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02-09-16 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Chambers February 9, 2016 6:30 pm Paqes 1. Golden Valley Fire Relief Association By-law Amendments (10 minutes) 2-5 2. Brookview Community Center Replacement (20 minutes) A. Design Check-in 6 B. Financing 7-g 3. Councilltems: A. Guiding Principles (20 minutes) 9-20 B. Council Agenda Format (20 minutes) 21-22 C. Neighborhood Notification Policy (20 minutes) 23-27 4. Flavored Tobacco (20 minutes) 28-62 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This dacument is available in atternate formats upon a 72-hour request. Please call 763-593-8006 (TfY: 763-593-3968)to make a request. Exarnples of alternate formats ' may inc{ude large print,electronic,Braille, audiocassette, etc. �1��' t?� A ' +dminlstrxtYvc Servic�s D+�partmcnt 763-593-8013!763-593-3969(fax) �'�i��m � � ��,. � �..a ��.; _ ;. tt Executive Summary Golden Valley Council/Manager Meeting February 9, 2016 Agenda Item 1. Golden Valley Fire Relief Association By-law Amendments Prepared By Sue Virnig, Finance Director John Crelly, Fire Chief Summary The Golden Valley Fire Relief Association (GVFRA)would like the Council to consider two changes to their by-laws. Because this may impact future levies, the Council needs to approve these requests at a future Council meeting. GVFRA Board Member Bryan Magnuson will be in attendance to review these changes. By-law changes are the following: � Yearly Pension increase from $7,500 to $7,750 � Interest on the Deferred Retirement Benefit to would be set to 0 percent. Attachments • History of Pension (1 page) • Resolution Approving Golden Valley Fire Department Relief Association By-law Article XI Increasing Service Pension and Service Pension Interest (2 pages) History Fire Relief Pension City Interest Amount Levy Amount 2016 7,750 est 0 0 2015 7,500 0 5 2014 7,300 1,141* 5 2013 7,000 40,155* 5 2012 6,700 45,000 5 2011 6,700 66,000 0 2010 6,700 150,000 5 2009 6,700 0 5 2008 6,700 0 0 2007 6,450 0 5 2006 6,200 40,745 5 2005 6,200 17,124 5 2004 6,000 2,882 5 2003 6,000 114,559 0 2002 6,000 79,980 0 Fire Department (calls and trainin�) Battalion Chief $ 20.42 per hour Captain $ 19.66 per hour Lieutenant $ 18.22 per hour Firefighter $ 15.83 per hour Firefighter-Apprentice $ 13.34 per hour Firefighter in Training $ 10.01 per hour Deferred 7 over 20 years 7 10yrto 19yr 16 0-9 yr 25 Est 48 Resolution 16-XX February 16, 2016 Member xxx introduced the following resolution and moved its adoption: RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION AND SERVICE PENSION INTEREST WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by-laws; and WHEREAS, the City of Golden Valley may be required to approve a relief association's pension benefit lewel, and also may be required to make contributians to fund relief association pension benefits; and WHEREAS, the Article XI relates to a section of the by-laws; and WHEREAS, the Annual Service Pension amount approved is attached; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Annual Service Pension in Article XI from $7,500 to $7,750. Interest on the Deferred Retirement Benefit is set at 0%. Shepard M. Harris, Mayor ATTEST: Kristine A Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 16-XX - Continued February 16, 2016 Completed Years of Service Earl Vestin Reduction Pension Amount 10 40% $ 46,500 11 36% $ 54,500 12 32% $ 63,240 13 28% $ 72,540 14 24% $ 82,460 15 20% $ 93,000 16 16% $ 104,160 17 12% $115,160 18 8% $128,340 19 4% $141,360 20 none $155,000 More than 20 none Add $7,750 er ear L"��1 C)� ��:��ys Park and Recreation Department 763-512-2345/763-512-2344(fax) �i�„.... �_,��a K:��,: ..��:.° ��'�. �°�� " Executive Summary Golden Valley Council/Manager Meeting February 9, 2016 Agenda Item 2. A. Brookview Community Center Replacement- Design Check-in Prepared By Rick Birno, Director of Parks & Recreation Summary The design team from Hammel, Green and Abrahamson (HGA) and staff will be presenting updated schematic design work, indoor/outdoor connectivity, floor plans, program areas and site plan massing. G�L��.` if� ��.�p,q ✓ � Administrative Services Department 763-593-8013/763-593-3969(fax) ,�;a�, , �»�� ._.n,.. . , „ Executive Summary Golden Valley Council/Manager Meeting February 9, 2016 Agenda Item 2. B. Brookview Community Center Replacement- Financing Prepared By Sue Virnig, Finance Director Summary At the November 10, 2015 Council/Manager meeting, staff reviewed financing options with Council. Direction was given to staff to go forward on Option 2 with the Kids Play Area. Attached is the estimated tax impact on various taxable market values for both the construction of the building and the cost of operations. Attachments • Brookview Community Center Estimated Tax Impact (1 page) City of Golden Valley,Minnesota Estimated Tax Impact-Based on Net Tax Capacity 2016 Community Center Tax Impact-Interest Rates held constant with July 9+100 bps 10122I2015 Updated 2/2/16 GO Bonds 20 year Par Amount $18,305,000 Construction Amount $18,000,000 O erations 1stYearLevy $1,417,277 $191,172 TOTAL Net Tax Taxable Market Value(a) Capacity Increase $7,417,277 $191,172 PER Pay 2016 Estimated TNTC $36,237,724 $36,237,724 Tax Rate Increase(b): 3.911% 0.528% YEAR Homestead Residential $50,000 $300 $12 $2 $13.32 70,000 420 16 2 $18.64 85,000 554 22 3 $24.59 100,000 718 28 4 $31.85 125,000 990 39 5 $43.95 150,000 1,263 49 7 $56.04 200,000 1,808 71 10 $80.23 225,000 2,080 81 11 $92.33 258,000 2,440 95 13 $108.29 308,000 2,985 117 16 $132.48 358,000 3,530 138 19 $156.67 408,000 4,075 159 21 $180.86 458,000 4,580 179 24 $203.29 508,000 5,100 199 27 $226.37 558,000 5,725 224 30 $254.11 608,000 6,350 248 33 $281.85 658,000 6,975 273 37 $309.59 708,000 7,600 297 40 $337.33 758,000 8,225 322 43 $365.08 808,000 8,850 346 47 $392.82 908,000 10,100 395 53 $448.30 1,008,000 11,350 444 60 $503.78 Commercial/Industrial $100,000 $1,500 $59 $8 $66.58 150,000 2,250 88 12 $99.87 250,000 4,250 166 22 $188.64 500,000 9,250 362 49 $410.57 1,000,000 19,250 753 102 $854.43 3,000,000 59,250 2,317 313 $2,629.87 5,000,000 99,250 3,882 524 $4,405.31 7,000,000 139,250 5,446 735 $6,180.76 10,000,000 199,250 7,793 1,051 $8,843.92 Apartments(4 or More Units) $ 50,000 $ 625 $24 $3 $27.74 75,000 938 37 5 $41.61 100,000 1,250 49 7 $55.48 200,000 2,500 98 13 $110.97 500,000 6,250 244 33 $277.41 1,000,000 12,500 489 66 $554.83 3,000,000 37,500 1,467 198 $1,664.48 5,000,000 62,500 2,444 330 $2,774.13 7,000,000 87,500 3,422 462 $3,883.78 10,000,000 125,000 4,889 659 $5,548.25 Sprinqsted c.`��y �� ;�� °� Y �� City Administration/Council 763-593-8003/763-593-8109(fax) ��a�.��-... .�� ;��_..r=r� �..�s .. _�!�� .��.� _ ,� Executive Summary Golden Valley Council/Manager Meeting February 9, 2016 Agenda Item 3. Council Items: A. Guiding Principles B. Council Agenda Format Prepared By Tim Cruikshank, City Manager Summary At the February Council/Manager meeting the Council will be reviewing the Guiding Principles and proposed Council Agenda Format changes. Attachments • Guiding Principles (11 pages) • Agenda Cover Sheet (1 page) • Addressing the Council Sheet (1 page) Golden Valley Guiding Principles I. General Policv Statement & Obiective The purpose of this document is to establish guiding principles for the Golden Valley City Council (the "Council") and Golden Valley City boards and commissions. These principles apply to the members of the Council and the Mayor as well as the appointed members of the City's boards and commissions, each of the foregoing being referred to in this document as a "Member". tl. Values The City of Golden Valley has determined the following as our core set of values: Our Citizens: We identify the residents and business taxpayers of the City of Golden Valley as our citizens. Working together with organizations and institutions, our citizens provide the character, commitment, and authenticity of our community and the resources necessary to define Golden Valley's quality of life. In partnership with others who serve our citizens, we will: • provide a variety of opportunities for input and feedback from our citizens • provide the best possible service to the extent our resources allow Our Employees: City employees have dedicated themselves to providing professional service to our community. We will create a work environment that: • is supportive • optimizes employees' abilities to perform their jobs • prepares employees to function in a changing workplace Fairness and Justice: Fairness and justice are fundamental to good government. We will seek to: • balance the merits of an individual issue against the common good of the total community • apply rules and regulations in a manner that assures justice and equal application of the law • behave in a way that is ethical, both in substance and appearance Effective Decision-Making: An effective decision-making process is critical to getting the City's work accomplished. We believe that: • reaching a decision by consensus is positive • consensus can often be reached through working together and having open debate • decisions should be based on factual information, community goals, policies, and input from affected parties 1 • there will be times when compromise or split votes will occur • decision-makers have the right to vote according to their conscience and political philosophy • decision makers should not abstain from participating in the decision- making process of matters before them that do not constitute a legal conflict of interest, unless there are extreme circumstances whereby abstention would be in the best interests of the City Honesty and Integrity: Honesty and integrity are the cornerstones of our values and are essential for building trust. We will: • tell the truth • be candid and open • listen without becoming defensive or retaliatory • relate all salient, pertinent, factual information • do what we say we will do Mutual Respect: Mutual respect is essential to building relationships. We will treat each other with mutual respect and recognize that: • people are continually growing • people are diverse • people have different levels of tolerance for change • decisions and problem-solving discussions should focus on issues and not on individual personalities Achieving Results: We are a results-orientated organization. We will: • define a clear direction • define the roles of the positions we fill • maximize the use of available tools and resources • achieve defined goals in a timely manner � be held responsible and accountable for our actions III. Standards of Conduct 1. A Member must not use their official position to secure special privileges or exemptions for the person or oth�rs. 2. A Member must not act as an agent or attorney for another before the Council or a board or commission in a matter where a conflict of interest exists or may exist. 3. A Member must not knowingly accept or solicit, directly or indirectly, a gift or loan for himself, herself, or another if this is prohibited by law. 4. A Member may accept compensation or expense reimbursement for the 2 performance of the person's public duties only from the sources listed below. A Member must not solicit or accept compensation or expense reimbursement for the performance of the person's public duties from any sources other than: a. compensation and expenses paid by the City; b. compensation and expenses from other employment, if the person happens to conduct public business while being paid for the other employment and if the other employment does not interfere with, influence, or compromise the person's public position; and c. compensation and expenses paid by another governmental agency or municipal association to a Member who serves as a City representative for that agency, but only if the City does not also pay the person for the same activity. 5. A Member must not use public money, time, personnel, facilities, or equipment for private gain or political campaign activities except when; a. the use is required or authorized by law; or b. the use is not greater than that allowed for members of the general public. This paragraph does not prohibit correspondence at any time to individual residents in response to the resident's specific inquiries. 6. A Member must not disclose to the public, or use for the private gain of self or others, information that was gained by reason of the official's public position and that is not public data or was discussed at a closed session of the Council. Further, a Member must not disclose information received, discussed, or decided in conference with the City attorney that is protected by the attorney/client privilege, unless a majority of the Council has authorized that disclosure. 7. A Member must not enter into a contract with the City, unless in accordance with law. A Member who has a proprietary interest in an agency or company doing business with the City must make known that interest in writing to the Council and the City Clerk. 8. A Member must not intentionally violate a provision of the City Code or the City ordinances. 9. Council Members are expected to be prepared for Council meetings and Council/Manager meetings by reading agenda packets and requesting further research in advance of the meetings. 10. The Mayor and Council Members direct City staff, contract employees and 3 consultants only through the City Nlanager, as established by the requisite majority vote. At Council meetings, the Council may express concerns and may provide staff specific direction, provided that the direction is the consensus of the Council. The City Manager will request further clarification if he/she feels it is required so that there is a clear understanding of what the Council's expectations are in terms of the actions to be taken by staff. 