conclusions and recommendations of: the Institute of Medicine’s report, “Public Health
Implications of Raising the Minimum Age of Legal Access to Tobacco Products” (2015),
the U.S. Surgeon General reports, “E-cigarette Use Among Youth and Young Adults”
(2016), “The Health Consequences of Smoking—50 Years of Progress” (2014) and
“Preventing Tobacco Use Among Youth and Young Adults” (2012); the Centers for
Disease Control and Prevention in their studies, “Tobacco Use Among Middle and High
School Students — United States, 2011– 2015,” and “Selected Cigarette Smoking
Initiation and Quitting Behaviors Among High School Students, United States, 1997”;
and of the following scholars in these scientific journals: Xin Xu et al., Annual
Healthcare Spending Attributable to Cigarette Smoking: An Update, Am. J. Prev. Med.
48(3): 326-33 (Mar. 2015); Giovino GA, “Epidemiology of Tobacco Use in the United
States,” Oncogene (2002) 21, 7326-40; Khuder SA, et al., “Age at Smoking Onset and
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its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October
1999; D’Avanzo B, et al., “Age at Starting Smoking and Number of Cigarettes Smoked,”
Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, “Age of
Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998;
Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking Behavior
Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November
1999, copies of which are adopted by reference; Wakefield, M & Giovino, G “Teen
Penalties for Tobacco Possession, Use, and Purchase: Evidence and Issues,” Tobacco
Control (2003) 12, i6 – i13; the Minnesota Juvenile Justice Advisory Committee’s report,
“2016 Annual report to Governor Mark Dayton and the Minnesota State Legislature
(2016).
Sec. 3. 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” means 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
including but not limited to; cigars; pipe tobacco; snuff, fine cut or other chewing
tobacco, cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and
other smoking tobacco; snuff; snuff flour; flowers, cavendish; shorts, plug and twist
tobaccos; fine cut and other chewing tobaccos; shorts; 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 pipes, cigarette rolling papers, or other devices
intentionally designed or intended to be used in a manner which enables the chewing,
sniffing, or smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-
related devices include components of tobacco-related devices which may be
marketed or sold separately.
Subd. 4.
Tobacco-Related Product. Any tobacco, tobacco-related device,
electronic delivery device, or nicotine or lobelia delivery product, as those terms are
defined in this section.
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Subd. 4 5.
Self-service merchandising. "Self-service merchandising" shall mean
open displays of tobacco, tobacco products, tobacco-related devices, or electronic
delivery devices or nicotine or lobelia delivery products cigarettes, in any manner
where any person has access to the tobacco, tobacco products tobacco-related
devices, or electronic cigarettes, such items without the assistance or intervention of
the licensee or the licensee's employee. The assistance or intervention entails the
actual physical exchange of the tobacco, tobacco product, tobacco-related device, or
electronic delivery device, or nicotine or lobelia delivery product cigarettes, between
the customer and the licensee or employee. Self-service merchandising shall not
include vending machines.
Subd. 5 6.
Vending machine. "Vending machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco
products, tobacco-related devices, or electronic delivery devices, or nicotine or lobelia
delivery products cigarettes, upon the insertion of money, tokens, or other form of
payment directly into the machine by the person seeking to purchase such items. the
tobacco, tobacco product, tobacco-related device, or electronic cigarettes.
Subd. 6 7.
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, tobacco-related devices, or electronic
delivery devices, or nicotine or lobelia delivery products 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.
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, tobacco-related devices, and electronic delivery devices, and
nicotine and lobelia delivery products cigarettes, are following and complying with the
requirements of this section. Compliance checks shall involve the use of minors
persons under the age of 21 as authorized by this section to attempt to purchase such
items. tobacco, tobacco products, 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
educational, research and training purposes or for the purpose of enforcing
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appropriate Federal, State or local laws and regulations relating to tobacco, tobacco
products, tobacco-related devices, and electronic delivery devices, and nicotine and
lobelia delivery products. cigarettes.
Subd. 12.
Electronic cigarette Delivery Device. "Electronic cigarette delivery
device" shall mean any electronic-smoking device product or electronic 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,
marketed, or sold as electronic delivery devices cigarettes, electronic cigars, electronic
pipes, vape pens, mods, tank systems, or under any other product name or descriptor
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
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 or any other
lighted or heated product, whether natural, synthetic, containing, made or derived from
nicotine, tobacco marijuana or other plant. Smoking also includes the inhaling or
exhaling of vapor from any electronic delivery device or nicotine or lobelia delivery
product cigarette, as well as carrying an electronic delivery such device or product
cigarette that is turned on or otherwise activated.
