(A) Purpose. Because the city recognizes that the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 21 violates both state and federal law; and because studies, which the city accepts and adopts, have shown that high school use of any commercial tobacco product has increased to 27.6% in Minnesota; and because nearly 90% of people who smoke begin smoking before they have reached the age of 18 years, and that almost no one starts smoking after age 25; and because 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 can make it more difficult to quit; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial burden on all levels of government, this section is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke, as stated in M.S. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of: 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 (2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997 (1998); and the following scholars in these scientific journals: Chen, J., & Millar, W.J. (1998). Age of smoking initiation: implications for quitting. Health Reports, 9(4), 39-46; D’Avanzo, B., La Vecchia, C., & Negri, E. (1994). Age at starting smoking and number of cigarettes smoked. Annals of Epidemiology, 4(6), 455-459; Everett, S.A., Warren, C. W., Sharp, D., Kann, L., Husten, C.G., & Crossett, L. S. (1999). Initiation of cigarette smoking and subsequent smoking behavior among U.S. high school students. Preventive Medicine, 29(5), 327-333; Giovino, G. A. (2002). Epidemiology of tobacco use in the United States. Oncogene, 21(48), 7326-7340; Khuder, S. A., Dayal, H. H., & Mutgi, A. B. (1999). Age at smoking onset and its effect on smoking cessation. Addictive Behaviors, 24(5), 673-677; Luke, D. A., Hammond, R.A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A., Henriksen, June 2020 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 6L. (2017). Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740-746; Minnesota Department of Health. (2020). Data Highlights from the 2019 Minnesota Youth Tobacco Survey. Saint Paul, MN; Tobacco Control Legal Consortium. (2006). The Verdict Is In: Findings from United States v. Philip Morris, The Hazards of Smoking. University of California San Francisco. Truth Tobacco Industry Documents, https://industrydocumentslibrary.ucsf.edu/tobacco; Xu, X., Bishop, E.E., Kennedy, S. M., Simpson, S. A., & Pechacek, T.F. (2015) Annual healthcare spending attributable to cigarette smoking: an update. American Journal of Preventive Medicine, 48(3), 326-333, copies of which are adopted by reference.
(B) Definitions and interpretations. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice versa. The term "shall" means mandatory and the term "may" means permissive.
CANNABINOID. Any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. CANNABINOID includes but is not limited to tetrahydrocannabinol and cannabidiol.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in C.F.R., Title 16, § l700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in C.F.R., Title 16, § 1700.20, as in effect on January 1, 2015.
CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in M.S. § 297F.01, subd. 3 as it may be amended from time to time.
COMPLIANCE CHECKS. The system the city uses to investigate and insure that those authorized to sell licensed products are following and complying with the requirements of this section. COMPLIANCE CHECKS involve the use of persons under the age of 21 who purchase or attempt to purchase licensed products. COMPLIANCE CHECKS may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. (June 2020 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 7)
DELIVERY SALE. The sale of any licensed product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail establishment. DELIVERY SALE includes but is not limited to the sale of any licensed product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. DELIVERY SALE includes delivery by licensees or third parties by any means, including curbside pick-up.
ELECTRONIC CIGARETTE OR VAPING DEVICES. Any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device. The term shall include such devices whether they are manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other product name.
ELECTRONIC DELIVER 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 from 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 includes any component part of a product, whether or not marketed or 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 Act.
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 smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. (June 2020 www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 8)
IMITATION TOBACCO PRODUCT. Any edible non-tobacco product designed to resemble a tobacco product and intended to be used by children as a toy. IMITATION TOBACCO PRODUCT includes, but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco snuff tins. IMITATION TOBACCO PRODUCT does not include electronic delivery devices or nicotine or lobelia delivery products.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. INDIVIDUALLY WRAPPED tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered INDIVIDUALLY PACKAGED. Cartons, shall be defined in this section, as packaging containing ten or more packages of cigarettes.
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% 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.
LICENSED PRODUCTS. Collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. 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.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business 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.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any 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.
PHARMACY. A place of business at which prescription drugs are prepared, compounded, or dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy services are delivered.
PROHIBITED SUBSTANCES. Any tobacco, cannabinoid, or cannabis related product, electronic cigarette and any other substance labeled as not safe for or intended for human consumption.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENT includes, but is not limited to, grocery stores, tobacco products shops convenience stores, liquor stores, gasoline services stations, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE DISPLAY. The open display of licensed products in a retail establishment in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee's employee and where a physical exchange of the licensed product from the licensee or the licensee's employee to the customer is not required in order to access the licensed product.
