07-25-2023 City Council AgendaR EG U LAR C IT Y C O U N C IL MEET IN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
J U LY 25, 2023
7:00 P M
IN TR O D U C TO RY P R O C E E D IN G S
C all to order
P ledge of A llegiance
Open forum
C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2633 091 4443 and password:
1234.
P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments.
A pproval of the Minutes of the (1) C ity C ouncil Work S ession of J uly 11, 2023; and (2) C ity C ouncil Meeting of J uly 11,
2023.
P R E S E N TATIO N S
1.P roclamation C elebrating the P assage of the A mericans with D isabilities A ct
AG E N D A APPR O VAL
2.A pproval of the A genda
3.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider an interim ordinance repealing transitory ordinance 19.26, which authorized a study and imposed
a moratorium on the sale of edible cannabinoid products.
S taff Report No. 89
4.C onsideration of items, if any, removed from C onsent C alendar
PR O P O S E D O R D IN AN C E S
5.C onsider approval of the first reading of an interim ordinance authorizing a study and imposing a moratorium on
the operation of cannabis businesses in the C ity until January 1, 2025, unless repealed earlier at an earlier date
by the C ity C ouncil.
S taff Report No. 90
6.C onsider the approval of the first reading of an ordinance amending C hapter 11, S ection 1146 of the Richfield
C ity C ode to include eliminating the sale of flavored products and capping the number of tobacco licenses.
S taff Report No. 91
R E S O L U T IO N S
7.C onsider the approval of a Resolution A pproving 2023 S tate L egislation for a L ocal Option S ales Tax in
Richfield.
S taff Report No. 92
C IT Y MAN AG E R’S R E P O R T
8.C ity Manager's Report
C LAIMS AN D PAYR O L LS
9.C laims and P ayroll
C O U N C IL D ISC U SSIO N
10.Hats Off to Hometown Hits
11.A djournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9739.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
July 11, 2023
CALL TO ORDER
Mayor Supple called the work session to order at 5:45 p.m. in the Bartholomew Room.
Council Members
Present:
Council Members
Absent:
Mary Supple, Mayor; Simon Trautmann; Sean Hayford Oleary; and Sharon
Christensen
Ben Whalen
Staff Present:
Katie Rodriguez, City Manager; Dustin Leslie, City Clerk; Sack Thongvanh,
Assistant City Manager; Jay Henthorne, Police Chief; Chris Fierst, Liquor
Store Manager; Jennifer Anderson, Health Administrator; Samantha Crosby,
Planner; Mary Tietjen, City Attorney
ITEM #1
PRESENTATION, POLICY RECOMMENDATIONS, AND DISCUSSION OF THE
NEW ADULT USE CANNABIS LAW, AND EDIBLE CANNABINOID PRODUCTS
(ECPS)/LOW-POTENCY EDIBLES AS IT RELATES TO CITY REGULATION
City Manager Rodriguez introduced the topic and spoke about the Edible Cannabinoid Product
(ECP) moratorium as well as new legislation.
Health Administrator Anderson began the presentation by covering how cities would be able to
regulate the cannabis business. Mayor Supple asked staff to define cannabis business. City Attorney
Tietjen stated a cannabis business was any operation that sells cannabis products.
Health Administrator Anderson continued the presentation by covering the business
registration process for the city and the state.
Chief Henthorne spoke about ECPs and considerations with the new law passed by the
legislature.
Liquor Store Manager Fierst gave an update on liquor store operations and revenues. He
noted that the ability to sell ECPs may be able to offset the loss of tobacco products in stores. Council
Members discussed selling low-potency THC products in Richfield liquor stores and came to a
consensus in supporting ECP sales. City Attorney Tietjen stated liquor stores could not sell high
potency cannabis products but cities could operate a municipal cannabis business.
City Council Work Session Minutes
-2- July 11, 2023
Health Administrator Anderson and Chief Henthorne discussed hemp products vs. cannabis
products as well as its future regulation. He also spoke of considerations for the police department
including staff training, violations, and enforcement. He then spoke about law changes regarding
ECPs that have gone into effect since the moratorium was put into place.
Health Administrator Anderson showed Council an example of a Cannabis Buffer Map that
would be the most restrictive possible. Council Member Hayford Oleary asked if new zoning was to be
approved for adult-use cannabis if it would replace zoning for medical cannabis. Director Poehlman
confirmed it would.
Council Member Hayford Oleary asked staff if buffers worked. Chief Henthorne stated they
helped with appearance and could lessen the number of complaints. Council Member Hayford Oleary
stated he preferred no buffers for ECPs but would be more open to them for adult -use cannabis.
Council Member Christensen noted parks currently prohibit smoking and alcohol use and
asked if THC would be prohibited as well. Director Poehlman stated staff was looking for guidance
from Council on what restrictions should be put in place.
Mayor Supple spoke about making decisions about zoning and asked if changes were made
later if that could cause THC businesses to become non-conforming to the law in the future. Director
Poehlman confirmed that would be a risk.
Mayor Supple asked what the purpose of buffers was. City Attorney Tietjen stated they would
be to limit access in certain areas. Mayor Supple stated she did not think there should be buffers for
ECPs but did support an ordinance prohibiting consumption in parks.
Council Member Hayford Oleary spoke about the possibility of allowing consumption of low
abv alcohol in parks in the future and did not think the city should prevent residents from consuming
ECPs in parks.
Council Member Hayford Oleary asked Council Members if they were supportive of capping
the amount of cannabis shops in Richfield. Council Member Trautmann and Mayor Supple agreed
that there should be a limit on dispensaries in the city.
Health Administrator Anderson spoke about options in capping the amount of adult-use
cannabis licenses in the city. She said four could be distributed across the city. Council Member
Trautmann noted that he was comfortable with a limit of two shops if that was the most restrictive cap
per population – one could be in east Richfield and one could be in West Richfield. Council Member
Christensen noted the limit could be raised in the future. Mayor Supple stated she was comfortable
with three or four in the city.
Director Poehlman asked if cities were allowed to require geographical distributions across the
city. City Tietjen replied that it was unclear if that was allowed.
Health Administrator Anderson spoke about next steps in the process and asked Council to
decide on what they wanted to do in regard to the ECP moratorium and if they wanted to put an adult-
use cannabis moratorium in place.
Council agreed with lifting the ECP moratorium and doing nothing to restrict where could it be
sold.
Health Administrator Anderson spoke about having a moratorium for adult-use cannabis until
January 1, 2025. She said it would give the city some teeth in enforcing violations against illegal
cannabis operations prior to the availability of licensing. Council came to consensus in having a
moratorium on adult-use cannabis.
City Council Work Session Minutes
-3- July 11, 2023
ADJOURNMENT
Mayor Supple adjourned the work session at 6:57 pm
Date Approved: July 25, 2023
Mary B. Supple
Council Member
Dustin Leslie Katie Rodriguez
City Clerk City Manager
CALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers.
Council Members Present:
Mary Supple, Mayor; Sharon Christensen; Simon Trautmann;
and Sean Hayford Oleary
Council Members
Absent:
Ben Whalen
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; and
Dustin Leslie, City Clerk
Others Present:
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
OPEN FORUM
Mayor Supple reviewed the options to participate:
Participate live by calling 1-415-655-0001 during the open forum portion
Call prior to meeting 612-861-9711
Email prior to meeting kwynn@richfieldmn.gov
Ruane Onesirosan, 2421 W. 65th Street, handed out two documents to the Council supporting
her viewpoint the action taken by the City Housing and Redevelopment Authority on June 5, 2023, was
unlawful and unbinding and read from a prepared statement regarding those documents. She also
noted she had spoken at the June 27, 2023 Open Forum where she requested information be provided
regarding salaries and benefits the City paid to council members.
APPROVAL OF MINUTES
M/Hayford Oleary, S/Trautmann to approve the minutes of the: (1) City Council Work Session
of June 27, 2023; (2) City Council Meeting of June 27, 2023.
Motion carried: 4-0
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
July 11, 2023
City Council Meeting Minutes -2- July 11, 2023
ITEM #1
APPROVAL OF THE AGENDA
M/Trautmann, S/Christensen to approve the agenda.
Motion carried: 4-0
ITEM #2
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider adoption of a resolution designating polling places for 2023 (Staff Report No. 86)
RESOLUTION NO. 12108
RESOLUTION DESIGNATING POLLING PLACES FOR
2023
B. Consider a request for a Conditional Use Permit to allow a 48-child pre-school and day care
at 7227 Penn Avenue South (St. Nicholas Episcopal Church) (Staff Report No. 87)
RESOLUTION NO. 12109
RESOLUTION APPROVING A CONDITIONAL USE
PERMIT FOR A PRESCHOOL AND DAY CARE AT 7227
PENN AVENUE SOUTH
M/Trautmann, S/Hayford Oleary to approve the consent calendar.
Motion carried: 4-0
ITEM #3
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #4
CONSIDER THE ADOPTION OF A RESOLUTION APPOINTING A
REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD
TOURISM PROMOTION BOARD. (STAFF REPORT NO. 88)
Hayford Oleary presented Staff Report 88.
M/Hayford Oleary, S/Christensen to adopt a resolution appointing at-large citizen Director to the
Board of Directors of the Richfield Tourism Promotion Board, Inc.
RESOLUTION NO. 12110
City Council Meeting Minutes -3- July 11, 2023
RESOLUTION APPOINTING AT-LARGE CITIZEN DIRECTOR TO THE BOARD OF
DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC.
Motion carried: 4-0
ITEM #5
CITY MANAGER’S REPORT
City Manager Rodriguez stated she had no report.