11. Members shall conduct themselves in such manners as to obey and adhere to Minnesota Statutes Chapter 13D, the Open Meeting Law. 12. Members duties shall be performed in accordance with the process and rules of order established by the Council or the City Code. 13. Public resources that are not available to the general public (e.g., City staff time, equipment, supplies and/or facilities, etc.) shall not be used by the Members for private, personal or political purposes. 14. It is the responsibility of Council Members to publicly share, with all other Council Members, information that they have received from sources outside of the public decision-making process, which pertains to a topic under consideration. Whenever possible, new information or data obtained by Council Members, pertinent to a topic being discussed, will be distributed through the City Manager to other Council Members. IV. Communications As elected officials, Council Members have a responsibility to communicate information to the public. Communicating accurate, timely and professional information is important to ensuring the quality and credibility of information being provided to the public. Public Record: Communications (electronic or written) involving Members are public records (with a few exceptions as stated by the Minnesota data practices act—www.house.leg.state.mn.us/hrd/pubs/dataprac.pdfl. Communications not considered public record may still be public information (i.e., email, text messages). Those interested in copies of these items must file a public disclosure request. Requests for private data or information outside of the scope of a Member's role should be routed to the City Manager. Align With Minnesota Open Meeting Law: Information posted or responded to should be done in alignment with the open meeting law: (www.hause.leq.state.mn.uslhrdlpubs/openmt .g pdf�. Members should generally act with caution when using electronic means to communicate with one another. Members who wish to share information with other Members should do so through the City Manager. Materials relating to agenda items for City business (including email) must be provided to the public at the meeting. Email or social 4 media communications shared among four or more Members should take place at an open meeting. Example of a violation: A Member posts a comment on a Facebook page about a proposed ordinance. A second Member comments that they agree and a third Member clicks the "like" button. Citizen Questions, Comments and Concerns: It's important that Members direct citizen questions, comments and concerns to staff. Doing so ensures requests are routed to the appropriate staff person and holds accountability that proper follow-up is made and the task is completed. In addition, since some requests cover multiple departments there may be a request history that will be useful as staff works to resolve the issue. Written Correspondence: Members often need to write letters to citizens, businesses, or other public agencies. City letterhead and envelopes are available for City business use. Contact staff in the City Manager's office at 763-593-8003 for these items. Written letters and memoranda received by the City, addressed to a Member or the Council as a body, are photocopied and provided to all Members and are also kept on file. Constituent Letters: Individual Members often prepare letters for constituents in response to inquiries, or to provide requested information. Recommendation Letters: Members may occasionally be asked to prepare letters of recommendation for students or others seeking employment or appointment. Electronic Communications; Generally, the Golden Valley City Council receives agenda materials, background information and other meeting information via email. Contact the City Manager if there are questions about these items. Helpful information about electronic communications is available on the League of Minnesota Cities website: www.lmnc.orq/media/dacument/1lefecfiraniccommunications pdf. Social Media: Since social media is an effective and frequently chosen communication tool among the public, the City of Golden Valley has its own official social media pages. Helpful information about social media is available on the League of Minnesota Cities website: www.Imc.arqJmedia/dacument/1/socialm�diaandcities pdf. Communication Tips for Email and Socia/Media Public Perception: Members are public officials representing the City of Golden Valley and its policies and perspectives. 5 Official Versus Individual Perspectives: Since the public connects City officials to the City of Golden Valley, it's important to clarify official perspectives from individual perspectives. Public information:Any published content, written or electronic (email, for example), may be considered public information or considered covered under the Minnesota data practices act. Informal messages not related to a public official's role, such as meeting notices, reminders, telephone messages and informal notes, are not public record. Large Outreach: Information posted on social media is public and is online for a long time. Both email and social media posts can be quickly shared with other audiences, making it important to post professional messages and avoid political comments. Discoverability: Generally, email is not removed from the system even if deleted. Email is discoverable in litigation, making it important to use it cautiously. When seeking legal advice or to discuss matters of pending litigation or other "confidential" City business, ensure emails are sent to only those intended because the attorney-client privilege protecting the document from disclosure may be waived. Media Relations - Media lnquiries: Members are encouraged to refer all media inquiries to the City Manager prior to Council discussion and vote on an item. After a vote has been taken, individual Members may comment on their decision. It's understood that individual Member decisions may not be reflective of the Council's majority vote. Following these guidelines is important to the democratic process because it helps avoid creating the public perception that a vote or decision has been made on a topic. That perception may discourage the public from engaging in the democratic process. City Manager's Ro/e: The City Manager communicates on the City's behalf in interviews, publications, news releases, on social media sites and related communications. The City Manager is in the best position to provide a response because many issues involve multiple departments or work may already be in progress. Many times, the Assistant City Manager or a department director will handle interviews and communications on behalf of the City Manager. When the media calls about: 1. Upcoming agenda items, issues or discussion topics: Wait to provide information until the topic is voted on. This communicates that a decision has not been made and allows the public process to work by keeping the topic open for citizen input. If a Member discusses the issue with media before a decision is made, there is potential that the public may be confused about the Council's direction. This may create a public perception that a vote or 6 decision has been made on a topic and discourage the public from engaging in the democratic process. 2. Routine or public information (i.e., a meeting time or agenda): Provide media with the information and notify City Manager. 3. Other information: About potential litigation, controversial issues, an opinion about a City matter, or if unsure of the type of question, it's recommended to work with the City Manager on these topics. The City Manager typically works with staff on these issues and can present the discussion scope or topic. V. Identifying and Addressinq Conflicts of Interest So that citizens may have the upmost confidence and trust in the integrity of their City government, and to protect the City's interest and its citizen's interests, Members must disclose and avoid conflicts of interest that arise in performing their official duties. To this end, the below principles provide Members guidance for identifying, addressing, and disclosing conflicts of interest. This guidance supplements, not supplants, the responsibilities Members have under law with regard to conflicts of interest. Members should consult with the City Manager and/or City attorney with questions or concerns they may have regarding conflicts of interest (whether the conflicts are real or perceived, potential or in existence), and not participate in or take any official action on a matter until such questions or concerns are resolved with the City Manager and/or City attorney. 1. Identifying Legal Conflicts of Interest. A "legal conflict of interest" exists when, in the discharge of official duties, a Member participates in a governmental decision, action or transaction that: a. affects the person's financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession or occupation; or b. affects the financial interests of an organization in which the person participates as a member of the governing body, unless the person serves in that capacity as the City's representative. 2. Identifying Financial Interests. A financial interest is any interest, including loans, which may yield, directly or indirectly, a monetary or other material benefit to the Member (other than monetary or material benefits authorized by the City in accordance with law). A financial interest of a Member or Member's employer (other than the City), his or her associated business, or his or her spouse, domestic partner, parent, sibling or child, and their employers or associated businesses shall also be considered a financial interest of the Member. 7 The following assets shall not be considered a financial interest for purposes of this section. a. ownership of shares in a diversified mutual fund b. membership in a pension plan or employee benefit plan c. ownership of bonds or publicly traded securities d. ownership of a whole life insurance policy 3. Addressing Legal Conflicts of Interest. a. When a legal conflict of interest exists, except as permitted by law, a Member must disclose the potential conflict of interest for the public record, in the manner described in Section VI below, and refrain from participating in the discussion and from voting on the matter. To participate or participation, for the purposes of this document, means making the decision, taking action, entering into a transaction, providing advice or a recommendation, introducing, sponsoring, debating, voting on, approving, and investigating the decision, action, or transaction. b. A Member shall not participate in making or attempt to use his or her position to influence any City governmental decision, action, or transaction in which the Member knows or has reason to know that he or she has a legal conflict of interest. 4. Non-Legal Conflicts of Interest. a. Members may face situations in performing their official duties that raise, or are perceived to raise, a conflict of interest, but which do not fall within the above description of a legal conflict of interest and are otherwise not a conflict of interest regulated by law. These types of conflicts are referred to, for purposes of this document, as "non-legal conflicts of interest". b. While non-legal conflicts of interest may be different in nature or degree from a legal conflict of interest and other conflicts of interest regulated by law, they can nevertheless impair, or give the appearance of impairing, a Member's independence of judgement and/or harm the City's interests and the interests of the citizens. c. The significance of non-legal conflicts of interest often depends on the facts and circumstances involved in each situation, and thus it is difficult to establish bright-line rules regarding when such conflicts must be disclosed and necessitate a Member to refrain from participating in a matter. Therefore, Members are entrusted to use their best judgement regarding such situations with the aim of 8 upholding the principles established under this document and the highest possible standards of ethical conduct, and with the understanding that public disclosure of non-legal conflicts of interest, by itself, helps maintain citizens' trust and confidence in the integrity of City government. d. To this end, if a Member recognizes that his or her participation may create a non-legal conflict of interest, he or she should (i) discuss the matter in advance (to the extent possible) and in confidence with the City Manager and/or City attorney regarding the appropriate action to take; and/or (ii) disclose the conflict in accordance with Section VI below and, if necessary, refrain from participating in the matter. e. Without limiting the foregoing, a Member may participate in a City governmental decision, action, or transaction involving an organization or entity that the Member, or his or her partner, spouse, partner, domestic partner, sibling or child is an officer, director, board member, or trustee of, if the Member does not have a legal conflict of interest in the governmental decision, action, or transaction. However, the Member must disclose his or her affiliation with the organization or entity as though it were a legal conflict of interest, in the manner described in Section VI below. f. Similarly, a Member may participate in a City governmental decision involving a person related by family to the Member, other than his or her parent, spouse, domestic partner, sibling or child, if the Member does not have a legal conflict of interest in the governmental decision, action, or transaction. However, the Member must disclose his or her relationship with the related person as though it were a legal conflict of interest, in the manner described in Section VI below. VI. Disclosure of Conflicts of Interest. If a Member, in the discharge of his or her official duties, recognizes that his or her participation in a matter would create a legal conflict of interest, or a non- legal conflict of interest that should or must be disclosed, the Member shall disclose the conflict of interest as follows: 1. The Member shall disclose the conflict of interest to the City Manager and his or her fellow Members as soon as he or she becomes aware of the conflict. If a Member becomes aware of a conflict during a meeting of the Council, a committee or board, the Member shall immediately disclose the conflict of interest orally. 