. . .
Subd. 18.
Sampling. "Sampling" shall mean the lighting of tobacco, tobacco
products, tobacco-related devices or the activation of and inhaling of vapor from
electronic delivery devices or nicotine or lobelia delivery products cigarettes in a retail
establishment by a customer or potential customer for the purpose of sampling the
product or device before a purchase.
Subd.19
. Nicotine or Lobelia Delivery Product. Any 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 in this section.
Nicotine or Lobelia Delivery Product does not include any product that has been
approved or otherwise verified for legal sale by the United States Food and Drug
Administration for tobacco use cessation or for other medical purposes, and is being
marketed and sold solely for that approved purpose.
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Sec. 4. 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, tobacco-related devices, or electronic cigarettes
delivery devices, or nicotine or lobelia delivery products 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, tobacco-related devices, or electronic delivery devices, or nicotine or lobelia
delivery products 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 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, tobacco-related device, or electronic delivery
devices or nicotine or lobelia delivery products. 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 21 years.
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(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, tobacco-related devices, or electronic
delivery devices, or nicotine or lobelia delivery products. cigarettes.
(h) The applicant has had a license to sell tobacco, tobacco products, tobacco-
related devices, or electronic delivery devices, or nicotine or lobelia delivery
products 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.
. . .
Sec. 5. Subsection 1146.09 of the Richfield City Code is amended as follows:
1146.09. – 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, tobacco-related device, or electronic
delivery device or nicotine or lobelia delivery product cigarettes:
(a) To any person under the age of 18 21 years.
(i) Age verification. Licensees must verify by means of government-issued
photographic identification that the purchaser is at least 21 years of age.
Verification is not required for a person over the age of 30. That the person
appeared to be 30 years of age or older does not constitute a defense to a
violation of this subsection.
(ii) Signage. Notice of the legal sales age and age verification requirement must
be posted at each location where licensed products are offered for sale. The
required signage, which will be provided to the licensee by the city, must be
posted in a manner that is clearly visible to anyone who is or is considering
making a purchase.
(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.
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(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 Packaging. The sale of any liquid, whether or not such
liquid contains nicotine, that is intended for human consumption and used in an
electronic delivery device or nicotine or lobelia delivery product cigarette or 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.
Smoking 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 delivery devices, nicotine or
lobelia delivery products cigarettes and products used in electronic delivery
devices and nicotine or lobelia delivery products cigarettes.
A licensee under this Section that allowed s sampling at its licensed premises on
or before October 23, 2014 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 identifyed in Minn. Stat. § 144.4167.
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Sec. 6. 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, tobacco-related devices, or electronic delivery devices
or nicotine or lobelia delivery products cigarettes, by the means of a vending machine.
Sec. 7. 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, tobacco-related devices, or electronic delivery devices or nicotine or
lobelia delivery products 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 item
tobacco, tobacco product, tobacco-related device, or electronic cigarettes, between
the licensee or licensee's employee and the customer. All tobacco, tobacco products,
tobacco-related devices, and electronic delivery devices and nicotine or lobelia
delivery products cigarettes, shall either be stored behind a counter or other area not
freely accessible to customers. Any retailer selling tobacco, tobacco products,
tobacco-related devices, or electronic cigarettes, at the time this section is amended
shall comply with this section within 30 days of the passage of the 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
products, tobacco-related devices, or electronic delivery devices or nicotine or lobelia
delivery products cigarettes, is exempt from the self-service merchandising provision if
the license holder prohibits anyone under 18 21 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 21 years of age from
entering the establishment.
Sec. 8. 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, tobacco-related
devices, or electronic delivery devices or nicotine or lobelia delivery products
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 employee to whatever
penalties are appropriate under this section, State or Federal law, or other applicable
law or regulation.
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Sec. 9. 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 twice per year, the City shall conduct compliance checks. One check will be
conducted by engaging, with the written consent of their parents or guardians, minors
a person over the age of 15 years, but less than 17 years of age, to enter the licensed
premise to attempt to purchase tobacco, tobacco products, tobacco-related devices,
or electronic delivery devices or nicotine or lobelia delivery products cigarettes. A
second check will be conducted by engaging a person over the age of 18 but less than
21 years of age, to enter the licensed premise to attempt to purchase such items.