ITEM #6
CLAIMS AND PAYROLL
M/Trautmann, S/Christensen that the following claims and payrolls be approved:
U.S. BANK 07/11/2023
A/P Checks: 322316-322607 $4,643,390.54
Payroll: 179749-180117; 43652; 43653;
43564 $563,297.90
TOTAL $5,206,688.44
Motion carried: 4-0
ITEM #7
HATS OFF TO HOMETOWN HITS
Council Member Christensen stated she had visited the food truck last Friday and recommended
Soul to Soul BBQ.
Council Member Trautmann gave hats off to Penn Fest coming up this Fall and encouraged
residents to get involved. He stated they were also looking for interested people to help organize a
parade next year for Red, White & Blue Days.
Council Member Hayford Oleary noted the date for the Joyful Riders Ride is August 9.
Mayor Supple thanked Council Member Whalen for running the last Work Session and Council
Member Trautmann for running the last Council meeting. She gave a shout out to Director Markel and
staff for putting on The Little Sparklers event. She also gave a shout out to everyone involved in the
Farmers Market. She stated a resident wanted her to give a shout out to the Community Center staff
on the fine job they were doing. She indicated Council Member Hayford Oleary and she went to the
Woodlake Point Condominium and they had a great conversation.
ITEM #8
ADJOURNMENT
M/Trautmann, S/Hayford Oleary to adjourn the meeting at 7:15 p.m.
Motion carried: 4-0
City Council Meeting Minutes -4- July 11, 2023
Date Approved: July 25, 2023
Mary B. Supple
Mayor
Dustin Leslie Katie Rodriguez
City Clerk City Manager
Proclamation of the City of Richfield
WHEREAS, the Americans with Disabilities Act (ADA) was passed on July 26, 1990, to
ensure the civil rights of citizens with disabilities; and
WHEREAS, the City of Richfield affirms the principles of equality and inclusion for persons
with disabilities as embodied in the ADA, the laws of the State of Minnesota, and
ordinances of the City of Richfield; and
WHEREAS, numerous organizations in the City of Richfield work with constituents and
communities to bring forth the promise of hope and freedom that is envisaged by the
passage of the ADA; and
WHEREAS, the City of Richfield is committed to providing accessible services to residents
with disabilities through such programs as the Adaptive Recreation & Learning Exchange
Cooperative, which offers opportunities for people with disabilities to actively participate in
recreation, leisure and community education opportunities specifically designed to meet the
needs of people with disabilities in; and
WHEREAS, people with disabilities make up approximately 8.4% of the population of the
City of Richfield; and
WHEREAS, July 26, 2023, celebrates the anniversary of the Americans with Disabilities
Act; and
WHEREAS, the City of Richfield strives to promote an environment of equity and inclusion;
and
WHEREAS, the Richfield Human Rights Commission supported this proclamation at its July
6, 2023 meeting and recommended the Richfield City Council do the same; and
Now, THEREFORE, I, Mary Supple, Mayor of Richfield, on behalf of the Richfield City
Council, do hereby proclaim the month of July 2023 as Americans with Disabilities
Act Awareness month in the City of Richfield and call on the people of Richfield to
observe this month with appropriate programs, activities, and ceremonies, and
continue to honor the contributions of persons with disabilities throughout the year.
PROCLAIMED this 25th day of July 2023.
Mary B. Supple, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF RE P ORT NO. 89
CIT Y COUNCIL ME E T ING
7/25/2023
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
7/19/2023
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
7/19/2023
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider an interim ordinance repealing transitory ordinance 19.26, which authorized a study and
imposed a moratorium on the sale of edible cannabinoid products.
E X E C UT IV E S UM M ARY:
On J uly 1, 2022, it became legal to sell certain products containing delta-9 (THC products) in Minnesota. The
legislation allows THC products to be sold if the following requirements are met:
Not more than 5mg of THC per dose
Not more than 50 mg of THC per container
The purchaser is at least 21 years old.
The products are not marketed towards children.
On October 25, 2022, the Richfield City Council approved a one year moratorium on selling THC products.
The moratorium went into effect on December 3, 2022 and expires on December 3, 2023, or the City Council
repeals it.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an ordinance repealing interim ordinance 19.26 which
authorized a study and imposed a moratorium on the sale of edible cannabinoid products, and
schedule a second reading of the ordinance for August 8, 2023.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
On J uly 1, 2022, it became legal to sell certain products containing delta-9 (THC products) in Minnesota.
The legislation allows THC products to be sold if certain requirements are met including that there are not
more than 5mg of THC per dose and 50 mg of THC per container; the purchaser is at least 21 years
old; and the products are not marketed towards children.
On October 25, 2022, the Richfield City Council approved a one year moratorium on THC products.
The moratorium went into effect on December 3, 2022 and is in effect until it expires on December 3,
2023, or the City Council repeals it.
W ith the advent of adult use cannabis, in a J uly 11, 2023 work session, staff provided the City Council
with recommendations, including to repeal interim ordinance 19.26, and not temporarily license
businesses that sell these products. Businesses who sell these products in Richfield will need to register
with the Minnesota Department of Health by October 1, 2023.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The city of Richfield addresses medical cannabis in the Zoning code.
C.C R IT IC AL T IMIN G IS S U E S:
Regulations for retailers wanting to sell edible cannabinoid products will be overseen by the
Minnesota Department of Health (MDH) until the Office of Cannabis Management is open.
T hese retailers will need to register with MD H by October 1, 2023.
D.F IN AN C IAL IMPAC T:
There will be a financial impact in Public Safety due to the mandated compliance checks of retailers
selling edible cannabinoid products. Compliance checks must be conducted to address age verification,
operational requirements and product THC limits. Public Safety staff will also need to be trained to
conduct these specific compliance checks.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the proposed ordinance and approves of its contents.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could decide to not repeal interim ordinance 19.26 and direct staff on how to proceed.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
Ordinance to repeal 19.26 C over Memo
BILL NO. _____
AN INTERIM ORDINANCE
REPEALING TRANSITORY ORDINANCE 19.26 THAT AUTHORIZED A STUDY AND
IMPOSED A MORATORIUM ON THE SALE OF EDIBLE CANNABINOID PRODUCTS
THE CITY OF RICHFIELD DOES ORDAIN:
Sec. 1. Transitory Ordinance 19.26 is hereby repealed.
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Adopted by the City Council of the City of Richfield on this 8th day of August 2023.
Mary Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #5.
STAFF RE P ORT NO. 90
CIT Y COUNCIL ME E T ING
7/25/2023
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
7/19/2023
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
7/19/2023
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider approval of the first reading of an interim ordinance authorizing a study and imposing a
moratorium on the operation of cannabis businesses in the City until January 1, 2025, unless repealed
earlier at an earlier date by the City Council.
E X E C UT IV E S UM M ARY:
The Minnesota Legislature recently enacted, and the Governor signed, 2023 Minnesota Session Laws,
Chapter 63 - H.F. No. 100 ("the Act"), which is comprehensive legislation relating to adult use cannabis.
The Act provides that if a city is "conducting studies or has authorized a study to be conducted or has held or
has scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions on
the time, place, and manner of the operation of a cannabis business, the governing body of the local unit of
government may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of
protecting the planning process and the health, safety, and welfare of it's citizens." As part of a city's interim
ordinance, the city may prohibit a cannabis business from opening until J anuary 1, 2025.
The City Council held a work session on J uly 11, 2023 to hear staff recommendations and discuss the Adult
Use Cannabis legislation, required city regulation and its impacts on the city. Staff were directed by the City
Council to bring a first reading of an interim ordinance to the J uly 25, 2023 city council meeting, imposing a
moratorium on the operation of cannabis businesses until J anuary 1, 2025.
The City Council can repeal the adult use cannabis moratorium earlier if the City is notified by the OC M that
a license application is pending approval before J anuary 1, 2025. The City has 30 days to respond to the
OC M on whether the business meets city zoning and building regulations.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first re ading of an inte rim ordinance authorizing a study and imposing
a moratorium on the operation of cannabis busine sses in the City until January 1, 2025, and
set a public hearing for August 8, 2023.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Minnesota Legislature recently enacted, and the Governor signed, 2023 Minnesota Session Laws,
Chapter 63 - H.F. No. 100 ("the Act"), which is comprehensive legislation relating to Cannabis including,
but not limited to, the establishment of the Office of Cannabis Management ("OC M"); legalizing and
limiting the possession and use of cannabis and certain hemp products by adults; providing for the
licensing, inspection, and regulation of cannabis businesses and hemp businesses; taxing the sale of
cannabis flower, cannabis products, and certain hemp products; establishing grant and loan programs;
amending criminal penalties; providing for expungement of certain convictions and providing for the
temporary regulation of certain edible cannabinoid products.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City Council passed a moratorium on edible cannabinoid products in 2022, and will consider the
repeal of the moratorium at the August 8, 2023 City Council meeting.
C.C R IT IC AL T IMIN G IS S U E S:
Enacting the moratorium on the operation of cannabis businesses in the City gives the City the authority
to initiate any legal action deemed necessary to secure compliance with this Ordinance.
D.F IN AN C IAL IMPAC T:
The financial impact of this legislation is unknown at this time. Staff will have a better idea of possible
impacts after October 1, 2023, the deadline for businesses selling edible cannabinoid products to
register with the state.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the proposed interim ordinance and approves of its contents.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could decide to not approve the first reading of the moratorium and direct staff on how to
proceed.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
A UC moratorium C over Memo
1
BILL NO. 2023-___
TRANSITORY ORDINANCE NO. ____
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES WITHIN THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Legislative Findings and Authority.