2. In the case of a legal conflict of interest, a Member must also prepare, on a form prescribed by the City Clerk, a written statement describing the matter 9 requiring action or decision and the nature of his or her conflict of interest, or as otherwise required by law. In the case of a Council Member, the written statement shall be distributed to the other Council Members and Mayor and filed with the City Clerk. Likewise, in the case of a Member of a board or commission, the written statement shall be distributed to the other Members of the board or commission and filed with the City Clerk. After the first time the Member has orally disclosed a conflict of interest and filed the disclosure form, the Member may subsequently orally disclose a conflict by referring to the filed form. Because Members may not attend all meetings, oral disclosure may consist of the written statement being read into the record by the presiding Member at the first regular meeting after the form has been filed. All written statements shall be filed and distributed within one (1) week after the Member becomes aware of the legal conflict of interest. In the case of non-legal conflicts of interest that a Member discloses, the Member may file a written statement regarding the conflict. 3. If a Member does not participate in any discussion or vote on a matter due to a conflict of interest, he or she shall be counted present for the purposes of establishing a quorum to carry on the business of the Council, board or commission, but shall be considered disqualified for the purpose of establishing the number of votes necessary to pass motions or resolutions. V11. Hearinq. Any person may file a written complaint with the City Clerk questioning a Member's adherence to the principles stated in Section III through VI above. The Council may hold a hearing after reviewing the complaint or on the Council's own volition. A hearing must be held only if: (1) the City attorney, designee or other attorney appointed by the Council, advises the Council that the allegations state a legally-recognized violation of the law or a legally-recognized conflict of interest; and (2) the City attorney, designee or other attorney appointed by the Council advises the Council that the complaint has been lodged in good faith and not for impermissible purposes. Prior to the hearing, a letter will be sent to the alleged offending Member stating the alleged complaint. At the hearing, the accused Member must have the opportunity to be heard. If after the hearing, the Council finds a violation of the principles stated in Section III through VI above, the Council may take whatever action it deems appropriate, including referring the matter for criminal prosecution, imposing a monetary civil penalty, directing a Member not to participate in a decision, censure, or removing an appointed Member from office. If the accused Member is a Member of the Council, that Member affected must not participate in the decision. VIII. Shared Values Statement. I do solemnly swear that I believe in and am committed to upholding the values as stated in this City of Golden Valley Guiding Principles. 10 Signature: Date: Printed Name: Refusal to sign City of Golden Valley Guiding Principles: Signature: Date: Printed Name: 11 AGENDA i si �. d'i� •• Regular Meeting �� of the � �� ' City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber December 15, 2015 6:30 pm Th�rrv�-F7��-6v i�f�2f-+�@Fl�''"Td-R v2�S �rr,c��,-v-a�i�v r�ri�r�� ha r��hlin ho.�rir�n� c�h�rl��loi-1 .�� 7 r�m 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member ^r ^o �+�n so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - December 1, 2015 3-6 B. Approval of City Check Register 7 C. Licenses: 1. City Gambling Licenses 8 D. Minutes of Boards and Commissions: 1. Bassett Creek Watershed Management Commission - October 15, 2015 16-22 E. Bids and Quotes: 1. Award Kewanee Way Sanitary Sewer Lining Project 23 F. Approval of 2016 General Wages and Salaries for Non-union Personnel 15-96 24-27 G. Authorize Contract for Professional Services with Prairie Restoration 28-55 4. PUBLIC HEARINGS � A. Public Hearing - Ordinance 586 - Approval of Conditional Use Permit 141 - 5401 and 56-142 5403 Minnaqua Drive - Rakhma, Inc., Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. 1. Second Consideration - Ordinance #589 - Amending Section 4.20: Sign Permit 143-158 and Regulations regarding Temporary Signs, Banners and Inflatables 2. Authorization to Proceed with Brookview Community Center Replacement Project 159-170 B. Announcements of Meetings 1. Future Draft Agendas: 171-173 C. Mayor and Council Communications 7. ADJOURNMENT „�� ” Addressing The City Council ��:�� Although anyone can attend Council meetings, citizens cannot speak or otherwise participate in any discussion outside of a public hearing unless the Mayor or the presiding Officer recognizes them for this purpose. The decision to recognize speakers is usually up to the Mayor or presiding Officer, but the Council can overrule this decision. The Council can, through a motion and vote, decide to hear one or more speakers from the audience. (Reference Minnesota Statute 412.191, subd. 2.) Public Hearings The following procedures apply to public hearings: A. Pre-Hearing Presentation 1. Mayor asks for staff report on item. 2. Applicant is available to answer questions. B. Public Hearing 1. Mayor to open public hearing. 2. Citizens wishing to speak should raise their hands and approach the podium when recognized by the Mayor, then clearly state their full name and address for the record. Spokespersons are given more time for presentations, and groups are encouraged to use them. 3. Citizens must address all questions and comments to the Mayor, who will then determine who will answer them. Questions will be answered when all persons have had a chance to speak. Only one person may speak at a time. Citizens are urged to be polite and quiet as comments are made to the Council. Applauding or other displays of approval or disapproval are inappropriate during City Council proceedings. 4. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Please limit second presentation to new information and not rebuttals. 5. There will be no straw votes of people present. These are not helpful to the Council because they do not reflect accurate total community sentiment. 6. When the public comments are completed, the Council closes the public hearing and starts its own discussion. The audience is welcome to listen quietly to the discussion but is requested not to make further comments. �� ,. �. � Physical Develvpment T}ep�.rtrnent 763-593-8Q95 l 763-593-8149{fax} ��,.� ��:�, :��. ,., �:.,, ,- :,, � � �: ,� �°�`:�� ;��u� �� Executive Summary Golden Valley Council/Manager Meeting February 9, 2016 Agenda Item 3. Council Items: C. Neighborhood Notification Policy Prepared By Jason Zimmerman, Planning Manager Summary In September of 2015, staff updated the City Council on the perceived effectiveness of the Neighborhood Meeting Policy implemented in mid-2014. At that time, staff had observed that while developers may receive feedback from residents at neighborhood meetings regarding their proposals, they are under no obligation to adjust their application or to respond to the comments they receive. This is especially true of subdivision and conditional use applications, which typically require approval if the minimum requirements are met, regardless of the input from outside parties. This often resulted in a frustration by neighbors stemming from having invested time and effort to make a proposal better, only to see the efforts "wasted." As a result of the discussion at the Council/Manager meeting, staff was asked to prepare a policy that only required notification by mail for many types of proposals, while continuing to require neighborhood meetings for those that allowed the City to act in a more legislative fashion. This would have the advantage of reserving the neighborhood meeting requirement for applications in which the City, and therefore residents, have greater flexibility to demand modifications—specifically, for Planned Unit Developments (PUDs). In the other cases, it would be sufficient to require the applicant to mail basic information regarding the project to neighboring property owners but to reserve the opportunity for dialogue for the public hearing itself. Staff has prepared the attached Neighborhood Notification Policy which requires an applicant to send a mailing that contains detailed information specified by the City only for Conditional Use Permits, subdivisions, rezonings, and Comprehensive Plan amendments. For PUDs and major amendments to PUDs, neighborhood meetings would still be required. If the City Council is comfortable with this policy change, the revised policy would be considered at a future City Council meeting for adoption. Attachments • Draft Neighborhood Notification Policy (2 pages) • Sample Letter to Property Owner (1 page) City of Golden Valley Planning Neighborhood Notification Policy Proposed February 9, 2016 Neighborhood notification shall be conducted whenever a proposal is located within or adjacent to a residential zoning district, or whenever Planning staff feels the potential impact is great enough to warrant such a notification. Proposals for Conditional Use Permits, subdivisions, rezonings, and Comprehensive Plan amendments shall require the notification be through a mailing. Proposals for Planned Unit Developments (PUDs) and major amendments to PUDs shall require the notification be through a neighborhood meeting. Mailin�s (Conditional Use Permit, subdivision, rezonin� Comprehensive Plan amendment) The Applicant shall prepare a mailing regarding the proposal in order to provide information to residents and allow them time to give feedback to staff prior to the public hearing. Mailing Guidelines: 1. Mailings shall be sent out by the Applicant after the formal application has been received by the City and deemed to be complete. Mailings shall be sent out to the same properties that will be notified for the public hearing and shall be received at least 10 days prior to the date of the Planning Commission meeting. If Planning staff feels additional time is warranted to solicit neighborhood input, mailings may be required to be sent out earlier. 2. A draft of the entire mailing must be reviewed by Planning staff prior to sending. 3. A copy of the mailing shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. Mailings shall include the following: • Applicant name, address, and phone number � Location of proposed project (map) • Narrative describing the proposed project and specific application request • Copies of any plans • Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) • Contact information for Planning staff Meetin�s (PUD, maior PUD amendment) The Applicant shall hold the neighborhood meeting at an accessible location in order to provide information to residents and to gather feedback prior to the public hearing. Meeting Guidelines: 1. The meeting shall be scheduled after the formal application has been received by the Planning Division but at least 7 days prior to the informal public hearing at the Planning Commission. Notices shall be sent out by the Applicant to the same properties that will be notified for the public hearing and shall be received at least 10 days prior to the meeting date. If Planning staff feels additional time is warranted to receive neighborhood input, meetings may be scheduled prior to the submission of a formal application. 2. Meetings shall be held between 6:30 and 8 pm, Monday through Thursday. Meetings shall not be held on holidays. The Applicant is encouraged to check potential meeting dates with Planning staff. 3. The Applicant shall host the meeting and make the presentation. A City representative may be in attendance to observe and to answer questions about City policy and process. 4. A copy of the neighborhood meeting notice shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. 5. A sign-in sheet shall be kept and a copy provided to Planning staff, along with a summary of the meeting, after its conclusion. Notices shall include the following: • Applicant name, address, and phone number • Location of proposed project (map) • Narrative describing the proposed project and specific application request • Meeting date, time, and location • Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) • Contact information for Planning staff February 9, 2016 Property Owner 123 Golden Valley Circle Golden Valley, MN 55416 Dear Property Owner, Small City Heliport Company has applied to the City of Golden v��l;�y for a Conditional Use Permit to allow for the construction of a heliport facility at 456 Gafden Valley Circle. This use needs City review and approval and also requires us to contact neighbC��'s With 500 feet of the property in order to share with them our exciting proposal, Please find enclosed information about our plans for�he Golden Valley Metro M�liport, including a narrative that describes our operations and'a proposed site plan. We believe the addition of this facility to Golden Valley will be a;benefit to the City and its booming tourism industry, and that our patented sound-dampening technt�logy will keep any rotor noise from becoming a nuisance to the single family homes nearby. If you have comments or concerns about this a�pkication, pl�ase contact Planning staff at (763) 593-8095 or at plannin�@�ofdenvalleymn.