Minors Persons 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 person used in compliance checks shall
attempt to use a false identification misrepresenting the minor's person’s age and all
minors persons lawfully engaged in a compliance check shall answer all questions
about the minor's person’s age, asked by the licensee or licensee's employee and
shall produce any identification, if any exists, for which the minor person 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. 10. Subsection 1146.19 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, tobacco-related devices, or
electronic delivery devices or nicotine or lobelia delivery products cigarettes, to any
minor person under the age of 21.
Subd. 3.
Illegal possession. It shall be a violation of this section for any minor to
have in their possession any tobacco, tobacco product, tobacco-related device, or
electronic cigarettes. This subdivision shall not apply to minors lawfully involved in a
compliance check.
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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, 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,
tobacco-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,
tobacco-related device, or electronic cigarettes. This subdivision shall not apply to
minors lawfully involved in a compliance check.
Subd. 6 3.
Use of false identification. It shall be a violation of this section for any
minor person under the age of 21 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. 11. Subsection 1146.23 of the Richfield City Code is amended by deleting
the following subdivision 3 relating to penalties:
1146.23. – Penalties.
Subd. 3.
Minors. Minors found in unlawful possession of, or who unlawfully
purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices,
or electronic cigarettes, shall be given the option of participating in a diversion
program rather than paying the violation fine.
Sec. 12. Subsection 1146.25 of the Richfield City Code is amended as follows:
1146.25. – Exceptions and defenses.
Subdivision 1.
Nothing in this ordinance section shall prevent the provision of
tobacco, tobacco products, tobacco-related devices, or electronic delivery devices
cigarettes, or nicotine or lobelia delivery products to a minor person under the age of
21 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, tobacco
products, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
delivery products to minors persons under the age of 21 or otherwise procure the sale
of tobacco such items to minors persons under the age of 21.
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Sec. 13. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 12th of June, 2018.
;Z;45--/
Pat Elliott, Mayor
ATTEST:
i
Eliza a VanHoose, ity Clerk
Bill No.2018-6
'
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELDSUMMARY PUBLICATION
STATE OF MINNESOTA ) BILL NO.2018-6
COUNTY OF HENNEPIN ss AN ORDINANCE AMENDING
SECTION 1146 OF THE
CITY CODE PERTAINING TO
Jessica Crabb being duly sworn on an oath, TOBACCO SALES AND THE
states or affirms that he/she is the Publisher's REGULATION OF SMOKING
Designated Agent of the newspaper(s)known y o unc 12,201 d,the ordinance
le
f� g City Council adopted an ordinan
as: designated as Bill No. 2018-6,the
title of which is stated above.This
SC Richfield summary of the ordinance is pub-
lished pursuant to Section 3.12
of the Richfield City Charter. The
with the known office of issue being located purpose of the Ordinance is to: 1)
in the county of: increase the minimum legal age to
HENNEPIN purchase tobacco, tobacco prod-
ucts and tobacco devices from 18
with additional circulation in the counties of: to 21 and adopt findings support-
HENNEPIN ing the change; 2) update defini-
and has full knowledge of the facts stated tions in order to stay compliant
below: with state law and current with new
(A The newspaper has com lied with all of tobacco products on the market;
) p 3) eliminate "purchase, use, and
the requirements constituting qualifica- possession" penalties against un-
tion as a qualified newspaper as provided der-age individuals.
by Minn.Stat.§331A.02. Copies of the ordinance are
(B This Public Notice wasprinted andpub- available for public inspectionringnr al
) the City Clerk's office during normal
fished in said newspaper(s) once each business hours or upon request by
week, for 1 successive week(s); the first calling 612-861-9738.
insertion being on 06/21/2018 and the last Adopted by the City Council of
the City of Richfield,Minnesota this
insertion being on 06/21/2018. 12th day of June,2018.
Pat Elliott
MORTGAGE FORECLOSURE NOTICES Mayor
Pursuant to Minnesota Stat. §580.033 ACity ClTTEST:erk Elizabeth VanHoose
relating to the publication of mortgage Published in the
foreclosure notices: The newspaper complies Richfield Sun Current
with the conditions described in §580.033, June 21,2018
subd. 1, clause (1) or(2). If the newspaper's 826895
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circula':I is in the latter county.
it
By: ffa ,,
1
WI Designated Agent
Subscribed and sworn to or affirmed before
me on 06/21/2018 by Jessica Crabb.
'CD 0A-Q..01-4. it'\ Mckt MNIZA4-e---y-\
Notary Public
a' DARLENE MARIE MACPHERSON
m'''"\" Notary Public-Minnesota
My Commission Expires Jan 31,2019
.,:
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$34.45 per column inch
Ad ID 826895