(A) The Minnesota Legislature recently enacted, and the Governor signed, 2023
Minnesota Session Laws, Chapter 63 – H.F. No. 100 (the “Act”), which is
comprehensive legislation relating to cannabis including, but not limited to, the
establishment of the Office of Cannabis Management (“OCM”), legalizing and
limiting the possession and use of cannabis and certain hemp products by
adults, providing for the licensing, inspection, and regulation of cannabis and
hemp businesses, taxing the sale of cannabis flower, cannabis products, and
certain hemp products, establishing grant and loan programs, amending
criminal penalties, providing for expungement of certain convictions, and
providing for the temporary regulation of Edible Cannabinoid Products.
(B) The Act provides local units of government certain authority related to Cannabis
Businesses, including the authority to (i) require local registration of certain
Cannabis Businesses operating retail establishments, (ii) adopt reasonable
restrictions on the time, place, and manner of the operation of Cannabis
Businesses, provided that such restrictions do not prohibit the establishment or
operation of a Cannabis Business, (iii) limit the number of certain Cannabis
Businesses based on the population of the community, and (iv) prohibit the
operation of a Cannabis Business within 1,000 feet of a school, or 500 feet of
a day care, residential treatment facility, or an attraction within a public park
that is regularly used by minors, including a playground or athletic field.
(C) The Act requires the OCM, which was established effective July 1, 2023, to
work with local governments to develop model ordinances for reasonable
restrictions on the time, place, and manner of the operation of Cannabis
Businesses. The Act also requires the OCM to establish additional rules and
regulations relating to the operation of Cannabis Businesses. It is anticipated
that the city of Richfield (the “City”) will benefit from reviewing and analyzing
the OCM’s model ordinances, rules, and regulations before making any
decisions related to the regulation of Cannabis Businesses in the City.
(D) The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit
of government that is conducting studies or has authorized a study to be
conducted or has held or scheduled a hearing for the purpose of considering
2
adoption or amendment of reasonable restrictions on the time, place and
manner of the operation of Cannabis Businesses to adopt an interim ordinance
applicable to all or part of its jurisdiction for the purpose of protecting the
planning process and the health, safety, and welfare of its citizens. The interim
ordinance may regulate, restrict, or prohibit the operation of Cannabis
Businesses within the jurisdiction or a portion thereof until January 1, 2025.
(E) Given the uncertainty regarding the model ordinances to be developed by the
OCM and the broad scope of the changes to Minnesota law brought about by
the Act, the City desires to adopt an interim ordinance for the purpose of
protecting the planning process and the health, safety, and welfare of its
citizens.
(F) The City desires to conduct a study for the purpose of considering the adoption
or amendment of reasonable restrictions on the time, place, and manner of the
operation of Cannabis Businesses as well as the other regulations local units
of government may adopt under the Act.
(G) On _________, 2023, after providing at least 10 days published notice, the City
Council held a public hearing regarding the consideration and adoption of an
interim ordinance prohibiting the operation of Cannabis Businesses within the
City until January 1, 2025.
Section 2. Definitions. For purposes of this Ordinance, the following terms shall have
the meaning given them in this section.
(A) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(B) “Cannabis Business” has the meaning given the term in Minnesota Statutes,
section 342.01, subdivision 14.
(C) “City” means the city of Richfield, a Minnesota municipal corporation.
(D) “Edible Cannabinoid Product” has the meaning given the term in Minnesota
Statutes, section 151.72, subdivision 1(f).
(E) “OCM” means the Office of Cannabis Management, established as set forth in
Minnesota Statutes, section 342.02, subd. 1.
(F) “Ordinance” means this interim ordinance, which is adopted pursuant to
Minnesota Statutes, section 342.13(e).
Section 3. Study Authorized. The City Council hereby authorizes and directs City staff
to conduct a study regarding the adoption or amendment of reasonable restrictions on
the time, place, and manner of the operation of Cannabis Businesses, as well as other
potential local regulations allowed under the Act, and report to the City Council on the
3
potential regulation of Cannabis Businesses. The study may include a review of any
model ordinances that OCM is directed to draft under Minnesota Statutes, section
342.13(d), an analysis of potential setback regulations allowed under Minnesota Statutes,
section 342.13(c), and such other matters as staff may determine are relevant to the City
Council’s consideration of this matter. The report may also include City staff’s
recommendations on whether the City Council should adopt regulations and, if so, the
recommended types of regulations.
Section 4. Moratorium. A moratorium is hereby imposed on the operation of any
Cannabis Business within the City. During the term of this Ordinance, no business,
person, or entity may establish or operate a Cannabis Business within the jurisdictional
boundaries of the City. Accordingly, during the period that this Ordinance is in effect, the
City shall not accept, process, or act on any application, site plan, building permit, zoning
request, or other approval, including any requested confirmation, certification, approval,
or other request from the OCM or other governmental entity requesting City review of any
application or proposal for a business proposing to engage in the operation of a Cannabis
Business. During the term of the moratorium, it is a violation of this Ordi nance for any
business, person, or entity to establish or operate a Cannabis Business within the City.
Section 5. Exceptions. The moratorium imposed by this Ordinance does not apply to:
(i) the continued operation of a duly established business as part of the Medical Cannabis
Program administered by the Minnesota Department of Health that was lawfully operating
within the City prior to the effective date of this Ordinance; or (ii) the sale of Edible
Cannabinoid Products, provided, however, that nothing in this Ordinance exempts a
business, person, or entity from complying with all other requirements and prohibitions of
applicable laws and ordinances related to such exceptions.
Section 6. Enforcement. Violation of this Ordinance is a misdemeanor. The City may
also enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy
in any court of competent jurisdiction. A violation of this Ordinance is also subject to the
City’s general penalties prescribed in the city code and may further result in the City
reporting violations to the OCM, if relevant to OCM licensing. The City Council hereby
authorizes City staff and consultants to initiate any legal action deemed necessary to
secure compliance with this Ordinance.
Section 7. Severability. Every section, provision, and part of this Ordinance is declared
severable from every other section, provision, and part. If any section, provision, or part
of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision, or part of this Ordinance.
Section 8. Effective Date and Term. This Ordinance shall be effective in accordance
with Section 3.09 of the Richfield City Charter and shall remain in effect until January 1,
2025, or until the City Council expressly repeals it, whichever occurs first.
4
Adopted by the City Council of the City of Richfield on this ___ day of ___________,
2023.
_______________________________
Mary Supple, Mayor
Attest:
_________________________
Dustin Leslie, City Clerk
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #6.
STAFF RE P ORT NO. 91
CIT Y COUNCIL ME E T ING
7/25/2023
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice
7/19/2023
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
7/19/2023
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of the first reading of an ordinance amending Chapter 11, Section 1146 of the
Richfield City Code to include eliminating the sale of flavored products and capping the number of
tobacco licenses.
E X E C UT IV E S UM M ARY:
The Richfield Advisory Board of Health (A B H) is charged with bringing recommendations to the City Council
related to community health and has a long history of advocating for sound health policies that protect
residents.
I n their continued effort to protect youth and adults, particularly members of the LGB TQ+ and black
communities who have been historically targeted by the tobacco companies, from the harms of tobacco
products, the A B H is recommending prohibiting the sale of flavored tobacco products and placing a cap on
the number of tobacco licenses issued to four. Reducing the number of tobacco licenses will take time since
current licenses are only revoked when a current licensee moves or the business changes ownership.
Work sessions with City Council members were held March 22, 2022 and March 28, 2023.
RE C O M M E ND E D AC T I O N:
By motion: Approve the first reading of an ordinance amending Chapter 11, Section 1146 of the
Richfield City Code to include prohibiting the sale of all flavored products and reduce the number of
tobacco licenses to four, and schedule a second reading of the ordinance for August 8, 2023.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Because of their sweet flavors, low cost and attractive packaging, flavored products are
especially appealing to youth, who are much more likely to use flavored products than adults.
Young people perceive flavored products as tasting better and being safer than unflavored
products, even though they are just as dangerous and addictive as unflavored cigarettes.
States and localities can adopt sales restrictions to address menthol cigarettes and other flavored
products that appeal to youth. Six states and more than 170 U.S. localities have prohibited the sale of all
flavored products including menthol cigarettes. Currently, over 25% of Minnesotans are covered by a
flavored policy. Richfield would be joining Traverse County, Fridley, Columbia Heights,
Minneapolis, Shoreview, Arden Hills, Lauderdale, St. Paul, Lilydale, Mendota Heights,
Moorhead, Golden Valley, Edina and Bloomington by approving these policy recommendations.
Review of Proposed Ordinance Changes by Section:
Findings and Purpose: Additional findings are added to support capping licenses and flavor prohibition.
Definitions: Updated to align with State law, while adding new definitions for Flavored Product, Child-
Resistant Packaging and I ndoor Area.
Sale/distribution: Proposed language added to reflect a limit of 4 licenses allowed by the city. License
transfers are prohibited. Should a business move or change ownership, the tobacco license
would be revoked.
Prohibitions: Proposed language prohibits smoking/sampling in all retail establishments licensed under
the ordinance and prohibits the sale of flavored products.
Self-Service Sales: Self-service sales are prohibited unless a licensee sells at least 90% of its products
in licensed products. Proposed language eliminates this exception and provides a stronger policy
prohibiting self-service sales in all licensed establishments.
Other prohibited acts: Prohibits furnishing of/procuring/coercion of licensed products to underage youth.
Violations: Details out a hearing process and proposes fees for a hearing.
Penalties: This section is updated to meet State minimums. The current penalty structure is strong, but
unique, with the reset of a violation to the previous violation instead of resetting to the first violation.
Proposed language shifts the lookback period to 36 months instead of 24 months. Diversion penalties
would apply for use of a false I D by someone under the age of 21.