�;c�v to share your thoughts. A public hearing in front of the Planning Cornmis�ion is scheduled for Monday, March 14, 2016, to discuss our proposal. You are invit�d to attend and will receive additional details about this meeting in a mailing from the City. A finai,meeting and vote will subsequently be held with the City Council. Please feel free to contact our office if you have questions. Sincerely,` Walter Mitty President, Small City Heliports Company 789 7tn Street, Suite #21 Indianapolis, IN 46222 Enclosures (2) C`l�� C7� � ��..��. A ' �� dministrative Services Department 763-593-8013/763-593-3969(fax) ��' ��; = : Executive Summary Golden Valley Council/Manager Meeting February 9, 2016 Agenda Item 4, Flavored Tobacco Prepared By Sue Virnig, Finance Director Kris Luedke, City Clerk Summary Council Member Fonnest requested this item be placed on the agenda. Attachments � City of Minneapolis report, Ordinance and website posting regarding flavored tobacco (10 pages) • City of St. Paul Ordinance and Star Tribune article regarding flavored tobacco ( pages) • League of Minnesota Cities Handbook, Chapter 11, (III) (J5), City ordinance licensing sale of tobacco and tobacco-related products (1 page) • List of current Golden Valley Tobacco License Holders (1 page) • City Code Section 6.34: Tobacco (9 pages) • City Code Section 10.67: Smoke Free Environment (4 pages) �'C`,�ti UH�l�y� � J �' '� �. N O w S.. - � N �Yta�uMEs'� . Request for City Council Committee Action Health Department Date: June 8,2015 To: HEALTH,ENVIRONMENT&COMMUNITY ENGAGEMENT COMMITTEE Subject: PUBLIC HEARING TO AMEND THE TOBACCO ORDINANCE Recommendations: Approve amendments to the Minneapolis Code of Ordinances Title 13 Tobacco,Chapter 281 related to sales of tobacco products. Previous Directives: May 13,2014: Presentation to HECE on by Minneapolis Health Department and Minneapolis Youth Congress July 7,2014: Recommendations presented to HECE by Minneapolis Youth Congress. Letter supporting recommendations presented by the Minneapolis Public Health Advisory Committee . May 15,2015: Referred from City Council. Prepared or Submitted by: Becky McIntosh,Director of Planning&Administration Phone: x2884 Approved by: Crretchen Musicant,Commissioner of Health Permanent Review Committee(PRC): Approval Not Applicable X Policv Review Group(PRG) Approval Date of Approval Not Applicable X Presenters in Committee: Gretchen Musicant, Commissioner of Health Financial Impact(Check those that apply) X No financial impact(If checked,go directly to Background/Supporting Information). Background/Supporting Information Attached The Minneapolis Code of Ordinances Title 13 Tobacco,Chapter 281 is being amended to restrict youth access to fiavored and cheap tobacco products.The purposes of these changes are to prevent youth tobacco use, lifelong addiction to nicotine and the negative health effects of tobacco use. According to Minnesota Youth Tobacco Survey-Teens and Tobacco in Minnesota, 2014 Update, 24.2% of Minnesota youth (under 18) used a tobacco product(cigarette,shisha,cigar,smokeless tobacco or e- cigarette) in the last 30 days. Cigarettes are still the most commonly used tobacco product (by 23.3� and 15.1%of high school males and females, respec#ively) but cigars and other flavored tobacco products are gaining traction.' Ci�ar products The Minnesota Youth Tobacco Survey 2014 Update also reports that the overall percent of high school students smoking cigars,cigarillos, or little cigars fell from 13.0% in 2011 to 8.2%in 2014; however, cigars products and smokeless tobacco have increased their share of the shrinking market among high school users.'This means that cigar products and smokeless tobacco products are becoming more popular among youth tobacco users.The percentage of high school current tobacco users who smoked only cigar products in the past 30 days rose from 10.9 percent in 2011 to 15.8 percent in 2014. Male high school students use cigarettes(10.8%),cigar products(10.9%), and smokeless tobacco(10.8%)at virtually the same rate.' The majority of non-premium cigars are flavored. In 2009,the federal government passed the Family Smoking Prevention and Control Act,which banned the manufacture of all flavored cigarettes except the menthot flavor. Because the law did not restrict the use of flavorings in other tobacco products such as cigar products or smokeless tobacco, many tobacco companies started manufacturing flavored cigarillo products.The FDA notes: "Flavored tobacco products have become increasingly common in the United States.These products,containing flavors like vanilla,orange,chocolate,cherry and coffee, are especially attractive to youth.They are widely considered to be 'starter' products,establishing smoking habits that can lead to a lifetime of addiction.""Tobacco users(particularly youth)often mistakenly assume that flavored tobacco products are safer tha;n other tobacco products."' In addition to their flavor,the cheap price of cigar products makes them appealing and accessible to young people. Unlike cigarettes that must be sold in packs of at least 20,cigar products can be sold individually. A common price for a single,flavored cigarillo is$0.99; cigarillos are sold in 3-packs for as cheap as$0.99(or$0.33 each). Shisha Shisha is flavored loose tobacco that is smoked in a waterpipe or hookah.Shisha is sold in flavors such as mint, coffee, cola and nearly all fruit flavors. In Minnesota, 18.4 percent of high school students have tried a hookah and 5.4%of high school students reporting using this product in the last 30 days.' Nationally,youth hookah use has doubled between 2013-2014." E-Ci�arettes Use of electronic cigarettes is also increasing.According to a 2015 CDC report,youth use of electronic cigarettes tripled between 2013-2014.'"In Minnesota, more than one-fourth of high school students (28.4%j have tried electronic cigarettes and 12.9%of Minnesota's high school students reported using it regularly.'Most students who have used an e-cigarette in the past 30 days are atso using one or more of the conventional tobacco products.' In most cases,e-juice,which is used in electronic cigarettes, is flavored. Like shisha and cigar products, e-cigarettes are sold in fruit,candy,coffee and other flavors. E-cigarettes come with or without nicotine. Minneapolis Data National and state data regarding the use of flavorecl cigar products,shisha and e-cigarettes reflect the trends reported by young people from the Minneapolis Youth Congress and Northpoint's Breathe Free North project. In November 2013, members of the Minneapolis Youth Congress initiated a committee to explore current trends in youth tobacco use and strategies to reduce it.They conducted store visits to familiarize themselves with the availability of flavored tobacco products and conducted convenience sample surveys to determine their peers'experiences with tobacco. From a survey of 76 underage tobacco users,55%had used cigarillos,43% had used shisha and 53%had used electronic cigarettes. Most of the e-cigarette users also smoked cigarettes.The youth also conducted five community conversations to share their findings and gather input on prevention strategies. Based on this input,they presented the following four recommendations to Health, Environment and Community Engagement Committee in July 2014�: 1.Clean Indoor Air laws (state and local)should prohibit e-cigarette use in all of the same places that cigarette smoking is prohibited. 2. Minimum pack-size and minimum pricing on tobacco items such as little cigars and cigarillos. 3. Flavor tobacco products should only be sold by tobacco-only retailers. 4. No coupons or discounts should be allowed for tobacco products. In North Minneapolis,young people involved in Northpoint's Breathe Free North program also conducted a study to understand youth access to tobacco. BFN youth leaders administered surveys to 530 youth (under the age of 18)who live in North Minneapolis. Results from this survey indicate that: • Youth experiment with tobacco products early.Among the 313 youth (59%)who said that they had used a tobacco product,two-thirds reported that they were under the age of 14 when they first tried tobacco. • Cigars and cigarillos are popular with young people. Over half(52%)of the youth who reported ever using tobacco had used cigars/cigarillos;38%reported trying shisha and 31%reported trying e-cigarettes. • Over half of the youth (57%)said that they used flavored tobacco products"always"or"most of the time."The most common reason youth gave for tiking tobacco was its flavor or taste. The BFN youth also conducted store assessments in 30 tobacco vendors located in North Minneapolis and found that 83%of these stores sold flavored tobacco products and the average price for a single cigar was$1.16." Both initiation and regular use of all tobacco products is concerning because of tobacco's negative health effects. Like cigarettes, cigars,shisha, smokeless tobacco and some e-cigarettes contain nicotine, which is highly addictive and can adversely affect adolescent brain development.Though the long-term health effects of electronic cigarettes are unknown, it is well documented that the prolonged use of other tobacco products can lead to tobacco-related illnesses,which are the leading cause of preventable death in the United States.The health burden of tobacco use is felt most acutely in low-income and communities of color,which have the highest rates of use. Nearly all (90%)of current smokers started before they were age 18 and almost no one begins smoking after age 26.Therefore, preventing youth initiation and regular use of the tobacco products is a reasonable prevention strategy. This ordinance aims to reduce youth access and use of tobacco products by addressing aspects that make these products appealing and affordable to youth:wide availability of flavored products and inexpensive prices. Wide Availabilitv of Flavored Products This ordinance limits the sale of flavored products in Minneapolis to tobacco products shops only.The restriction applies to all flavors(except the menthol flavor)of tobacco products, including(but not limited to)the following products: shisha,snus,snuff(chewing tobacco)e-cigarettes, and all cigar products. Similar to the Federal Drug Administration`s(FDA)exemption of the menthol flavor from its flavored cigarette ban,this ordinance does not apply to menthol and mint versions of these products. Also,according to the definition,"tobacco"is not considered a flavor.This means that all tobacco license holders can continue selling tobacco, menthol,and mint versions of tobacco products and non- flavored tobacco products such as unflavored cigars or unflavored smokeless tobacco. Research shows that the availability and marketing of tobacco affects youth tobacco use.Youth who live or go to schools in neighborhoods with the highest density of tobacco outlets(or with the highest density of retail tobacco advertising) have higher smoking rates compared to youth who live or go to schools in neighborhoods with fewer or no tobacco outlets,""internal tobacco industry documents indicate that convenience stores are considered to be"the single most effective outlet for reaching younger adult smokers."�"'While this ordinance does not affect the number of or density of tobacco retailers, it does reduce the availability and marketing of flavored tobacco products in places where young people can enter. Limiting the sale of flavored tobacco products to stores that only allow adults to enter also limits underage youth's ability to directly purchase tobacco. Despite youth tobacco compliance checks conducted by FDA and Minneapolis Business Licensing, Minneapolis Youth Congress surveys indicate that 18%of teens who smoke were able to regularly purchase tobacco directly from a store. Currently,flavored tobacco products are available in'most of Minneapolis' 355 tobacco retail outlets including convenience stores,gas stations and pharmacies.As of June 1, 2015, 15 of these tobacco outlets are classified as a tobacco products shop. A tobacco product shop: • Has an entrance door opening directly to the outside • Derives at least 90%of revenue from tobacco products • Must prohibit anyone under 18 years of age from entering if self-service is available Some tobacco shops use open displays that are accessible to the public without the intervention of a store employee and for this reason,state law prohibits them from allowing minors to enter.The Minneapolis ordinance will restrict a tobacco product shop from allowing minors to enter regardless of the method of display(self-service open displays or"behind the counter"). Price To address the cheap price of flavored and unflavored cigars,this ordinance sets a minimum price for all cigar products. Research that shows the price of tobacco has a direct impact on smoking rates. Higher tobacco prices not only reduce smoking rates,they induce users to quit, reduce initiation, reduce uptake among young people and lead to larger reductions in tobacco use among young people than adults.'X Youth are the most price-sensitive as they generally'have less income and less likely to be nicotine dependent.x Four Minnesota cities have employed this pricing strategy(Bloomington,St. Paul, Maplewood and Brooklyn Center).The ordinance has created changes in the marketplace with fewer places selling the cheapest cigars. The Minneapolis ordinance will set a minimum price of$2.60 per stick before tax for cigar products sold individually, in two-packs or three-packs.This means cigars will have the minimum before-sales tax price of: $2.60 for a single cigar $5.20 for 2-pack 3-packs:$7.80 for a 3-pack Packs of four or more cigars will be sold at a minimum of$10.40 before sales tax.These prices are inclusive of any discount, price promotion or coupon.This means that the minimum price per stick must be$2.60 after the price discounts have been applied. Price discounts include coupons, "buy one,get one free"and other pricing strategies that reduce the overall price or per unit price of tobacco products. Effective Date,Vendor Education and Enforcement This ordinance will take effect September 1,2015. If'the ordinance amendments are approved,the Minneapolis Health Department will notify all license holders and provide a list of the products to which the ordinance applies. Immediately after the ordinance goes into effect, Business Licensing will make a round of inspections to ensure compliance.After this initial round of inspections, Business Licensing will enforce the ordinance through its annual license inspections,youth compliance checks and upon complaint.Stores that violate the ordinance will be subject to the standard ordinance penalties, unless otherwise specified: administrative citations($200 for first offense and doubling thereafter),or misdemeanor criminal prosecution. Repeated offenses would subject a license holder to potential suspension, revocation, nonrenewal or other adverse license action. Notice of Public Hearin¢ To inform current tobacco vendors of these proposed ordinance changes,the Minneapolis Health Department mailed letters to all license holders on May 22,2015.The letter included the ordinance amendment and guidance on submitting comments about the amendments. Emails were also sent to license holders, business associations and neighborhood organizations. Minneapolis Business Licensing posted the ordinance language and public hearing details on its website on May 22,2015. �Teens and Tobacto in Minnesota,2014 Minnesota Department of Health, htto://www.health.state.mn.us/divs/chs/tobacco/teentobaccoexecsumm110614 pdf n u.5.F000&onucnorniw.,FACT$HEET:FLAVORED TOBACCO PRODUCT51(2011�,OVOIIdbIE Ot http://www.fda.