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A violation of this Division V shall be a misdemeanor under state law. Civil penalties shall be subject to assessment pursuant to § 12.15 of the City Charter and § 1.19 of this city code. However, nothing in this Article IV shall be construed to limit the city’s other available legal remedies for any violation of the law, including licensing sanctions, criminal, civil and injunctive actions. In addition, violations or failure to pay civil fines may result in future license or registration ineligibility.
(Ord. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2007-18, passed 5-7-2007)
If any section, subsection, sentence, clause or phrase of this Division V is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division V. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. 92-12, passed 3-2-1992; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2007-18, passed 5-7-2007)
The City Council finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease and various other medical disorders. Tobacco use continues to be an urgent public health threat, as evidenced by the fact that 480,000 people die prematurely in the United States from smoking-related diseases every year, making tobacco use the leading cause of preventable death. Tobacco use can cause disease in 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. The World Health Organization estimates that tobacco accounts for the greatest cause of death worldwide accounting for more than 8 million deaths per year. It is the further finding of the City Council that the legislative scheme of prohibiting sales of tobacco-related products to persons under the age of 18 has proven ineffective in preventing such persons from using tobacco-related products. The City Council recognizes that the sale of commercial tobacco-related products to persons under the age of 21 violates both state and federal law. The City Council has concluded that youth and young adults have ready access to self-service merchandising, including vending machines, which sell tobacco-related products and that the prohibition of the sale or dispensing of tobacco-related products through vending machines and the regulation of sales through self-service merchandising will thereby promote the health, safety and welfare of the residents of the city, particularly those residents under 21 years of age.
The City Council also finds that marketing and public health research shows how flavors such as fruit, candy and sweet tasting products hold an intense appeal to minors. In addition, research shows that youth and young adults have higher rates of menthol tobacco use, and that initiation with menthol cigarettes is related to greater nicotine dependence.
The City Council finds that the location and density of commercial tobacco-related product retailers influences tobacco-related product use among residents living in those communities. Research shows that youth who live or attend school in neighborhoods with the highest density of tobacco outlets or retail tobacco advertising have higher smoking rates compared to youth who live or attend school in neighborhoods with fewer or no tobacco outlets. The City Council recognizes, as expressed in Resolution 2021-6, that there are significant and substantial racial disparities in the overall health of Bloomington residents. Compounding existing health disparities, tobacco retailers are often concentrated in communities at higher risk for adverse health outcomes. Further, the City Council finds that tobacco manufacturer spending on advertising, marketing and price is directed at youth and young adults. The majority of smokers start young, youth get tobacco from older peers, and exposure to nicotine is particularly dangerous to the adolescent brain. Therefore, the purpose of this ordinance is to reduce the appeal to youth and young adults and reduce the likelihood that youth and young adults will become users of tobacco-related products later in life, thereby promoting health, safety and welfare.
The following words and terms when used in this Division W shall have the following meanings unless the context clearly indicates otherwise.
BUSINESS. Refers to the business of selling
.
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.
CIGAR. Any roll of
that is wrapped in
leaf or in any substance containing
, with or without a tip or mouthpiece, that is not a cigarette as defined in M.S. § 297F.01, subd. 3 as amended from time to time.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor form the product. 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 also includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE does not include any product that has been approved or certified 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 marketed and sold for such an approved purpose.
FLAVORED PRODUCT. Any
that contains a taste or smell, other than the taste or smell of
, 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 authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product.
MOVABLE PLACE OF BUSINESS. A
whose physical location is not permanent or is capable of being moved or changed.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not or an electronic delivery device as defined by this section. NICOTINE OR LOBELIA DELIVERY PRODUCT excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation product or for medical purposes, and is being marketed and sold solely for such an approved purpose.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other
organization.
SELF-SERVICE MERCHANDISING. A method of displaying
, so that they are accessible to the public without the intervention of an employee.
TOBACCO. 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,
, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flower, cavendish, plug and twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scripts, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO 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 medical purposes, and is being marketed and sold solely for such an approved purpose.
TOBACCO-RELATED DEVICE. Rolling papers, wraps, or pipes for smoking, or any other device intentionally designed or intended to be used with tobacco. TOBACCO-RELATED DEVICE includes components of tobacco-related devices which may be marketed or sold separately. TOBACCO-RELATED DEVICES may or may not contain tobacco.
TOBACCO-RELATED PRODUCT. Any
,
,
, or
t, as those terms are defined in this section.
VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses
including vending machines equipped with manual, electric or electronic locking devices.
(a) License required. No
shall keep for retail sale, sell at retail or otherwise dispose of any
at any place in the city without first obtaining a license therefore and paying a license fee.
(b) Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any
upon request.
(c) No
shall be issued an original or renewal license to sell
unless that
has implemented a program for instructing all employees in the legal requirements pertaining to the sale of
, including, but not limited to, reviewing the law on the sale of
, providing information on the health risks of using
, and requiring employees to request identification from every customer who appears to be under 30 years of age. No license shall be issued to an establishment unless the employer signs a city form stating that the employer has provided training to all employees on the sale of
, and such training includes information that the sale of
to a
under 21 years of age is illegal, what proof of age is legally acceptable, and that a sale to a
under 21 years of age can subject the employer and the employee to criminal and/or civil liability.
(d) No license shall be issued to a
under 21 years of age.
(e) Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license.
(f) Sunset on Tobacco Retail. The issuing authority will not issue any new licenses for the sale of
. Licenses may be renewed subject to the provisions of this chapter, provided that:
(1) A license held by an individual
is only eligible for renewal by the same person who currently holds the license, or by that person's spouse or child, as that term is defined in the Uniform Probate Code, M.S. Chapter 524; and
(2) A license held by an LLC, Partnership, or Corporation, is only eligible for renewal if at least 50% of the owners, shareholders, or partners in place on June 30, 2022, still remain as owners, shareholders, or partners, as applicable.
The fee for a license to sell
shall be as set forth in City Code Appendix A for such location. The annual license shall be effective for one year from the date of approval and such license shall be renewed annually on the anniversary date of such approval. The license fee shall cover the administrative and enforcement costs, including the conducting of unannounced compliance checks. The city will conduct at least one such compliance check each calendar year at each location where
are sold to test compliance with this Division W.
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