Effective Date: Communicates an effective date of implementation changes determined by the City
Council.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Chapter 11, Section 1146 regulates the sale, possession, and use of tobacco and related devices and
products and is intended to protect young people against the serious effects associated with tobacco
use.
A formal public hearing is not required, but the City Council could allow public comment on the proposed
ordinance changes during the open comment period of the meeting.
C.C R IT IC AL T IMIN G IS S U E S:
D.F IN AN C IAL IMPAC T:
The 2023 tobacco license fee is $541 and there are 25 tobacco licenses issued. This generated $13,525
in revenue. By capping licenses at four, this will reduce licensing revenue over the coming years.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the proposed ordinance and approves of its contents.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council may decide to not approve the first reading of the ordinance and direct staff how to
proceed.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Proponents and opponents of the flavor restriction/license cap, including community members and business
owners.
AT TAC H ME N T S:
D escription Type
F lavored tobacco fact sheet C over Memo
F lavor fact citations C over Memo
Ordinance amending C hapter 11 S ection 1146-Tobacco Ordinance
FLAVORED
TOBACCO* PRODUCTS
WHAT TYPES OF TOBACCO PRODUCTS ARE FLAVORED?
WHAT ARE SOME COMMON FLAVORS USED IN
TOBACCO PRODUCTS?
WHO USES FLAVORED TOBACCO PRODUCTS?
Vape product packaging is available
in colorful designs and often
resembles popular imagery familiar
to youth.
Vapes come in thousands of flavors
such as Rainbow Candy (shown
above), Blue Raspberry Ice and
Cotton Candy
Nontherapeutic nicotine
lozenges, nicotine pouches
and nicotine gummies like
these pictured above are
the second most prevalent
nicotine product used by
adolescents.
Cheap cigars come in bright packages
and a wide variety of flavors, such as
grape, strawberry, blueberry, tropical
fusion and chocolate/vanilla swirl.
There are more than 15,000 e-cigarette flavors on the market including
a variety of youth-friendly flavors like Cereal Milk, Bazooka Sour Straws
and Gummy Worm. E-cigarettes, specifically disposable vapes, are the
most popular tobacco product used by youth.
Flavored tobacco products include cigarettes, cigars, chewing tobacco,
blunt wraps, electronic cigarettes (aka e-cigarettes or vapes), and
shisha (the tobacco used in hookah). These products help the tobacco
industry get around the FDA’s 2009 ban of flavored cigarettes other
than menthol. Menthol is the only flavor allowed in cigarettes.
1
These are “truly candy-flavored tobacco products” as the same chemical
flavorings used in tobacco products are also used in popular candy and
fruity drinks.
Tobacco companies add menthol to tobacco products to cool the throat
and make them taste better.
The tobacco industry uses flavored tobacco to attract the next
generation of smokers.
5
*The term “tobacco” used here, and throughout this fact sheet, refers to commercial tobacco products and not to sacred and traditional use of
tobacco by some American Indian communities.
Cigars, chewing tobacco, blunt wraps, vapes and shisha are sold in fruit,
candy, dessert and novelty flavors. Popular flavors include chocolate,
piña colada, apple, grape, berry, cotton candy, bubble gum, mango,
mint/ wintergreen and menthol.
2
3
4
6
In fact, 85 percent of youth who vape use fruit, candy or menthol
flavored products.7
Photo Credit: Trinkets and Trash
Young people are much more likely to use flavored tobacco products
than adults, and most young users said they would no longer use the
product if it was not flavored.
BeautifulLieUglyTruth.org
States and localities can adopt sales restrictions to address menthol
cigarettes and other flavored tobacco products that appeal to youth.
Six states and more than 170 U.S. localities have banned the sale of all
flavored tobacco products including menthol cigarettes. Limiting the
sale of products, setting a minimum price or creating a minimum pack
size are some of the ways communities can protect their youth by
making flavored tobacco products less accessible and less appealing.
MORE ABOUT MENTHOL FLAVORED TOBACCO
HOW DOES THIS IMPACT COMMUNITIES?
WHAT CAN COMMUNITIES DO ABOUT FLAVORED
PRODUCTS?
The tobacco industry heavily
targets African Americans with
menthol tobacco by advertising in
popular magazines.
ANSR is dedicated to reducing the human and economic costs of commercial
tobacco, nicotine and other drug use in Minnesota.
References are available at ansrmn.org/flavors
last updated:
April 2023
This publication is made possible by funding from the Minnesota Department
of Health’s Commercial Tobacco-Free Communities Grant Program.
2395 University Ave W, STE 310, St. Paul. MN 55114
651-646-3005 | ansrmn.org
The public is waiting for the FDA to act on its April 2022
proposed rule to ban menthol in cigarettes and cigars. While
this is a much-need step for curbing tobacco use, the final
ruling will likely take years, and leaves out all other menthol
flavored tobacco products.
The tobacco industry has a long history of aggressively targeting certain
populations with menthol tobacco marketing including racial and ethnic
minority groups, particularly African Americans; youth; women; and
LGBTQ+ people. 9, 10
Flavored tobacco is a threat to health equity. For example, because of
industry targeting, 85% of African American cigarette users smoke
menthols. Menthol flavored tobacco is easier to start and harder to
quit than quitting non-menthol cigarettes and African Americans
menthol smokers may be even less successful quitting than menthol
smokers from other populations.
Compared to non-menthol, menthol cigarettes are associated with
moving to regular smoking among youth and young adults. People who
identify as lesbian, gay, bisexual or transgender (LGBT) who smoke are
more likely to smoke menthol cigarettes than heterosexual people who
smoke.
Despite a 2020 FDA ruling banning the sale of certain pod-
based flavored vape products, thousands of flavored vape
products were left on the market, including all disposable
vapes, the most popular device type used by young people.
16
17
Price discounting with coupons
Photo credit: Trickets and Trash
Photo credit: Trickets and Trash
Photo credit: Trickets and Trash
10
13
14, 15
11
12
Flavors with Menthol Factsheet Citations
Updated January 28, 2020
Flavored tobacco products include cigarettes, cigars, chewing tobacco, blunt wraps, electronic
cigarettes and shisha, the tobacco used in hookah. These products help the tobacco industry get
around the FDA’s 2009 ban of cigarettes with flavors other than menthol. (1)
JUUL, the most popular e-cigarette on the market, resembles a USB flash drive. These devices
deliver a high dose of nicotine with a modern design that is easy to conceal. (2)
The same flavorings used in tobacco products are also used in candy and Kool-Aid drink mixes.
(3)
Menthol flavored tobacco is easier to start and harder to quit. (4)
The tobacco industry uses flavored tobacco to attract the next generation of smokers. (5)
Young people are much more likely to use flavored tobacco products than adults. (6)
In fact, 80 percent of youth who use tobacco use fruit, candy or menthol flavored tobacco. (7)
Studies show that young people perceive flavored tobacco products as tasting better and being
safer than unflavored products, even though they are just as dangerous and addictive. (8)
Tobacco industry documents show targeted efforts to market menthol products to African
Americans, LGBTQ communities and youth. (9, 10)
Menthol makes tobacco easier to start smoking and harder to quit. (4)
88 percent of African American adults who smoke use menthol, compared to 25 percent of adult
smokers overall. (11)
Menthol smoking significantly reduces quitting success among African American smokers. (12)
In Minnesota, 34 percent of teen smokers smoke menthol. (13)
Nationally, 70 percent of LGBTQ youth smokers smoker menthol. (14)
Sources:
1. One Hundred Eleventh United States Congress.(2009). Family Smoking Prevention and Tobacco
Control Act.
2. Barrington-Trimis JL, Leventhal, A. Adolescents’ Use of “Pod Mod” E-cigarettes-Urgent Concerns.
New England Journal of Medicine. August 22, 2018.
3. Brown, et. al. “Candy Flavorings in Tobacco.” New England Journal of Medicine; 370:2250-2252
June 5, 2014.
4. U.S. Food & Drug Administration. Preliminary scientific evaluation of the possible public health
effects of menthol versus non-menthol
cigarettes. http://www.fda.gov/downloads/ UCM361598.pdf
5. Truth Tobacco Industry Documents. Results of MDM committee meeting - August 13, 1985
(850813). https://www.industrydocumentslibrary.ucsf.edu/tobacco/docs/#id=rlfw0082.
6. King BA, Dube SR, and Tynan MA. 2013. “Flavored Cigar Smoking Among U.S. Adults: Findings
from the 2009–2010
National Adult Tobacco Survey.” Nicotine & Tobacco Research. 15(2): 608-614; Villanti AC,
Richardson A, Vallone DM, et al. 2013. “Flavored Tobacco Product Use Among U.S. Young
Adults.” American Journal of Preventive Medicine. 44(4): 388–91.
7. Ambrose BK, et al. Flavored tobacco product use among U.S. youth aged 12-17 years, 2013-
2014. JAMA. 2015.
8. U.S. Food and Drug Administration. (n.d.) Flavored Tobacco Product Sheet.
9. Yerger VB. Menthol’s potential effects on nicotine dependence: A tobacco industry perspective.
Tobacco Control. 2011;20(Suppl. 2):ii29-ii36.
10. Reynolds R. Project SCUM. December 12, 1995.
Flavors with Menthol Factsheet Citations
Updated January 28, 2020
11. Giovino GA, Villanti AC, Mowery PD, et al. Differential trends in cigarette smoking in the USA: is
menthol slowing progress? Tobacco Control. 2013.
12. Okuyemi KS, Faseru B, Cox LS, Bronars CA, Ahluwalia JS. Relationship between menthol
cigarettes and smoking cessation among African American light smokers. Addiction.
2007;102:1979-1986.
13. Minnesota Department of Health. Teens and Tobacco in Minnesota: Highlights from the 2017
Youth Tobacco Survey. 2018.