¢ov/downloads/TobaccoProducts/ProtectinaKidsfromTobacco/FlavoredTobacco/UCM183214 adf. ''`U.S.food&Drug Admin.,FDA Parental Advisory on Flavored Tobacco Products—What You Need to Know(2013),availoble at http://www.fda.sov/TobaccoProducts/Protectin¢KidsfromTobacco/FlavoredTobacco/ucm183196 htm. �°E-cigarette use triples among middle and high school students in just one year,Centers for Disease Control and Prevention,April 15,2016. http://www.cdc.aov/media/releases/2015/p0416-e-ciearette-use html °Minneapolis Youth Congress Tobacco Initiative:Summary Report "Tobacco Use in North Minneapolis,Northpoint Health and Wellness Center,July 2014. V��See generolly��ISa Henriksen et al.,Reoching Youth ot the Point of So%:Cigareite Morket'mp 6 More Prevoknt M SWres lMiere Adolescentr Shop FrequenNy,13 Toencco ConTqa 315(]004),Scott T.Leatherdale& Jxelyn M.Stn[h,Tobacco RefailerOensity5urrourMing Schoolt ond[igarctte Aaess Behaviors Among UrWerage Smating Students,33 Awwus BeHnv.M[o.105,106(2007);Wlllfam 1.MCUrthy et al.,Densiry of Tobocro Retotlers Neor.kfiaols:Efjects on Tobacco use Amonp Students,99/vn.J.Pue.HwTx 2006,2011-1](]009�;Joshua H.West et al.,Does Prox7mNy to Netoikrs InJlumce Alcohol arrd To6occo Use Among LONrro Addescents),12 J.IMMiennnr& Mirwnm Neun�626,631(2010�. v01Memorandum,Pro osedRlRStrete M.L.Orlowsky�Julyl6,1983�,ow1lobleat P gy in Convenience Stores,from G.W.McKenna to http://le�acv.librarv.ucsf.edu/tid/fvd29d00/pdflsearch=%22502098107%208114%22(g're�n,o.sozo9e�o�isiia�. Iz52B WORLD HEALTH ORG.'INT'LAGENCY FOR RESEARCH ON CANCER,IARCHANOBOp160F(ANCEI(?pEyENTION:TOBN[[OCAMROL,VOLUMEI4:EffKTIVEMESSOFTA%ANOPflIQVOLKIF5INTOBRCCOCANfPOL(im1� `Chaloupka FJ,Cummings KM,Morley CP,Horan JK.Tax,price and cigarette smoking:evidence from the tobacco documents and implications for tobacco company marketing strategies.Tobacco Control.2002;11(suppl 1):162-72. AN ORDINANCE of the CITY OF MINNEAPOLIS By Yang and Gordon Amending Title 13, Chapter 281 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Tobacco Dealers. The City Council of the City of Minneapolis do ordain as follows: Section 1. That Section 281.15 of the above-entitled ordinance be amended to read as follows: 281.15. Definitions.As used in this chapter,the following terms shall mean: Ciaar means anv roll of tobacco that is wrapped in tobacco leaf or in anv substance containin�tobacco, with or without a tip or mouthpiece which is not a ci�arette as that term is defined in Minn. Statute Section 297F.01. Component part means anv element of a tobacco product includin� but not limited to the tobacco, filter and paper, but not includin�anv constituent Constituent means anv in�redient, substance chemical or compound other than tobacco, water or reconstituted tobacco sheet that is added bv the manufacturer to a tobacco product durin�the processin� manufacture or packin� of the tobacco product Such term shall include a smoke constituent. Flavored tobacco aroduct means anv tobacco product or component part thereof that contains a constituent that imparts a characterizin� flavor unless it imqarts onlv the taste or aroma of inenthol, mint or winter�reen. As used in this definition the term "characterizin� flavor" means a distin�uishable taste or aroma other than the taste or aroma of tobacco, imparted either prior to or durin� consumption of a tobacco product includin�, but not limited to, tastes or aromas of chocolate vanilla honev cocoa anv candv, anv dessert, anv alcoholic bevera�e, anv fruit. anv herb and anv spice• provided however, that no tobacco product shall be determined to have a characterizin� flavor solelv because of the use of additives or flavorin�s or the provision of in�redient information. A public statement or claim made or disseminated bv the manufacturer of a tobacco product, or bv anv person authorized or permitted bv the manufacturer to make or disseminate such statements or claims, that a tobacco product has or produces a characterizin� flavor shall establish that the tobacco product is a flavored tobacco rop duct. 1 Self service merchandising means open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, or tobacco related devices, without the assistance or intervention of the licensee or licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco or tobacco related device between the customer and the licensee or employee. Self service method means a method of sales of tobacco or tobacco related devices whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, or tobacco related device, and no physical exchange of the tobacco or tobacco related device occurs between the customer and the licensee, or an employee or agent of the licensee. 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; 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 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. Tobacco products means ' , , , , , , , , , , , , , , , , ; ; ; ; ; , , , , ; ; ; ; ; ; ; , , , . . ' ' � tobacco as defined in this section and any electronic delivery device as defined in Minn. Statute Section 609.685. Tobacco products shop means a retail establishment with an entrance door opening directly to the outside that derives �e-�f-ia� at least ninety (90) percent of its gross revenue from the sale of tobacco products, loose tobacco, plants, or herbs and cigars, 2 cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor,food, or restaurant license. Tobacco related devices mean any tobacco product as well as a pipe, rolling papers or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, ingesting, absorbing, or smoking of tobacco or tobacco products. Vending machine means a mechanical, electric or electronic device, regardless of locking mechanism which is used for the purposes of dispensing tobacco or tobacco related devices. Section 2. That Section 281.45 of the above-entitled ordinance be amended to read as follows: 281.45. AA�e#�ed-e# Restrictions on sales of�iga�et�es tobacco products. (a) No person shall sell cigarettes in any manner other than by the package or multiples thereof to which a stamp has been affixed in accordance with Minnesota Statutes 297.03, Subd. 1. (b) Self-service methods of sales and self service methods of inerchandising tobacco, tobacco products or tobacco related products as defined in section 281.15 of this Code, shall be prohibited. (c) Every person applying for a license to sell tobacco products at retail shall certify on the annual license application that the person has implemented a training program for employees regarding laws related to the sale of tobacco products and has trained all employees to comply with state and federal laws and/or regulations regarding the sale of tobacco products. (d) Self service restrictions shall not apply to�e�a�i�tobacco products shops�n�k�e � „{{;,.,. „f i�,.,...�„� -,.,,� ,. ..� .. _� (e) No operator or emalovee of a tobacco aroducts shoa shall allow permit or suffer anv person voun�er than ei�hteen (18) vears of a�e to enter or be present upon the licensed premises. It shall be the dutv of the operator and operator's emplovees to identifv and ascertain the a�e of anv such person and to refuse admittance to anv person voun�er than ei�hteen (18) vears of a�e. 3 (f) No person shall sell, offer for sale. �ive awav, barter, exchan�e or otherwise deal in flavored tobacco products or samples of such products. This subsection does not applv to tobacco products shops and shall become effective September 1 2015. � No person shall sell, offer for sale, or otherwise distribute ci�ars in ori�inal packa�es containin�three (3) or fewer ci�ars for a sale price, after anv coupons multipack or buv- one-�et-one promotions or anv other discounts are applied and prior to applicable sales taxes bein� imposed, of less than two dollars and sixtvi cents (52.60) per ci�ar contained within. In addition, no person shall sell, offer for sale, or otherwise distribute ci�ars in ori�inal packa�es of four (4) or more ci�ars for a sale arice after anv coupons multipack or buV-one-�et-one promotions or any other discounts are applied and prior to applicable sales taxes bein� imposed, of less than ten dollars and fortvi cents ($10.40) per packa�e. This subsection shall become effective September 1 2015. 4 Minneapolis strengthens law on selling flavored tobacco and cigars - City of Minneapolis Page 1 of 1 Minneapolismn.gov Minneapolis strengthens law on selling flavored tobacco and cigars Today the City of Minneapolis changed an ordinance regulating tobacco products to protect young people's health by restricting the places where flavored tobacco products can be sold and by making cigar products more expensive. The ordinance goes into effect Jan. 1. It will: • Restrict the sale of flavored tobacco to tobacco-product shops and set a minimum age of 18 to enter these shops. The flavor restricrion applies to all flavored (fruit,candy, etc.) tobacco products except menthol including cigars, chew, electronic cigarette "e-juice"liquid, and shisha used in tobacco pipes. Flavored products'availability will go down from 420 to 25 stores. Gas stations, convenience stores,bars and liquor stores will still be allowed to sell all menthol-flavored tobacco products,cigarettes and non-flavored tobacco products. • Set a minimum price of$2.60 per srick for cigar products,which currently sell for as litde as three for 99 cents.Young people are more price sensitive than adults. With the same flavoring as candies such as Jolly Ranchers and Kool Aid, flavored tobacco can make it easier for young people to become addicted.Tobacco is still the leading cause of preventable death,and most smokers start before they're 18 years old. Flavored tobacco has the same addictive qualities and health effects as regular tobacco. Nicotine, found in electronic cigarettes,may cause lasring harm to brain development and promote addicrion. The ordinance began with efforts from the Minnea�olis Youth Congress, Find more information about what Minneapolis is doing to protect young people from tobacco. Published Ju110,2015 Connect with the City �� 01997-2016 City of Minneapolis,MN http://www.ci.minneapolis.mn.us/newslWCMS 1 P-143782 2/5/2016 "S4.T � �w �S�Y °�'�.��, City of Saint Paul 51tW stiKelogg Bouleva d �� ;�o �� , Phone:651-266-8560 r:i il��€�Ii a ' � y d� e��' �, ,>' Yf�` i8°' `�'��' Legislation Details (With Text) ��.,��,:,:�� File#: Ord 15-57 Version: 2 Name: Type: Ordinance Status: Passed In control: City Council Final action: 1/6/2016 Title: Amending Chapter 324 of the Legislative Code pertaining to flavored tobacco and making amendments to comply with state statute. Sponsors: Dai Thao, Chris Tolbert, Russ Stark, Amy Brendmoen, Dan Bostrom, Dave Thune Indexes: Code sections: Attachments: 1. Campaign for Tabacco Free Kids-Ltr of Support, 2. Clear Way MN Letter of Support, 3. Model Cities Support Letter- Flavored Tobacco Ordinance, 4. Rainbow Health Initiative - Ltr of Support, 5. Crave the Change - Ltr of Support, 6.ANSR- Ltr of Support, 7. MMA- Ltr of Support, 8. AALF-HWG - Ltr of Support, 9.Am. Cancer Society CAN - Letter of Support, 10. Twin Cities Medical Society- Ltr of Support, 11. Blue Cross Blue Shield - Letter of Support, 12. Minnesota Department of Health, 13. CHSAC Letter of Support signed, 14. Goldsmith letter of support for tobacco ordinance, 15. Support for Tobacco Ordinance, 16.AHA- Ltr of Support, 17. Hughes- Email of Opposition, 18. Nicotine Tob Res-2015-Shiffman, 19. Christopher Berg, 1501 Rose St, La Crosse WI -email of opposition, 20. Dreher-support email, 21. Safi-opposition email, 22. SA Letter of Opposition, 23. ClearWay Study- Ecigarette Prevalence, 24. ClearWay Study-ScienceDaily Article, 25. ALA-Past-President-Charles- Connor-Letter, 26. Cancer Research UK, 27. Products-Data Briefs-Number 216-September 2015, 28. Smoking Cessation and Beliefs, 29. Rutgers Study-Smoking Cessation, 30. MNVA Submission - St, 31. Downing - Ltr of Opposition, 32. MN Cancer Alliance-Letter of Support, 33. Stier-email, 34. MNAAP- Ltr of Support, 35. O'Rourke-Opposition email, 36. O'Rourke-attachment WSJSiegeIOPED (2), 37. O'Rourke-attachment Public Health England, 38. O'Rourke-attachment PHE Joint Letter, 39. O'Rourke-attachment E-cigarettes save lives The Spectator(2), 40. MDH - Ltr of Support,41. CLUES- Ltr of Support, 42.AICAF-flavored tobacco 11.17 Ltr of Support, 43. Allina Health - United Hospital Ltr of Support, 44. Various Opposition emails,45. Ord. 15-57-Opposition email, 46. MN Academy of Family Physicians Ltr of Support, 47. NBCC Opposition Ltr Ord 15-57, 48. Hansen email -support, 49. Montagne Ltr of Support, 50. Holiday Companies Letter of Opposition Date Ver. Action By Action Result 1/11/2016 2 Mayor's Office Signed 1/6/2016 2 City Council 11/18/2015 2 City Council 11/12/2015 1 City Council 11/4/2015 1 City Council Amending Chapter 324 of the Legislative Code pertaining to flavored tobacco and making amendments to comply with state statute. SECTION 1 Chapter 324. - Tobacco Sec. 324.01. - License required. City of Saint Paul Page 1 of 7 Printed on 1/19/2016 v�-F.