SMOKE. the gases, particles or vapors released into the atmosphere as a result of combustion, electrical ignition or vaporization of or by any prohibited substance;
(a) Smoking shall mean inhaling or exhaling smoke from any instrumentality, including but not limited to any cigar, cigarette, pipe, hookah pipe or an operating electronic cigarette, or having in possession any such instrumentality producing smoke or engaging in any act that generates smoke;
(b) Tobacco related products shall mean any product containing, made or derived from tobacco that is intended for human consumption, or any component, part, or accessory of a tobacco product, including but not limited to tobacco found in cigars and cigarettes, tobacco intended to be used in pipes or cigarettes, chewing tobacco, moist or dry snuff, dissolvable tobacco products and electronic cigarettes and any other product containing, made or derived from tobacco that is intended or expected to be consumed with or without being combusted but does not include any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, tobacco dependent product or for other medical purposes and is marketed and sold only for those purposes.
SMOKING. 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.
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 by not limited to: cigarettes, cigars, 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, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. TOBACCO 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.
TOBACCO-RELATED DEVICE. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE includes components of tobacco-related devices or tobacco products, which may be marketed or sold separately. TOBACCO-RELATED DEVICES may or may not contain tobacco.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment into or onto the device by the person seeking to purchase the licensed product.
YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25% or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. YOUTH-ORIENTED FACILITY includes, but is not limited to, schools, playgrounds, recreation centers, and parks.
(C) License required. No person shall sell or offer to sell any tobacco, tobacco products or tobacco-related device without first having obtained a license to do so from the city.
(1) Application. An application for a license to sell tobacco, tobacco products or tobacco-related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
(2) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council approves the license, the City Clerk shall issue the license to the applicant. If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the Council’s decision.
(3) Term. All licenses issued under this section shall be valid for one calendar year, except, if issued in mid year, the license shall expire as of December 31 of that year.
(4) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in division (J) below.
(5) Transfers. 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 without the prior approval of the Council.
(6) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
(7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(8) Renewals. The city shall notify the tobacco license applicants of their renewal in December of each year.
(D) Fees. No license shall be issued under this section until the appropriate license fee shall be paid in full. The fee for a license under this section shall be $75 for the year 1998 and $100 for the year 1999 and for each year thereafter until further action by the City Council.
(E) Basis for denial of license. The following shall be grounds for denying the issuance or renewal of a license under this section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section:
(1) The applicant is under the age of 18 years;
(2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco products or tobacco-related devices;
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco-related devices revoked within the preceding 12 months of the date of application;
(4) The applicant fails to provide any information required on the application or provides false or misleading information; and
(5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license.
(F) Prohibited sales. It shall be a violation of this section for any person to offer to sell any tobacco, tobacco product or tobacco-related device:
(1) To any person under the age of 21 years;
(2) By means of any type of vending machine unless the facility cannot be entered by any person under the age of 21;
(3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, or tobacco-related device, except for the sale of cartons of cigarettes;
(4) By means of loosies as defined in division (B) above; and
(5) By any other means, or to any other person, prohibited by federal, state or other local law, ordinance provision or other regulation.
(G) Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco-related devices on the licensed premises, and the sale of 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 City Clerk to whatever penalties are appropriate under this section, state law or other applicable law or regulation.
(H) Compliance check and inspection. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices when the items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor’s age and all minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. The city shall have one complete compliance check per year wherein it shall check all licensed premises in the city and an additional check conducted by the Police Department of the largest sellers of tobacco products in the community. Compliance checks must use minors who are over 17 years of age of under 21 years of age.
(I) Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this section.
(1) Illegal possession. It shall be a violation of this section for any minor to have in his or her possession any tobacco, tobacco product or tobacco-related device. This division (I)(l) shall not apply to minors lawfully involved in a compliance check on behalf of the city or who have only temporary possession during a legal sales transaction.
(2) Illegal use. It shall be a violation of this section for any individual 21 years of age or under to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco-related device.