14. National Youth Advocacy Coalition. Coming Out about Smoking: A Report from the National
LGBTQ Young Adult Tobacco Project. 2010.
BILL NO.
AN ORDINANCE AMENDMENT MODIFYING SECTION 1146 OF THE RICHFIELD CITY
CODE IN RELATION TO FLAVORED PRODUCTS
THE CITY OF RICHFIELD DOES ORDAIN:
1146.01. Findings and Purpose.
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, tobacco-and related devices, electronic
delivery devices, and nicotine or lobelia delivery products and to protect young people against the serious
effects associated with the use of tobacco and related devices andthose 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 21
violates both state and federal laws;
(b) Studies, which the city hereby accepts and adopts, have shown that 95 percent 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 minimum legal purchasing sales age to 21 will take legal purchasers out of the
social circles of underage users. Sand studies have concluded that raising the minimum legal
purchasing sales 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 minimum legal purchasing sales 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;.
(h) Marketing analysis, public health research, and commercial tobacco industry documents reveal
that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to
target youth and young adults and that the presence of such flavors c an make it more difficult
to quit; and
(i) Studies show that youth and young adults are especially susceptible to commercial tobacco
product availability, advertising, and price promotions at tobacco retail environments ;
(j) Commercial tobacco use causes disease and death and constitutes an urgent public health
threat as it remains the leading cause of preventable death and disability in the United States,
with 480,000 people dying prematurely in the United States from smoking-related diseases
every year. In the United States, smoking is responsible for about one in every five deaths, more
deaths each year than human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor
vehicle injuries, microbial agents, and toxic agents combined;
(k) Commercial tobacco use can affect nearly all organ systems and is responsible for 87 percent of
lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32
percent of coronary heart disease deaths. According to the World Health Organization, tobacco
use accounts for the greatest cause of death worldwide, responsible for nearly 6 million deaths
per year. Over 16 million Americans have at least one disease caused by smoking;
(l) Secondhand smoke, according to the Centers for Disease Control and Prevention, causes
stroke, lung cancer, and coronary heart disease in adults. In addition, it increases risks for
sudden infant death syndrome, respiratory symptoms, middle-ear disease, and slows lung
growth in children.
(m) Cigarette butts are the most-littered object in the world and the item most often found in beach
cleanups globally. Butts contribute nonbiodegradable plastic, nicotine, heavy metals, pesticides,
and other toxic substances to land and marine environments, down to the bottom of the oceans;
(n) The tobacco industry has been adjudicated as racketeers in federal court as a result of
its collective and coordinated denial, deceit, and targeting of deadly, addictive products
to structurally marginalized communities.
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," “Best Practices for Comprehensive Tobacco Control
Programs, 2014,” 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 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); Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A., Henriksen, L.
(2017). Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density.
American Journal of Public Health, 107(5), 740–746; Andrea C. Villanti et al., Flavored Tobacco Product
Use in Youth and Adults: Findings from the First Wave of the PATH Study (2013–2014), 53 Am. J. Prev.
Med. 139 (2017), https://www.ncbi.nlm.nih.gov/pubmed/28318902; Shari P. Feirman et al., Flavored
Tobacco Products in the United States: A Systematic Review Assessing Use and Attitudes, 18 Nicotine
Tobacco Res. 739 (2015); copies of which are adopted by reference.. (Amended, Bill No. 2013-19; Bill
No. 2018-6)
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. "Tobacco" means 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, cigarettes; cigars; pipe tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff; snuff flour; cavendish;
plug and twist tobacco; fine cut and other chewing tobaccos; shorts; dipping tobaccos; refuse scraps,
clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. This termTobacco
does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug
Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in
the Federal Food, Drug, and Cosmetic Act. 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. (Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 3. Tobacco-related devices. "Tobacco-related devices" shall mean pipes, cigarette rolling
papers, wraps, or other devices intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, 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.
Tobacco-related devices may or may not contain tobacco. (Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 4. Tobacco-relatedLicensed product. The term that collectively refers to Aany tobacco,
tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product, as those terms
are defined in this section. (Added, Bill No. 2018-6)
Subd. 5. Self-service merchandising. "Self-service merchandising" shall mean open displays of
tobacco, tobacco products, tobacco-related devices, electronic delivery devices or nicotine or lobelia
deliverylicensed products in any manner where any person has access to such itemsthe licensed
products 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, electronic delivery device, or nicotine or lobelia deliverylicensed product, between the customer
and the licensee or employee. Self-service merchandising shall not include vending machines.
(Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 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, electronic
delivery devices, or nicotine or lobelia deliverylicensed products, upon the insertion of money, tokens, or
other form of payment directly into or onto the machine by the person seeking to purchase such items.
(Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 7. Loosies. "Loosies" shall mean the common term used to refer to single cigarettes, cigars,
and any other licensed products that have been removed from their original retail packaging and offered
for sale. Loosies does not include premium cigars that are hand-constructed, have a wrapper made
entirely from whole tobacco leaf, and have a filler and binder made entirely of tobacco, except for
adhesives or other materials used to maintain size, texture, or flavor.a single or individually-packaged
cigarette. (Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 8. Retail establishment. "Retail establishment" shall mean any place of business where
tobacco, tobacco products, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
deliverylicensed products, are available for sale to the general public. Retail establishments shall include,
but not be limited to, grocery stores, tobacco product shops, liquor stores, convenience stores, gasoline
service stations, bars, and restaurants. (Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 9. Moveable place of business. "Moveable place of business" shall mean any form of
business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable
shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter
sales transactions motorized vehicles, mobile sales kiosks, kiosks, trailers or other structure or equipment
not permanently attached to the ground. (Amended, Bill No. 2013-19)
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, electronic delivery devices, and nicotine and lobelialicensed delivery products, are following and
complying with the requirements of this section. Compliance checks shall involve the use of persons
under the age of 21 as authorized by this section to attempt to purchase such items. Compliance checks
may also be conducted by other units of government for educational, research and training purposes or
for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco,
tobacco products, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
deliverylicensed products. (Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 12.Electronic delivery device. "Electronic delivery device" shall mean any product or
electronic device that can be used to deliver nicotine, lobelia or any other substance , whether natural or
synthetic,s intended for human consumption through the inhalation of aerosol or vapor from the product.to
the person inhaling from the device. Electronic delivery device includes, but is not limited to, devices
manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or
under any other product name or descriptor. Electronic delivery device includes any component part of a
product, whether or not marketed or sold separately. The term shall include such devices whether they
are manufactured, marketed, or sold as electronic delivery devices, electronic cig ars, 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. Electronic delivery device does not
include any nicotine cessation product that has been authorized by the U.S. Food and Drug
Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in
the Federal Food, Drug, and Cosmetic ActThis 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. (Added, Bill No. 2013-19; amended, Bill No. 2015-13; Bill No. 2018-6)
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. (Added, Bill No. 2015-13)
Subd. 14. Smoking. "Smoking" shall mean inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from
nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.
Smoking also includes carrying or using an activated electronic delivery device. inhaling or exhaling from,
or carrying, any lighted or heated tobacco, tobacco product, 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, as well as carrying such device or product that is turned on or
otherwise activated. (Added, Bill No. 2015-13; amended, Bill No. 2018-6)
Subd. 15. Place of Employment. "Place of employment" shall mean any indoor area at which two or
more individuals perform any type of service for consideration of payment under any type of contractual
relationship, including, but not limited to, an employment relationship w ith 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, el evators, 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.
(Added, Bill No. 2015-13)
Subd. 16. Public Meeting. "Public meeting" shall mean any meeting open to the public pursuant to
Minn. Stat. § 13D.01. (Added, Bill No. 2015-13)
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 faciltiiesfacilities; hospitals; nursing homes; auditoriums;
arenas; meeting rooms; waiting rooms; and common areas of rental apartment buildings. (Added, Bill No.
2015-13)
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 in a retail establishment by a customer or potential customer for the purpose of
sampling the product or device before a purchase. (Added, Bill No. 2015-13; amended, Bill No. 2018-6)
Subd. 19. Nicotine or lobelia delivery product. Any product containing or delivering nicotine or
lobelia intended for human consumption, whether natural or synthetic, or any part of such a product, that
is not tobacco or an electronic delivery device as defined in this sectio n. Nicotine or Lobelia Delivery
Product does not include any nicotine cessation product that has been authorized by the U.S. Food and
Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as
defined in the Federal Food, Drug, and Cosmetic Act.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. (Added, Bill
No. 2018-6)
Subd. 20. Flavored product. Any licensed product that contains a taste or smell, other than the taste
or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa,
menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice.
A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a
licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate
public statements concerning such products, that a product has or produces a taste or sme ll other than a
taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product.
Subd. 21. Child-resistant packaging. Packaging that meets the definition set forth in Code
of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was
tested in accordance with the method described in Code of Federal Regulations, title 16, section
1700.20, as in effect on January 1, 2015.
Subd. 22. Indoor area. All space between a floor and a ceiling that is bounded by walls,
doorways, or windows, whether open or closed, covering more than 50 percent of the combined
surface area of the vertical planes constituting the perimeter of the area. A wall includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
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, electronic delivery devices, or nicotine or lobelia delivery
licensed 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. (Amended, Bill No. 2013-19; Bill No. 2018-6)
Subd. 2. Application. An application for a license to sell tobacco, tobacco products, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery licensed products 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. (Amended, Bill No. 2013-19; Bill No. 2018-6)
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) 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 any of, but not limited to, the following reasons:
(1) (a)The operation of the business is in conflict with any provision of this code.
(2) (b)The operation of the business is in conflict with any health, fire, building, building
maintenance, zoning, or any other applicable codes or laws.
(3) (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, electronic delivery devices or nicotine or
lobelia deliverylicensed products.