�� r�F<�slar�,.•. File#: Ord 15-57, Version: 2 (a) No person shall sell or offer for sale at retail within the city any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delive_ry �roduct or in any manner represent or hold himself or herself out as one who sells or offers for sale at retail any tobacco, kobacco-related device, electronic delivery device, or nicotine or lobelia delivery product or maintain a tobacco vending machine for the sale of tobacco, tobacco-related devices, electronic delivery devices,_or nicotine_or lobelia delivery products without a license. (b) A tobacco vending machine may be located in a public accommodation, provided that: (1) All tobacco vending machines shall be operable only by the activation of an electronic switch operated by an employee of the establishment before each sale, or by insertion of a token provided to the purchaser by an employee of the licensee; and (2) The machine shall be located in the immediate vicinity, plain view and control of a responsible employee so that all tobacco purchases will be readily observable by that employee. The tobacco vending machine shall not be located in a coatroom, restroom, unmonitored hallway, outer waiting area or similar unmonitored areas. The tobacco vending machine shall be inaccessible to the public when the establishment is closed. (c) Any license issued pursuant to this chapter shall be issued to the person, firm or corporation that operates the principal business at that address. Each vending machine shall be required to have a separate license. (d) No license may be issued pursuant to this chapter for a location or place of sale if a tobacco license previously issued for that location or place of sale has been revoked for any reason other than nonpayment of license fees within the past five (5)years, subject to the following exceptions: (1) Notwithstanding subdivision (d), a license may be issued if the new applicant: a. Currently holds another tobacco license in the city; b. Has held the license for at least five (5) years; and c. The license: 1. Has not been subject to adverse action within the past two (2) years; 2. Has been subject to no more than one(1)adverse action within the past five(5)years; and 3. is not the subject of any pending adverse actions. (2) Notwithstanding subdivision (d), a license may be issued if the new applicant is otherwise able to demonstrate at least five (5) years of previous experience operating a tobacco retail establishment in a law-abiding manner in the State of Minnesota. In considering an application made pursuant to this subsection, the factors to be considered by the council include, but are not limited to: a. Any adverse or disciplinary actions against any business licenses held by the applicant in the previous five (5)years; and b. Any violations of the law related to operating a retail establishment, committed by the applicant in the previous five (5) years, regardless of whether any criminal charges have been brought in connection therewith. (3) Any license granted pursuant to subpart (d)(1)or(d)(2) must be approved by the affirmative vote of no less than five (5) members of the council. (Code 1956, § 366.02; Ord. No. 17714, § 1, 2-20-90; C.F. No. 94-341, § 1, 4-13-94; C.F. No. 97-314, § 1, 4-20 -97; Ord 15-12, § 1, 4-22-15) Sec. 324.02. - License for each location or vending machine. A license shall permit the licensee to sell tobacco, tobacco-related devices,electronic d�liv__er�c_deyices, or City of Saint Paul Page 2 of 7 Printed on 1/19/2016 �',^.�r�F<,i"t>y E F�;�sta3r,�>., File#: Ord 15-57, Version: 2 nicotine or lobelia_delivery_�roducts at retail at the one (1) location specified in said license, and a separate license shall be required for each location or tobacco vending machine. (Code 1956, § 366.05; C.F. No. 94-341, § 2, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.03. - Definitions. The following words and phrases, as used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those cases where the context clearly indicates a different meaning: (1) Ci�ar means any_roll of tobacco that is_wrapped in_tobacco leaf, or in any other substance containin�tobacco, with or without a tip or mouthpiece, that is not a ci�arette_as defined in Minn. Stat. � 297F.01, subd. 3, as may be amended from time to time. ��e pa�eF a� eiga�e#�e �e� �..;� a� fr�l�des a� �a�eF e# e#�ie� �staaEe sf m^+o,�;�„�- � (2) Electronic delivery device m�ans any product containin� or �eliv�ring nicotine, labelia, or any other substance intended for human consum�tion that can be used b�a person to simulate smoking in the delivery of nicotine or any other substance throu�h in_h_alation of va�or from__the_�roduct. Electronic delivery device includes an� com�onent_�art of_ a p[oduct__whether or not marketed or_sold separately.__Electronic delivery_device does not include an�_�roduct__that__has been a��rov�d or certified b�r the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence_�roduct, or for other medical_�ur�oses, and__is marketed__and sold. fQr_sueh an approved qurpose. (3) Flavored product means a_ny tobacco product, tob��co_related device_electronic delivery device, or nicotine or lobelia_delivery_�roduct that_contains a_taste or smell other than the taste or smell of tobacco, menthol, mint, or wint�r�reen, that is distin�c uishable_b�an_or_dinar�r.consumer either prior to or during the consum�tion qf the tobacco_�roduct,_eleetronic_deliver�r device, or nicotine_or lobelia delivery product, including, but__not limited_to_an�r_taste_or smell relatin� to chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic bevera�e,_herb,or�ice, A�ublic statement or claim� whether express or implied, made or disseminated by the manufacturer of a_tobacco product, tobacco -related device, electronic delivery device, or nicotine or_lobelia_delivery product, or by any �erson authorized or permitted by the manufacturer to make or disseminate �ublic statements concernin� such product or device, that the product or device has or produces_ a taste or_smell other than tobacco, menthol,_mint, or winter�reen, shall constitute �resumptive_evidence that the product_or device is a flavored product. (4) Nicotine or lobelia deliverX_�roduct_means_any_�roduct_containi� or deliverin� nicotine_or lobelia intended for human consum�tion, or any part_of such a�roduct_that is_not_a_tobacco �roduct or_an electronic delivery device as_defined_in this section _Nicotine_or lobelia deliver� �roduct_does_not include any product that_has been a��roved_or otherwise certified_for le�al_sale by the United States Food and Drug Administration for sale as a_tobacco-cessation_p_roduct, aS a_tobacco-d�endence product, or for other medical purposes and is marketed and sold for such an a�proved purpose �5 Sale means and includes any transfer, conditional or otherwise, of title or possession. (6�) Sale at retail means and includes all sales except those where the merchandise is sold for the purpose of resale by a person principally engaged in selling merchandise for resale. (74) Tobacco or_tobacco �roduct_means any products 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, little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and City of Saint Paut Page 3 of 7 Printed on 1/19/2016 :<<; �r,a�� File#: Ord 15-57, Version: 2 sweepings of tobacco, and other kinds and forms of tobacco.�asee +r�slt�es �'�^�,�mT:� "'� �g e� del+ver�g r�isa#+�e #e� �e �ese� e# I+ser�si�g ar�d fe�la�ie� �e� #�+s sk�a�eF Tobacco products 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. (8�) Tobacco-related devices means cigarette papers, e� pipes for smoking, or other dev__ices intentionally desi�ned or intended__to_ be used___in__a_ manner_which_enables_the chewing, sniff_in�, _smokin�, or inhalation of vapors of tobacco or tobacco�roducts. Tobacc�-related_.devices include com�onents_of tobacco-related devices which may be marketed or sold separatel rL. (96) Tobacco vending machine means a machine for vending tobacco, tobacco-related__ devices, electronic delivery devices, or nicotine or_lobelia deliyery de_v_ices by the insertion of mone�r, tokens, or other form of�aymenta-seir�. {� Si�a��ea�s a� feN e#teb�c-se ##a� is�e� +a te�asse�ea€; e�+a a�e#�ef s�bs#a►�e�g �e�asse; av+�# af avi#�et�� a #+� e� ��,��}hr� ##�a� is � a siga�e�te a� de#i�ed +� Mir�a: �ta�s:, � ��F.n� ��ha•" ., � .,ao,� " (Code 1956, § 336.01; C.F. No. 94-341, § 3, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 10-1014, § 1, 10-13-10; Ord 13-8, § 1, 4-24-13; Ord 14-34, § 1, 8-27-14) Sec. 324.04. - Fee and duration. The annual license fee for each location of sale or each tobacco vending machine shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. The license shall expire one (1) year from the date of issuance during each calendar year. The annual license fee shall be prorated for licenses in force less than a full year. (Code 1956, § 336.03; Ord. No. 17386, § 1, 8-19-86; C.F. No. 92-1930, § 1, 1-14-93; C.F. No. 94-341, §4, 4- 13-94; C.F. No. 95-1271, § 1, 11-8-95; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.05. -Application. In addition to any other information required by the director, the applicant shall state the true name of the applicant, the name under which he or she shall conduct his or her business, whether such business is that of an individual, sole trader, firm, partnership, or corporation, and the address where such business is to be conducted, Any person applying for more than one (1) license shall file with the department of safety and inspections a list of all locations of sale and/or the location of each vending machine for which license applications are being filed. Any change in the location of the place of sale shall be reported to the director within five (5) days of said change. (Code 1956, § 336.04; C.F. No. 94-341, § 5, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 07-149, § 81, 3- 28-07) Sec. 324.06. - License to be displayed. The license shall be displayed by the licensee in a prominent and conspicuous place at the licensed location e# t�►e tebae�e �er-�+r�g �as#i�e te �e �er�se�. In the case of a tobacco vending machine, the operator shall. also affix his or her name, address and telephone number in a conspicuous place on each machine. (Code 1956, § 336.06; C.F. No. 94-341, § 6, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.07. - Sales prohibited. (a) No person shall sell a cigarette outside its original packaging containing health warnings satisfying the requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20) City of Saint Paul Page 4 of 7 Printed on 1/19/2016 <�e:;4` k, t� ta! File#: Ord 15-57, Version: 2 cigarettes. (b) 1�e�e�se��a�l sell ef d+spense e�ga�e�te�a�e�Eiga�e�#e�a�per-�#fe�a�ea�+�g�ae�ii�e e�a r�ete� �e#fe-I� No person shall sell or dispense tobacco, tobacco-related _dev_ices, electronic delivery devices, or nicotine or lobelia delivery devices from a motor vehicle or other movable place of business. (c) No person shall sell tobacco�tobacco-related devices, electronic deli_v_er�devices,or_nicotine or lobelia delivery products from vending machines unless the vending machines are in a facility that cannot be entered at any time by persons younger than eighteen (18) years of age. (d) No person shall offer for sale tobacco, tobacco-related devices,_electronic delivery.devices, or nicotine or lobelia delivery productssia�e�aper��e�s;e��i�es#e�sr�el�i�� in any open displays which are accessible to the public without the intervention of a store employee. This restriction shall not apply to retail stores which derive at least ninety (90) percent of their revenue from tobacco and tobacco-related devices, �e ��sigare�te �� e��ipes#e��gand where the retailer ensures that no person younger than eighteen (18) years of age is present, or permitted to enter, at any time. (e) No�erson shall sell, ofFer for sale,_o_r_otherwise distribute__cLgars in_original_ ap cka�es cQntaining three (3) or fewer cigars for a_sale_�ric��after_an�.cou_qons�_multi�ack or_�-one-get-one�romotions_or any other discounts are applied and�rior to a�licable sales taxes_being imposed,_of less than_two dollars and sixty cents ($2.60� �er cigar__contained within. In_addition, no_�erson shall_sell�.offer for sale, or otherwise distribute ci�ars in ori�inal packages of f4ur (4) or more cigars for_a sale price, _after an_y coupons, multi�ack_or buy-one-�et-one promotions, or any other discounts are applied and prior to applicable sales taxes bein� imposed, of less than ten dollars.and fort�r cents �$10.40� �er packa�e,_�Je pefse�shall seN-;e#ef#e�sale;ef dis#�t�#e a s+�gle s+gaF��less##e e�gaf+s seld+r�a�►er�gi�al�e e# {� ��is�estr�st+er�s�all�a�F�#e at��ale;e#e��e�eN;e��+s��ie+�e#a si�gle e+�a�#�a�#as a retail �+ce �fea�ef ##�a� #�ue �ella�s a�d #e�� e�s f$��-A� be#e�e #�e ad�i�ie� e# sales �a� e� e# a� �� {-� . (f) No�erson shall sell,o_ffer for sale,_or otherwise_distribute�_flavored_�roducts.This_restriction shall not a�ply to retail stores that_derive at least nine�_�90� percent_of their_revenue from the sale of tobacco �roducts, tobacco-related devices, electronic deliver�r_devices�or nicotine or_lobelia delivery_�roducts and where the retailer ensures that no�erson under_e�hteen_�_18_) years_of_a�c e is permitted to enter, at_an� time. � Sale to minors