(3) Illegal procurement. It shall be a violation of this section for any individual 21 years of age or under to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco-related device, and it shall be a violation of this section for any person to purchase or otherwise obtain the items on behalf of an individual 21 years of age or under. It shall also be a violation of this section for any person to sell or otherwise provide any tobacco, tobacco product or tobacco-related device to any individual 21 years of age or under and it shall further be a violation for any person to coerce or attempt to coerce an individual 21 years of age or under to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco-related device. This division (I)(3) shall not apply to individuals 21 years of age or under lawfully involved in a compliance check on behalf of the city.
(4) Use of false identification. It shall be a violation of this section for any individual 21 years of age or under to attempt to disguise his or her 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.
(5) No smoking on or near Essentia Health Campus. This section prohibits smoking on sidewalks and publicly-owned outdoor areas within 50 feet of the Essentia Health campus.
(a) PUBLIC PLACE. Any public street, public sidewalk, public easement, publicly-owned property, public park, publicly owned or operated parking lot or parking facility.
(b) SMOKE OR SMOKING. The use or possession of a lighted cigar, cigarette, pipe, tobacco smoking device, cannabinoid smoking device, or any other lighted smoking equipment.
(c) No person shall smoke in any public place within 50 feet of the nearest property line of the Essentia Health campus, the 50 feet measured in a straight line in constant elevation.
(d) The prohibition of division (I)(5)(c) above does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley.
(6) Smoking prohibitions. Tobacco and cannabinoids smoke is a major contributor to indoor air pollution, and breathing second hand smoke, whether indoors or outdoors, is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap. Health hazards induced by breathing second hand smoke include, but are not limited to: lung cancer, heart disease, respiratory infection and decreased respiratory function. The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco and cannabis smoke for which there is no known safe level of exposure. Thus the City Council deems that creating public spaces that limit the exposure to secondhand smoke is necessary for public health and safety.
(a) By order of the City Council of the City of Virginia, smoking, as defined in § 6.33(B), is prohibited in the following locations:
i. On all public streets, public sidewalks, public easements, or within ten feet of an entrance to such building unless designated otherwise for such use by order to the City Council.
ii. In all publicly-owned or operated parking lot or parking facility. This prohibition does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley, or in a parking lot or facility.
iii. On all publicly-owned property, public parks unless a permit has been issued for the area or in an area designated for such use.
iv. In all buildings used as a youth-oriented facility.
(b) This section is intended to complement the Minnesota Clean Indoor Air Act, M.S. §§ 144.411 to 144.417, as amended from time to time. Nothing in this section authorizes smoking in any location where smoking is restricted by other applicable laws.
(c) Any person violating § 6.33 of the City Code is guilty of a petty misdemeanor.
(Amended 1-1-2007)
(J) Violations and penalties.
(1) Notice. A person violating this section may be issued, either personally or by mail, a citation from the city 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.
(2) Hearings.
(a) Upon issuance of a citation, a person accused of violating this section may request in writing a hearing on the matter. Hearing requests must be made within ten 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 ten 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 ten business days prior to the hearing.
(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.
(4) Decision. A decision will be issued by the hearing officer within ten business days of the hearing. If the hearing officer determines that a violation of this section 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 division (A)(6) of this section.
(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.
(6) Appeals. Appeals of any decision made by the hearing officer must be filed in Saint Louis County district court located within the City of Virginia within ten business days of the date of the decision.
(7) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(K) Administrative penalties.
(1) Licensees. Any licensee cited for violating this section, or whose employee has violated this section, will be charged an administrative fine of $300 for a first violation; $600 for a second offense at the same licensed premises within a 36-month period; and $1,000 for a third or subsequent offense at the same location within a 36-month period. Upon the third violation, the license will be suspended for a period of not less than 30 consecutive days and may be revoked. Upon a fourth violation within a 36-month period, the license will be revoked.
(2) Employees of licensees and other individuals. Individuals, other than persons under the age of 21 regulated in division (K)(3) of this section, who are found to be in violation of this section may be charged an administrative fine of $50.
(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 approopriate remedy for persons under the age of 21 in the city in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time.
(4) Statutory penalties. If the administrative penalty for violations against licensed retailers under § (B)(1) authorized to impose by M.S. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail.
(L) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for an alleged second violation of this section by a person 21 years of age or older within five years of a previous conviction under the section.
(M) Exceptions and defenses. Nothing in this section shall prevent the providing of tobacco products or tobacco-related devices to a minor as part of a lawfully recognized religious spiritual or cultural ceremony. 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.
(O) 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.
(Adopted 9-24-1997; Am. Ord. passed 11-24-2020; Am. Ord. passed 9-26-2023)