(4) (d)The applicant has committed fraud, misrepresentation or bribery in securing or
renewing a license.
(5) (e)The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this section.
(6) (f) The applicant is under the age of 21 years.
(7) (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, electronic delivery devices, or
nicotine or lobelia deliverylicensed products.
(8) (h)The applicant has had a license to sell tobacco, tobacco products, tobacco-
related devices, electronic delivery devices, or nicotine or lobelia delivery licensed
products, revoked within the 12 months preceding the date of application.
(9) (i) The applicant is prohibited by Federal, State, or other local law, ordinance, or
other regulation, from holding such a license. (Amended, Bill No. 2013-19; Bill No.
2018-6)
(b) If a license is mistakenly issued or renewed to a person, the city will revoke the
license upon the discovery that the person was ineligible for the license under this
ordinance. The city will provide the license holder with notice of the revocation,
along with information on the right to appeal.
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 for license renewal must provide proof that an employee
training program on tobacco sales of licensed products has been provided during the license year by
submitting records supporting that training at the time of their license renewal each year. (Amended, Bill
No. 2004-9)
Subd. 10. Maximum number of licenses. The maximum number of licenses issued by the city at any
time is limited to four. When the maximum number of licenses has been issued, the city will place persons
seeking licensure on a waiting list and allow them to apply on a first -come, first-served basis, when an
existing license is not renewed or is revoked. A new applicant who has purchased a business location
holding a valid city license will be first on the waiting list, provided the new applicant meets all other
application requirements in accordance with this ordinance. Retail establishm ents holding a valid license
on [insert date] will not be affected by this limitation but will be eligible to have such licenses renewed for
the same location and licensee provided:
The retail establishment maintains a valid license by complying with the provisions of this
ordinance;
(a)
(b) The establishment or location is in compliance with all other requirements of law and there
exist no grounds for adverse actions against such licenses;
(c) The previous license has not terminated or expired more than one (1) year before the new
license had been first applied for; and,
(d) A previous license has not been revoked.
Subd. 11. Transfers. All licenses issued are valid only on the premises for which the
license was issued and only for the person to whom the license was issued. The transfer of any
license to another location or person is prohibited.
1146.07. License fee.
The annual license fee for a tobacco license is set by appendix D. The license fee must be paid at
the time of application for the license.
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, electronic delivery device or nicotine or lobelia
deliverylicensed product:
(a) To any person under the age of 21 years.
(i) Age verification. Licensees must verify by means of government-issued photographic
identification containing the bearer’s date of birth 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 minimum legal sales age, and age verification requirement, and
possible penalties for underage sales 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.
(de) By means of loosies.
(ef) 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.
(fg) By any other means prohibited by Federal, State, or other local law, ordinance provision, or
other regulation. (Amended, Bill No. 2018-6)
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 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. (Amended, Bill No. 2018-6)
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. Smoking, including smoking for the purpose of
the sampling of licensed products, is prohibited within the indoor area of any retail
establishment licensed under this ordinance.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 and products used in electronic delivery devices and nicotine or lobelia delivery products A
licensee under this Section that allowed sampling at its licensed premises on or before October 23, 2014
may continue to allow sampling, but only while that certain licensee operates at that certain licensed
premises. (Amended, Bill No. 2018-6)
Subd. 5. Samples prohibited. No person shall distribute samples of any licensed product free of
charge or at a nominal cost. The distribution of licensed products as a free donation is prohibited.Smoking
permitted. Except sampling, which is expressly prohibited under subd. 4, smoking is permitted as
identified in Minn. Stat. § 144.4167.
Subd. 6. Flavored products. No person shall sell or offer for sale any flavored products.
(Amended, Bill No. 2013-19; Bill No. 2015-13)
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, electronic delivery devices or nicotine or lobelia delivery products, by
the means of a vending machine. (Amended, Bill No. 2013-19; Bill No. 2018-6)
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, electronic delivery devices or nicotine or lobelia delivery licensed products, by
Page 9 of 13
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,
between the licensee or licensee's employee and the customer. All tobacco, tobacco products, tobacco-
related devices, electronic delivery devices and nicotine or lobelia delivery licensed products, shall either
be stored behind a counter or other area not freely accessible to customers. 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, electronic delivery devices or nicotine
or lobelia deliverylicensed products, is exempt from the self-service merchandising provision if the license
holder prohibits anyone under 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 21
years of age from entering the establishment. (Amended, Bill No. 2013-19; Bill No. 2018-6)
1146.15. Responsibility.
All licensees under this section shall be responsible for the actions of their employees in regard to
the sale, offer to sell, and furnishing of tobacco, tobacco products, tobacco-related devices, electronic
delivery devices or nicotine or lobelia deliverylicensed products on the licensed premises, and the sale,
offer to sell, and furnishing 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. (Amended, Bill No. 2013-19; Bill No. 2018-6)
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. In accordance with state law, the city will conduct a compliance check that
involves the participation of a person at least 17 years of age, but under the age of 21 to enter the
licensed premises to attempt to purchase licensed products. Prior written consent from a parent or
guardian is required for any person under the age of 18 to participate in a compliance check. One check
will be conducted by engaging, with the written consent of their parents or guardians, 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, electronic delivery devices or nicotine or lobelia
delivery products . 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 . Persons used for
the purpose of compliance checks shall be supervised by the Public Safety Director or the Public Safety
Director's designee. No person used in compliance checks shall attempt to use a false identification
misrepresenting the person's age and all persons lawfully engaged in a compliance check shall answer all
questions about the person's age, asked by the licensee or licensee's employee and shall produce any
identification, if any exists, for which the person is asked. Nothing in this subd ivision 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.
(Amended, Bill No. 2013-19; Bill No. 2015-13; Bill No. 2018-6)
1146.19. Other illegal prohibited acts.
Subdivision 1. Unless otherwise provided, the following acts shall be a violation of this section.
Subd. 2. Illegal salesProhibited furnishing or procurement. It shall be a violation of this section for
any person 21 years of age or older to purchase or otherwise obtain any licensed product on behalf of a
person under the age of 21. It is also a violation for any person 21 years of age and older to coerce or
attempt to coerce a person under the age of 21 to purchase or attempt to purchase any licensed
product.to sell or otherwise provide any tobacco, tobacco products, tobacco-related devices, electronic
delivery devices or nicotine or lobelia delivery products, to any person under the age of 21. (Amended,
Bill No. 2018-6)
Subd. 3. Use of false identification. It shall be a violation of this section for any person to use any
form of false identification, whether the identification is that of another person or has been modified or
tampered with to represent an age older than the actual age of the person using that identification. 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.
(Amended, Bill No. 2013-19; Bill No. 2018-6)
1146.21. Violations.
Subdivision 1. Notice and hearing. Upon discovery of a suspected violation, the alleged violator
shall be issued, either personally or by mail, a citation that sets forth the alleged violation and that informs
the alleged violator of their right to a hearing on the matter and how and where a hearing may be
requested, including a contact address and phone number. The alleged violator shall have the opportunity
for a hearing before the Director of Public Safety before any penalty is imposed under this section. A
decision that a violation has occurred shall be in writing.
Subd. 2. Hearings.
(a) Upon issuance of a citation, a person accused of violating this ordinance may request in
writing a hearing on the matter. Hearing requests must be made within 10 business days of
the issuance of the citation and delivered to the City Clerk or other designated city officer.
Failure to properly request a hearing within 10 business days of the issuance of the citation
will terminate the person’s right to a hearing.
(b) The City Clerk or other designated city officer will set the time and place for the hearing.
Written notice of the hearing time and place will be mailed or delivered to the accused
violator at least 10 business days prior to the hearing.Misdemeanor prosecution. Nothing in
this subsection shall prohibit the City, from seeking prosecution as a misdemeanor for any
alleged violation of this ordinance.
Subd. 3. Hearing Officer. The City Council will designate a hearing officer. The hearing officer will
be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
Subd. 4. Decision. A decision will be issued by the hearing officer within 10 business days of the
hearing. If the hearing officer determines that a violation of this ordinance did occur, that decision, along
with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in
writing, a copy of which will be provided to the city and the accused violator by in -person delivery or mail
as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not
imposing any penalty, those findings will be recorded and a copy will be provided to the city and the
acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the
hearing officer is final, subject to an appeal as described in Subd. 6 of this subsection.
Subd. 5. Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding
the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing.
Subd. 6. Appeals. Appeals of any decision made by the hearing officer must be filed in Hennepin
County district court within 10 business days of the date of the decision.
Subd. 73. Continued violation. Each violation, and every day on which a violation occurs or
continues, shall constitute a separate offense.
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. $3200.00 fine with no suspension.
11
(b) Second violation. If within 3624 months of the first violation, $ $6500.00 fine with a two-day
suspension. If outside of 3624 months of the first violation, it will be counted as a first violation.
(Amended, Bill No. 2013-19)
(c) Third violation. If within 3624 months of the second first violation, $ $1,000700.00 fine with a
seven-day suspension. If outside of 3624 months of the second violation, it will be counted as
a second violation. (Amended, Bill No. 2013-19)
(d) Fourth violation. If within 3624 months of the third violation, $1,000.00 fine with a suspension of
up to 60 days, with the option to revoke the licenseand the license will be revoked. If outside of
3624 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. (Amended, Bill No. 2013-19)
(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.
(Amended, Bill No. 2004-9)
(f) Council appearance and fine reduction. A licensee must appear before the City Council after a
second, third, or fourth violation. Upon such appearance, the Council will reduce the applicable
fine by $100.00. (Added, Bill No. 2013-19)
(fg) 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. (Added, Bill No.