prohibited. (1) Whoever sells or furnishes tobacco,e�tobacco-related devices�electronic deliyer�devices,.or nicotine or lobelia delivery products to a person under the age of eighteen (18) years is guilty of a misdemeanor for the first violation. Whoever violates this section a subsequent time within five (5) years of a previous conviction ��#�ii-s sec�+er�e��:�ta��ar��5 is guilty of a gross misdemeanor. (2) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in Minn. Stat. $ �es�ie►� 340A.503, subd_+e+s+s�6. (hg) Exceptions. (1) Notwithstanding section (ge), individuals exempted under Minn. Stat$. § 609.685 are also exempt from this section. (2) The penalties in this section do not apply to a person under the age of eighteen (18)years who purchases or attempts to purchase tobacco, e� tobacco-related devices, electronic deliver�devices, or nicotine or lobelia �roducts_while under the direct supervision of a responsible adult for training, City of Saint Paul Page 5 of 7 Printed on 1/19/2016 x<a �-ri;>�� C�ttcrrT„' File#: Ord 15-57, Version: 2 education, research, or enforcement purposes. (i#) Any violation of this chapter shall subject the licensee to provisions of chapter 310 and section 324.11 of the Saint Paul Legislative Code. (Code 1956, § 336,07; Ord. No. 17714, § 1, 2-20-90; C.F. No. 94-341, § 7, 4-13-94; C.F. No. 97-314, § 1, 4-20 -97; C.F. No. 06-872, § 1, 10-11-06; C.F. No. 10-1014, § 2, 10-13-10; Ord 13-8, § 2, 4-24-13; Ord 14-34, § 2, 8-27-14) Sec. 324.08. - Distribution of free tebasse products prohibited. No person in the business of selling or promoting tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products or agent or employee of such person shall distribute �ebasse any products free to any person on the sidewalks, pedestrian concourses, pedestrian malls or pedestrian skyway systems within the City of Saint Paul. (Code 1956, § 336.08; Ord. No. 17714, § 1 2-20-90; C.F. No. 92-1930, § 2, 1-14-93; C.F. No. 94-341, § 8, 4- 13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.09. - Use of false identification by minors prohibited. No person under the age of eighteen (18) years shall purchase tobacco, ef tobacco-related devices, electronic delivery_devices,_or nicotine or lobelia deliyer�C�roducts as t#ese#er+�s afe de#ir�ed�AA+�:�#a#:� 689:6�5; s��+�s+e� a{a� ar�d -�{�-} using a driver's license, a Minnesota identification card, or other form of identification which is false, fictitious, altered or counterfeited as to age or any other material fact of identification. Use of false identification to purchase tobacco, e� tobacco-related dev__ices, ele�tronic_deliver� devices, or nicotine or lobelia deliverv products is a misdemeanor. (Ord. No. 17733, § 1, 5-8-90; C.F. No. 94-341, § 9, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; Ord 13-8, § 3, 4-24 -13) Sec. 324,10. - Use of tobacco prohibited. No person under the age of eighteen (18) years shall purchase, use or possess tobacco, ef tobacco-related devices, electronic delivery devices, or nicotine or.lobelia deliver� �roducts, as ##ese �s a�e de�+r�ed � AAf�n: �ta�s-; � 68�� eas �{a3 a�d -�-(-�} Possession of tobacco, e� tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products by a minor is a petty misdemeanor. (Ord. No. 17733, § 2, 5-8-90; C.F. No. 94-341, § 10, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; Ord 13-8, §4, 4- 24-13) Sec. 324.11, - Presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the amount of fines, length of license suspensions and the propriety of revocations. These penalties are presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons which make it appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as follows: Type of Violation ppearance 1 st 2nd 3rd 4th (1) Sale e�-tebasee to a minor $200.00 $400.00 $800.00 fine Revocati fine fine suspension on City of Saint Paul Page 6 of 7 Printed on 1/19/2016 �:��k> t�tE .�... - File#: Ord 15-57, Version: 2 (c) Fines payable without hearing. Notwithstanding the provisions of section 310.05(I), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the department of safety and inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (d) Computation of time. (1) Second, third and fourth appearances. A second violation within twenty-four(24)months shall be treated as a second appearance, a third within twenty-four (24) months treated as a third appearance, and a fourth within twenty-four (24) months treated as a fourth appearance for the purpose of determining the presumptive penalty. (2) Any appearance not covered by subsections (1)above shall be treated as a first appearance. Measurement of the twenty-four (24) month period shall be as follows: The beginning date shall be the earliest violation's date of appearance before the council, and the ending date shall be the date of the new violation. In case of multiple new violations, the ending date to be used shall be the date of the violation last in time. (Ord. No. 17733, § 3, 5-8-90; C.F. No. 94-341, § 11, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 02-898, § 1, 11-6-02; C.F. No. 07-149, § 82, 3-28-07; Ord. No. 11-114, § 1, 12-28-11) SECTION 2 This ordinance shall take effect and be in force ninety (90)days following its passage, approval, and publication. City of Saint Paul Page 7 of 7 Printed on 1/19/2016 . ..,t>y ;;a�.,.. St. Paul prohibits flavored tobacco at most stores Business owners said the move will hurt bottom line, push customers to other cities By Jessie Van Berkel Star Tribune JANUARY 6, 2016 — 10:05PM � ��0�3� �� Carlos GonzalezBlueberry-flavored cigarillos were for sale at the Highland Park BP station in St. Paul.The city has prohibited the sale of flavored tobacco products, except at specialty stores that get at least 90 percent of their revenue from tobacco Cherry chewing tobacco and chocolate cigarillos soon will be a thing of the past in gas stations and convenience stores in St. Paul. The city followed Minneapolis' lead on Wednesday by prohibiting the sale of flavored tobacco products, except at specialty stores that get at least 90 percent of their revenue from tobacco. St. Paul also is increasing cigar prices for the second time in two years. "It's going to send a strong message to the tobacco industry that their intent to appeal to kids is not going to be tolerated," Council Member Dai Thao said. Traielle Godfrey, 17, who lives on the city's East Side, told the council that he has friends who are younger than 18 who buy flavored tobacco at corner stores. He said keeping such products — sold in such flavors as kiwi-strawberry and bubble gum — away from kids will save many people from struggling with addiction. But business owners lashed out against the change,saying it would hurt their bottom line and push customers to other cities. There are already enough protective measures in place to prevent children from getting the products, several store managers said, noting that they keep tobacco behind checkout counters and require identification to purchase it. "It goes back to the adults and parents smoking around them"that really influences youth tobacco use, said Brian Henderson,who manages a BP on Randolph Avenue. "The kids don't see it at the store and say, 'Gee, I want to smoke one."' Henderson said the store's flavored products, including cherry chewing tobacco and grape and blueberry flavored cigarillos, do not make up a significant amount of its income. But he estimates that at least three in five customers buy some type of tobacco product when they visit the station,and he's worried that Wednesday's decision is an indicator of future City Council limitations on tobacco sales. "Them taking the liberty away— and down the road what could that mean?" Henderson said. The ordinance will cause the average Holiday station store in St. Paul to lose$50,000 a year, Holiday spokesman Steve Rush said. Meanwhile,the ban is likely to benefit owners of specialty tobacco stores. Shoppers who previously went to gas stations to pick up flavored products will now come to his shop, said Maher Safi,who runs a shop called Midway Smokes. Nonetheless, he opposes the change.The ordinance includes other rules that he said will impact his shop. It increases the minimum price to$2.60 for each cigar sold in packages with three or fewer cigars, up from the$2.10 minimum that the city had imposed on single cigars in 2014. It also sets a $10.40 minimum cost on packages of four or more cigars. "Eventually,what's going to happen is customers will go to other cities," Safi said, where they can buy a cigar for 89 cents. The ordinance also limits sales of flavored electronic cigarettes. E-cigarette proponents said this could end up harming the health of people who rely on the flavored vapor to wean themselves off tobacco cigarettes. The ban — which does not include menthol, mint or wintergreen flavors — will take effect in April. �, � r�� ;r� �"�� '"rw� ,�-��- . , .�� :.. Brian Henderson estimates that at least three in five customers buy some type of tobacco product at the BP he manages. RELEVANT LINKS: 5. City ordinances licensing sale of tobacco and tobacco-related products "';°".sta� �46�.�9. Cities may regulate the sale of these new forms of tobacco the same way they have always regulated traditional cigarettes, cigars, snuff and chew via a local licensing ordinance. Cities should review their licensing ordinance in light of the Tobacco Modernization and Compliance Act of 2010. Cities may need to amend their ordinance's terms and definitions section to mirror the new expanded definitions. A city wishing to adopt an ordinance licensing the sale of tobacco and tobacco-related devices must give general notice of the intent to adopt or amend a tobacco ordinance, and must give retailers 30 days' written notice of the time, place, and subject matter of the meeting where the proposed ordinance or amendments are to be considered. A tobacco licensing ordinance, whether adopted by the county or the city, must contain at least the following provisions: M+nn.s�ac.e a6� �z. . Establish an administrative hearing system where an alleged violator has the right to be heard before a designated hearing officer or panel (which could be the city council) and where a fine, instead of a criminal penalty, could be imposed for violating the ordinance. State law establishes a schedule of fines. • Provide for and conduct at least one unannounced compliance check each year. M�nn.s�a�.§��i.is. . Prohibit self-service(vending machines) sales of individual cigarette packages, tobacco-related devices, electronic delivery devices, and nicotine and lobelia delivery products, except in establishments that prohibit minors, and in establishments that derive at least 90 percent of their revenue from the sale of tobacco. m�nn.stTc.s a�i ��,sUba �. The ordinance may establish a licensing fee sufficient to cover the costs of enforcing the above provisions. K. Tear gas Mn,n s�a�.�6z4�3�,suha. rally, those over 16 y ars of age may possess and use an authorized 3. tear gas und from a aerosol container to defend themselves or their property. M+nn.srdt a�;za�3 ounds, to �. impose a licens and qu lification btaining a license, !� the duratio icenses, and to estrict the numbe 'censes. The local rning body may establ' h the grounds, notice, a ring procedures for revocation of licenses i ued. League of Minnesota Cities Handbook for Minnesota Cities 11/25/2015 City Licensing Chapter 11 �Page 40 City of Golden Valley Tobacco License Holders January 1, 2016 - December 31, 2016 Establishment Address AM Star Gas Station 9405 Medicine Lake Road Down in the Valley 8020 Olson Memorial Hwy Feist Automotive Group 1875 Lilac Drive N Golden Valley Country Club 7001 Golden Valley Rd Golden Valley Holiday Store #3520 600 Boone Avenue Golden Valley Liquor Barrel 7890 Olson Memorial Highway Holiday Station Store 7925 Wayzata Blvd J J's Clubhouse 6400 Wayzata Blvd KKS Inc - Potpourri Gifts 5500 Wayzata Blvd#LL120 Schuller's Tavern 7345 Country Club Drive SuperAmerica#4443 1930 Douglas Drive SuperAmerica#4497 6955 Market Street Walgreens Company#13841 2500 Winnetka Ave N Walgreens Company#430 5695 Duluth Street § 6.34 Section 6.34.: Tobacco Subdivision 1. Purpose and Intent Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minnesota Statutes § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study "Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medical professionals in these medical journals: 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, W), "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. Subdivision 2. Definitions Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. Compliance Checks: The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance Checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and Golden Valley City Code Page 1 of 9 § 6.34 federal laws. Compliance Checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. B. 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 definition shall not be considered individually packaged. C. 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 fifty percent (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. D. Loosies: The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than two dollars ($2.00) per cigar. E. Minor: Any natural person who has not yet reached the age of eighteen (18) years. F. Moveable Place of Business: Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. G. Nicotine or Lobelia Delivery Devices: Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this Section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. H. Retail Establishment: Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. I. Sale: Any transfer of goods for money, trade, barter or other consideration. Golden Valley City Code Page Z of 9 § 6.34 J. Self-Service Merchandising: Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self- service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. Source: Ordinance No. 462, 2nd Series Effective Date: 7-30-11 K. Smoking: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. For the purpose of this Section, the definition of smoking includes the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device as defined in Minnesota State Statute 609.685, Subd. 1. L. Tobacco or Tobacco Products: Tobacco and tobacco products includes cigarettes, e-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; 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 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. M. Tobacco-Related Devices: Tobacco-related devices includes any tobacco product as well as a pipe, e-cigarette, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. Source: Ordinance No. 554, 2nd Series Effective Date: 5-14-15 N. Vending Machine: Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Golden Valley City Code Page 3 of 9 § 6.34 Subdivision 3. License A. License Required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. B. Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery 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 City 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. C. 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 City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City 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 City Council's decision. D. Term. All licenses issued under this Section shall be valid for one (1) calendar year from the date of issue. E. Revocation or Suspension. Any license issued under this Section may be revoked or suspended as provided in Subdivision 13. F. 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 City Council. G. 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. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. I. 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 thirty (30) days but no more than sixty (60) days before the expiration of the current license. Golden Valley City Code Page 4 of 9 § 6.34 J. Issuance as Privilege and Not a Right. The issuance of a license issued under this Section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. K. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Subdivision 4. 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 established by the City Council and adopted by ordinance, and may be amended from time to time. Subdivision 5. Basis for Denial of License A. Grounds for denying the issuance or renewal of a license under this Section include but are not limited to the following: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. 3. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding twelve (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. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. B. 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. C. 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. Subdivision 6. Prohibited Sales It shall be a violation of this Section for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: Golden Valley City Code Page 5 of 9 § 6.34 A. To any person under the age of eighteen (18) years. B. By means of any type of Vending Machine. C. 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 premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. D. By means of Loosies as defined in Subdivision 2. E. 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. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. F. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subdivision 7. Self-Service Sales It shall be unlawful for a licensee under this Section to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those 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 tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices at the time this Section is adopted shall comply with this Section within ninety (90) days following the effective date of this Section. Subdivision 8. Responsibility All licensees under this Section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery 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 clerk to whatever penalties are appropriate under this Section, state or federal law, or other applicable law or regulation. Golden Valley City Code Page 6 of 9 § 6.34 Subdivision 9. Compliance Checks and Inspections 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, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those 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, if any exists, for which he or she is asked. Nothing in this Section 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. Subdivision 10. Other Illegal Acts Unless otherwise provided, the following acts shall be a violation of this Section: A. Illegal Sales. It shall be a violation of this Section for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. B. Illegal Possession. It shall be a violation of this Section for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (B) shall not apply to minors lawfully involved in a compliance check. C. Illegal Use. It shall be a violation of this Section for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device D. Illegal Procurement. It shall be a violation of this Section for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Section for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (D) shall not apply to minors lawfully involved in a compliance check. E. Use of False Identification. It shall be a violation of this Section for any minor to attempt to disguise his or her true age by the use of a false form of Golden Valley City Code Page 7 of 9 § 6.34 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. Subdivision 11. Exceptions and Defenses Nothing in this Section shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery 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. Subdivision 12. Severability If any Section or provision of this ordinance is held invalid, such invalidity shall not affect other Sections or provisions which can be given force and effect without the invalidated Section or provision. Subdivision 13. Violations and Penalty A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Section the person shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). Source: Ordinance No. 462, 2nd Series Effective Date: 7-30-11 B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine of five hundred dollars ($500) and suspend the license for not less than five (5) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine of seven hundred fifty dollars ($750) and suspend the license for not less than fifteen (15) consecutive days. 3. Third violation within twenty-four (24) months. The Council shall impose a civil fine of one thousand-dollars ($1,000) and suspend the license for not less than thirty (30) consecutive days. Golden Valley City Code Page 8 of 9 § 6.34 4. Fourth violation within twenty-four (24) months. The Council shall revoke the license for at least one (1) year. Source: Ordinance No. 474, 2nd Series Effective Date: 12-16-11 C. Administrative Penalty Procedures. Notwithstanding anything to the contrary in this Subdisivision 13: 1. Any of the administrative civil penalties set forth in this Subdivision 13 that may be imposed by the Council, may in the alternative be imposed by an administrative citation under City Code, Section 2.90. 2. If one (1) of the foregoing penalities is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within ten (10) business days of receipt of the notice or such right shall terminate. Source: Ordinance No. 565, 2nd Series Effective Date: 7-31-15 D. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. E. Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statutes section 340A.503. F. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subd. 12. Subdivision 14. Violation a Misdemeanor Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Source: Ordinance No. 462, 2nd Series Effective Date: 7-30-11 Golden Valley City Code Page 9 of 9 § 10.67 Section 10.6�: Smoke Free Environment Subdivision 1. Findings and Purpose The inhalation of secondhand tobacco smoke has been documented as hazardous to human health by the American Medical Association, the U.S. Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the U.S. Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program, and the World Health Organization. Therefore, the purpose of this Section is to: A. Protect the public health, safety, and welfare of citizens by increasing the ability of all citizens to breathe safe and uncontaminated air; B. Affirm that the necessity to breathe safe and uncontaminated air takes priority over the desire to smoke; and C. Protect vulnerable populations including employees, children, the elderly, and those with chronic health conditions. Subdivision 2. Definitions For the purposes of this Section, the following terms are defined as follows: A. Food Establishment: Any establishment, however designated, engaged in the preparation or serving of food for consumption either on or off the premises; or anywhere consumption of food occurs on the premises. B. Liquor Establishment: An establishment that has an On Sale 3.2 percent malt liquor license issued pursuant to Minnesota Statutes Section 340A.403, as amended from time to time, or an On Sale intoxicating liquor license issued pursuant to Minnesota Statues Section 340A.404, as amended from time to time. C. Other Person in Charge: The agent of the Proprietor authorized to perform administrative direction to and general supervision of the activities within a public place or place of work at any given time. D. Place of Work: Any location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any location where two or more individuals gratuitously perform service for which individuals are ordinarily paid. Examples of a place of work include, but are not limited to an office, a public conveyance, a factory, a warehouse, or a similar place of work. Golden Valley City Code Page 1 of 4 § 10.67 E. Proprietor: The party, regardless of whether the party is owner or lessee of the place of work or public place, who ultimately controls, governs, or directs the activities within the place or work or public place. The term does not mean the owner of the property unless the owner ultimately controls, governs, or directs the activities within the public place. The term "Proprietor" may apply to a corporation as well as an individual. F. Public Place: Any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities other than public schools, hospitals, nursing homes, auditoriums, arenas, meeting rooms, and common areas of rental apartment buildings. Source: Ordinance No. 310, 2nd Series Effective Date: 3-31-05 G. Smoking: The inhaling, exhaling, or combustion of any pipe, cigarette, cigar, tobacco product, weed, plant, or any other similar article. Smoking includes possessing or carrying a lighted pipe, cigarette, cigar, or any other lighted smoking equipment. For purposes of this Section, the definition of smoking includes the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device as defined in Minnesota State Statute 609.685, Subd. 1. Source: Ordinance No. 554, 2nd Series Effective Date: 5-14-I S Subdivision 3. Smoking Restrictions A. Smoking is prohibited in the following locations: 1. Public places and places of work, including both indoor and outdoor dining areas of liquor and food establishments; 2. Within twenty-five (25) feet of entrances, exits, open windows, and ventilation intakes of public places and places of work; 3. Within twenty-five (25) feet of any outdoor dining area at any liquor or food establishment; and 4. Public parks and recreation facilities. B. Exceptions. The prohibitions of this Section shall not apply to the following: 1. Private residences; 2. Privately rented sleeping rooms in hotels and motels; 3. Locations where smoking is expressly authorized by State or Federal law or rule; Golden Valley City Code Page 2 of 4 § 10.67 4. Motor vehicles; and 5. The use of tobacco as part of a recognized religious ritual, activity, or ceremony. Subdivision 4. Responsibilities of Proprietors The proprietor or other person in charge of a public place, place of work, liquor establishment, or food establishment shall: A. Post "No Smoking" signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0500 as amended from time to time; B. Ensure that ashtrays, lighters, and matchbooks are not provided in areas where smoking is prohibited; C. Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, take the appropriate action to remove the person from the premises. Appropriate action shall include calling the Golden Valley Police Department for assistance. D. Failure to comply with this Subdivision shall constitute grounds for revocation of any food, liquor, or other business license held by the establishment. Subdivision 5. Retaliation Prohibited No person or employer shall discharge, refuse to hire, or in any manner retaliate against, any employee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke-free environment afforded by this ordinance or other law. Subdivision 6. Private Prohibitions Nothing in this Section prevents the proprietor or other person in charge of any place, including, without limitation, any residence, motor vehicle, or outdoor space, from prohibiting smoking in any such place. Subdivision 7. Employees' Rights Preserved An employee who consents to work in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Subdivision 8. Other Laws This Section is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statues, Sections 144.411 to 144.417, as amended from time to time. Nothing in this ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws. Golden Valley City Code Page 3 of 4 § 10.67 Subdivision 9. Severability If any portion of this Section is held invalid, the remaining provisions shall be considered severable and shall be given effect to the maximum extent possible. Subdivision 10. Effective Date The provisions of this Section shall become effective March 31, 2005. Source: Ordinance No. 310, 2nd Series Effective Date: 3-31-OS Golden Valley City Code Page 4 of 4