2013-19)
Subd. 2. Other individuals. Individuals, other than licensees regulated by subdivision 1 of this
subsection and other than persons under the age of 21 regulated under Subd. 3 of this subsection, found
to be in violation of this section shall may be charged an administrative fee of $5100.00. (Amended, Bill
No. 2004-9)
Subd. 3. Persons under the age of 21. Persons under the age of 21 who use a false identification to
purchase or attempt to purchase licensed products may only be subject to noncriminal, non-monetary civil
penalties or remedies such as tobacco-related education classes, diversion programs, community
services, or another non-monetary, civil penalty that the city determines to be appropriate. The City
Council will consult with educators, parents, guardians, persons under the age of 21, public health
officials, court personnel, and other interested parties to determine an appropriate remedy for persons .
Reserved. (Repealed, Bill No. 2018-6)
Subd. 4. Misdemeanor. Nothing in this subsection prohibits the city from seeking prosecution as a
misdemeanor for an alleged second violation of this ordinanceSection 1146 by a person 21 years of age
or older within five years of a previous conviction under the ordinanceSection 1146.Nothing in this
subsection shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this
section.
1146.25. Exceptions and defenses.
Subdivision 1. Nothing in this section shall prevent the provision of tobacco, tobacco products,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person
under the age of 21 as part of an Indigenous practice or a lawfully recognized religious, spiritual, or
cultural ceremony. (Amended, Bill No. 2013-19; Bill No. 2018-6)
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 persons under the age of 21 or
otherwise procure the sale of such items to persons under the age of 21.
1146.27. Severability and savings clause.
If any section or portion of this section shall be found unconstitutional or otherwise invalid or
unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect
the validity and enforceability of any other section or provision of this section.
1146.28 Effective Date.
This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this ____ day of _______ ,
2023.
Mary B. Supple, Mayor
ATTEST:
City Clerk
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #7.
STAFF RE P ORT NO. 92
CIT Y COUNCIL ME E T ING
7/25/2023
RE P O RT P RE PA RE D B Y: C hris S wanson, Management A nalyst
D E PA RTME NT D IRE C TO R RE V IE W:
O THE R D E PA RTM E NT RE V IE W: A my Markle
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
7/19/2023
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of a Resolution Approving 2023 State Legislation for a Local Option Sales Tax in
Richfield.
E X E C UT IV E S UM M ARY:
Richfield is an older community with a modest tax base. The city has an immediate need to continue making
investments to ensure community amenities are available for residents in the future. Last y ear, a loc al sales
tax (LS T) was identified as a potential funding source for three major projec ts including the W ood Lake
Nature Center; Veterans Park Complex; and the Richfield C ommunity C enter projec t. Approval of these
projects will support athletics, recreation, and wellbeing in Richfield.
On J anuary 24, 2023, the C ity C ounc il approved Resolution No. 12067, directing staff to submit a request to
the Minnesota Legislature to propose a one-half of one percent (0.5%) LS T on the gross receipts from retail
sales in Ric hfield. That comes out to roughly a 5-cent tax on a $10 purc hase. The city estimates a LS T of
0.5% would generate approximately $3.5-6.7M million annually over 20 y ears for estimated total sales tax
revenues of approximately $98 million. Based on these estimates, each Richfield resident would have paid, on
average, an additional $30.77 in sales tax in 2019.
I n 2023, the Minnesota Legislature approved Minnesota Laws 2023, Chapter 64, Artic le 10, Sec tion 44, as
introduced by the Legislature. This law gives the city, with approval from the voters, the authority to impose a
L S T under the spec ial law. The proc eeds of this LS T must be used to pay the c apital and assoc iated interest
and financ ing c osts for W ood Lake Nature C enter; Veterans P ark Complex; and the Ric hfield Community
Center project.
Based on direc tion from legislative staff and the City Attorney, the city plans to bring the proposed tax to the
voters for approval at the November 2024 general elec tion. I f approved by the voters, the authorized L S T will
expire either 20 years after the tax is first imposed or when the C ity C ounc il determines that the amount
received from the tax is sufficient to pay for the projected costs.
I f the Council approves this ac tion, the signed resolution and the required certific ate will be sent to the
Minnesota Secretary of State. The next steps in this process will be to set the ballot language for the
referendum, Staff will bring proposed language to Council at a future meeting.
As noted above, the c ity plans to bring the proposed tax to the voters for approval at the November 2024
general election. At the referendum, voters will have the opportunity to vote to fund each projec t. I f the voters
approve the referendum, the city must pass an ordinance adopting the LS T for each project approved.
RE C O M M E ND E D AC T I O N:
Adopt a Resolution approving the 2023 State Legislation for a Local Sales Tax in Richfield and
directing staff to submit the final signed resolution and the required certificate to the Minnesota
Secretary of State.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The City Council discussed a L S T at both the December 8, 2022 and J anuary 10, 2023 work sessions,
and formally approved a resolution on J anuary 25, 2023, seeking authority from the Legislature.
Additionally, authority for a LS T for Richfield is included in the city’s 2023 Legislative priorities.
At the J anuary 10, 2023 work sessions staff explained the process to implement a L S T, and the potential
financial impact. Council then prioritized those projects that qualified to be funded with a tax.
Prior to the work sessions the City contracted with the University of Minnesota’s Extension Center for
Community Vitality to perform a L S T analysis for Richfield. The Extension Center is a leader in this field
of study, providing analyses for many neighboring communities including: Maple Grove, St. Louis Park,
Oakdale, Bloomington, and Edina. This L S T analysis provided information on future revenue and the
community impact of a 0.5% L S T in Richfield.
This LS T study evaluated several factors and provides:
A projection for estimated taxable sales in the community.
An estimated taxable sales generated by non-residents.
Analysis of the City's sales tax sector distribution.
A summary of the taxable retail and service sales by comparable communities for subsequent
years once a local option sales tax was implemented.
An estimate for the total revenue per year from a L S T in Richfield.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
State statute guides this process. As the law reads now, the ballot must contain a separate question for
each proposed project with a maximum of five projects. Only projects that receive a majority “yes” vote
will be funded with the proposed tax.
I f there are projects not approved by the voters, the total revenue raised, and the duration of the
tax must be reduced by an amount proportional to the cost and timeframe of the failed initiative.
Minn. Stat. § 297A.99.defines a "capital project" or "project" as:
A single building or structure including associated infrastructure needed to safely access or use
the building or structure;
I mprovements within a single park or named recreation area;
A contiguous trail.
Per state statute, A special law shall not be effective without approval of the local governing body.
Approval shall be by resolution adopted by a majority vote of all members of the governing body. The
City Council is requested to approve special legislation, Minnesota Laws 2023, Chapter 64, Article 10,
Section 44, as introduced by the Legislature. This section authorizes the city to impose by ordinance a
LS T of 0.5% if approved by the voters at an election as required under Minnesota Statutes § 297A.99,
subdivision 3.
The revenues derived from the L S T, if approved by the voters, will be used by the City to pay the costs
of collecting and administering the tax and paying for the following projects in the City, including securing
and paying debt service on bonds issued to finance all or part of the following projects including: (1) $11
million, plus interest and financing costs for new construction of the Wood Lake Nature Center; (2) $9
million, plus interest and financing costs for rehabilitation Veterans Park Complex; and (3) $45 million,
plus interest and financing costs for new construction of the Richfield Community Center.
Minnesota Statutes, Chapter 475, authorizes the City is to issue bonds to finance all or a portion of the
costs of the projects approved by the voters. The aggregate principal amount of bonds may not exceed
(1) $11 million, plus interest and financing costs for new construction of the W ood Lake Nature Center;
(2) $9 million, plus interest and financing costs for rehabilitation Veterans Park Complex; and (3) $45
million, plus interest and financing costs for new construction of the Richfield Community Center, plus an
amount to be applied to the payment of the costs of issuing the bonds. The anticipated total project costs
to be financed with a LS T are estimated at $65 million. Total debt service on the bonds to be issued,
including interest and financing costs over 20 years, shall not be over $98 million. The bonds are not
included in computing any debt limitation applicable to Richfield, and any levy of taxes under Minnesota
Statutes § 475.61 to pay principal and interest on the bonds is not subject to any levy limitation. A
separate election to approve the bonds under Minnesota Statutes § 475.58, is not required.
C.C R IT IC AL T IMIN G IS S U E S:
T he Council must act on the special legislation within two years. It's recommended the Council
approve the law so the city can begin providing educational information to the community on the
impact of a L ST.
D.F IN AN C IAL IMPAC T:
A LS T would place a tax on certain product sales or services within the municipality. All goods or
services that are otherwise exempt from taxation are exempt from LS T. The Legislature approved a 0.5%
(one-half percent) for up to 20 years L S T for Richfield. Current projections for a Richfield 0.5% sales
tax over a 20-year period total about $98M.
By enacting a L S T, about half the burden of funding these projects would move to nonresidents. The
analysis estimates the non-residents portion of revenue would account for 54.5% of taxable sales in
Richfield subject to a L S T. I f a 0.5% LS T was in place in 2019, Richfield would have collected an
additional $2.5M in tax proceeds that year. Of that amount, nonresidents would have contributed a
majority of the revenue, roughly $1.35M, while Richfield residents would have contributed $1.14M.
Based on these estimates, each Richfield resident would have paid, on average, an additional $30.77 in
sales tax in 2019. Also of note, every city that surrounds Richfield has in place or is seeking a LS T.
Since the L S T report from the extension office was completed, the Minnesota Department of Revenue
released final 2020 taxable sales number. I n 2020, total taxable sales in Richfield were $808
million. Based on Department of Revenue estimates, its estimated that approximately $560
million would have been subject to a tax in 2020. A 0.5% LS T rate would have generated an
annual amount of around $2.8 million dollars if in place in 2020.
E.L E GAL C ON S ID E R AT ION:
Legal counsel has reviewed the proposed resolution.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council must take action on the law within two years. Council could defer the approval of the motion
tonight, that would reduce the opportunity for the city to provide effective education to our residents.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
AT TAC H ME N T S:
D escription Type
Resolution A pproving L S T S pecial L egislation Resolution L etter
RE NE W ING RIC HF IE L D PA RK S It’s in our nature B ackup Material
CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO. ________
APPROVING LAWS OF MINNESOTA 2023, CHAPTER 64,
ARTICLE 10, SECTION 44 RELATING TO A LOCAL
SALES TAX
WHEREAS, the Legislature of the State of Minnesota passed a special law
granting the City of Richfield, Minnesota (the “City”) the authority to impose, by
ordinance, a sales and use tax of one-half of one percent to pay the costs of collecting
and administering the tax and paying for certain projects in the city, including securing
and paying debt service on bonds issued to finance all or part of the following regional
projects:
(1) $11,000,000 plus associated bonding costs for construction of the Wood Lake
Nature Center building;
(2) $9,000,000 plus associated bonding costs for construction of the Veterans
Park Complex; and
(3) $45,000,000 plus associated bonding costs for construction of the Richfield
Community Center Project;
all as provided in Laws of Minnesota 2023, Chapter 64, Article 10, Section 44
(the “Special Law”); and
WHEREAS, pursuant to the Special Law, the authority of the City to impose the
tax under the Special Law expires at the earlier of (1) 20 years after being first imposed,
or (2) when the City Council determines that the amount received from the tax is
sufficient to pay for the project costs authorized under the Special Law for projects
approved by voters, plus an amount sufficient to pay the costs related to issuance of
any bonds authorized under the Special Law, including interest on the bonds; and
WHEREAS, pursuant to the Special Law, the authority of the City to impose the
tax under the Special Law may also expire at an earlier time if the City so determines by
ordinance; and
WHEREAS, pursuant to the Special Law, and Minnesota Statutes, Section
645.021, subdivisions 2 and 3, the Special Law is effective upon approval by a majority
vote of the governing body of the City and the filing of a certificate, including a copy of
this resolution, in the form prescribed by the Minnesota Attorney General with the
Minnesota Secretary of State; and
WHEREAS, the City Council of the City has determined that it is in the best
interest of the City and its residents to approve the Special Law.
2
RC160\1\889480.v1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHFIELD, MINNESOTA AS FOLLOWS:
1. The Special Law is approved.
2. The City Clerk, as the chief clerical officer of the City, is hereby authorized
and directed to file the certificate and a copy of this resolution, as approved, with the
Minnesota Secretary of State as required by Minnesota Statutes, Section 645.021,
subdivision 3.
3. City staff are authorized and directed to take any additional action
necessary to implement the Special Law.
3
RC160\1\889480.v1
The foregoing resolution was moved by Councilmember ______________ and
seconded by Councilmember _______________.
The following voted in the affirmative: _________________________________________
The following voted against: ________________________________________________
Councilmember ________________________________ was absent.
Adopted by the City Council of the City of Richfield, Minnesota, this 25th day of July
2023.
Mary Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk
RENEWING RICHFIELDPARKS
It’s in our nature.
Our Goal
The City of Richfield, located in Hennepin
County, is a first-ring suburb of Minneapolis.
Richfield reflects the characteristics of living
in a close-knit community while enjoying the
amenities and resources of a broader
metropolitan area. Richfield is bordered by
the cities of Minneapolis, Bloomington, Edina,
the Minneapolis-Saint Paul International
Airport and the Unorganized Territory of Fort
Snelling. The city is home to approximately 36,994 residents and 16,858 jobs.
Due to Richfield’s location near other major
cities, along with its size and orientation, many
non-residents travel to or through the city on
a daily basis. Residents and visitors alike love
Richfield. They come to visit Wood Lake Nature
Center, swim at the Outdoor Pool, shop at the
bustling Farmers Market, participate in discounted
Senior Dining at the Community Center or play at
the fully-inclusive Augsburg Adventure Playground.
There is truly something for everyone in Richfield.
Given the regional popularity of the community’s amenities, significant demand is placed on
the city’s facilities and services. The cost of those added demands are currently shouldered by
Richfield residents alone. As a city with a modest tax base, there is not a sufficient revenue source
for the renewal of these park and recreation assets.
Many of the projects included must be done in the next
5-10 years to continue providing these amenities.
Using a local sales tax to finance a new Wood Lake
Nature Center, Veterans Park Complex and Richfield
Community Center is an equitable method that
reflects the regional benefits of these amenities.
Richfield at a glance
Demographics
• Total population of 36,994: roughly 60%
white and 40% people of color.
• Median income is $74,300, compared to
$85,400 in Hennepin County.
• Of 15,925 households, 62% are owner-
occupied, and 38% are renter-occupied.
• 13.6% of residents identify as disabled.
• 1 in 4 households speak a language other
than English in the home.
Employment
• More than 15,500 non-residents hold jobs
in Richfield (U.S. Census data, 2019).
Transportation
• Richfield boasts a highly accessible
location, surrounded by a strong network
of highways, transit routes, and trails.
• Guiding principles for transportation
planning include: multimodal design,
connectivity, sustainability, accessibility
and equity.
• The city has been designated as a Silver
Level Bicycle Friendly Community.
Retail Sales
• Retail sales for taxable consumer goods
totaled over $560 million in 2020 (U of M
Extension).
• Non-residents account for approximately
54.4% of total retail sales (U of M
Extension).
Parks and Recreation
• The park system includes 22 parks with
a total of 486 acres; 97% of the residents
live within a 10-minute walk of parkland
(Trust for Public Lands).
• Both Wood Lake Nature Center and
Veterans Park each have over 100 acres
of beautiful natural greenspace and
offer extensive year-round facilities and
outdoor recreation programming.
• Other recreational offerings include: an
inclusive playground, skatepark, outdoor
aquatic center, indoor and outdoor ice
skating rinks, ski trails, sport courts and
fields and an accessible fishing pier.
Project 1: Wood Lake Nature Center
Project Overview: Wood Lake Nature Center (“WLNC”) is a regionally significant source
of environmental education, outdoor access and inspiration for the metro area. Serving as
a gateway to nature for residents and visitors, the center welcomes more than 100,000
visitors to the center each year. After 51 years, the building needs replacement. The building
in not ADA accessible, is infested with rodents and other wildlife and is no longer able to
provide the high level of environmental education and immersion the region expects and
deserves. The proposed building is 19,000 square feet with modern classrooms, inviting
engagement areas and indoor and outdoor learning spaces. It will be fully ADA compliant.
Trail improvements around the nature center will help prevent annual flooding and water
damage.
Project Cost: The new WLNC is an estimated $24 million construction project. We estimate
$11 million will be covered by the sales tax.
Wood Lake’s Regional Significance:
• Approximately 65% of program participants and recreational
equipment users are from outside of Richfield.
• More than 22,500 people attend programs and events
hosted by the center each year.
• Schools come from across the seven-county region, from
communities such as North Minneapolis, St. Paul, and
Burnsville, to participate in award-winning environmental
education programming.
• Hundreds of volunteers complete over 4,300 annual hours of
work, representing communities from across the Twin Cities.
Project 2: Veterans Park Complex
Project Overview: The Veterans Park Complex Project (the “Veterans Complex”) would
protect and update aging facilities at the park, the Richfield Ice Arena and Richfield Outdoor
Pool. The project includes improvements to the aquatics facility, ice arena, park, trails, band
shell, picnic pavilion and mini-golf building. The Veterans Complex also includes the ice
arena. Specifically, this project would revitalize the pool, which was installed in 1961 and
is burdened with expensive repairs and maintenance, season after season. Additionally,
accessibility improvements would be made at the Ice Arena, including the installation of an
elevator.
Project Cost: This is an estimated $9 million project.
Veterans Park Regional Significance:
• 35% of annual pool pass holders are from
Minneapolis
• The Richfield Ice Arena hosts dozens of organizations
from across the area including the Minnesota
Whitecaps (which draw over 1,300 people from
across the region for home games), Minneapolis
Storm Youth Hockey, Jefferson Youth Hockey, Edina
Youth Hockey and the Adult Hockey Association of
Minnesota.
• The Richfield Farmers Market hosts attendees and
vendors from across the seven-county metropolitan
area; often experiencing over 2,000 participants per
week!
Project 3: Richfield Community Center
Project Overview: The Richfield Community Center Project (the “Community Center”) is
a regionally significant place of community meeting and gathering, continuing education
and resident support services in the south metro. Since 1975, the Community Center has
been housed in the original county library building which was constructed in 1961. It is an
outdated building that requires many upgrades to remain functional. Beyond the needed
improvements, the current building only meets a fraction of our community’s needs. There is
a significant need for a new building that will better match present demand and future usage
at the Community Center. The Community Center is a destination easily accessible via transit
or bicycle. The new Richfield Community Center will fit the current and future needs of the
regional community and include spaces for people of all ages to gather to be active, learn
and foster wellness opportunities.
Project Cost: This is a $55 million project. It is estimated that $45 million will be covered by
the sales tax.
Community Center Regional Significance:
• The Richfield Community Center serves the last communal
lunch program for seniors in Minnesota and includes daily
participants from across the region.
• The annual tax preparation assistance program has over 600
participants, and the majority are non-Richfield residents.
• There are daily, weekly, monthly, and seasonal program
offerings and events for youth, families, seniors, etc., that
include attendees from across the region. Most popular include seasonal art boutiques,
Fare for All Food Program, youth art classes, kids dance, adult fitness programs, and holiday
classes.
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