12-09-19 PC AgendaREGULAR MEETING AGENDA
1. Call to Order
2. Approval of Agenda
3. Approval of Minutes
a. November 25, 2019, Regular Planning Commission Meeting
4. Public Hearing – CUP Amendment
Applicant: Home Health Care Plus, Inc.
Address: 800 Boone Avenue North
Purpose: To modify an existing condition that limits the use of Boone Ave for loading, unloading,
and parking of busses and vans
5. Discussion – Narrow Lots
6. Discussion – Tobacco Sales Restrictions
Short Recess--
7. Council Liaison Report
8. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning
Appeals, and other meetings
9. Other Business
10. Adjournment
December 9, 2019 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 7 pm by Vice-Chair Johnson.
Roll Call
Commissioners present: Rich Baker, Adam Brookins, Andy Johnson, Lauren Pockl, Ari Prohofsky, and
Ryan Sadeghi
Commissioners absent: Ron Blum and Chuck Segelbaum
Staff present: Planning Manager Jason Zimmerman
Council Liaison present: Steve Schmidgall
Approval of Agenda
MOTION made by Baker, seconded by Pockl, to approve the agenda of November 25, 2019, as submitted
and the motion carried unanimously.
Approval of Minutes
MOTION made by Brookins, seconded by Sadeghi, to approve the October 28, 2019, and November 12,
2019, minutes as submitted and the motion carried unanimously.
Public Hearing – Major PUD Amendment
Applicant: John Gabbert
Address: 1801 Noble Drive
Purpose: To subdivide properties within an existing PUD and incorporate some portions of adjacent
properties
Staff announced that the applicant was requesting that the public hearing be delayed until additional
stormwater information could be provided.
MOTION made by Baker, seconded by Pockl, to table the agenda item to a future Planning Commission
meeting and the motion carried unanimously.
New Business – Site Plan Review
Applicant: Webb Golden Valley, LLC
Address: 5410 Wayzata Boulevard
Purpose: To apply development standards and other City requirements to a parking lot
reconfiguration
November 25, 2019 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
UNAPPROVED
City of Golden Valley Planning Commission Regular Meeting
November 25, 2019 – 7:00 pm
2
Zimmerman introduced the agenda item and explained that it only requirds review by the Planning
Commission and does not go on to the City Council. He provided an overview of the site and highlighted
the planned updates to the parking lot which would result in the creation of 41 spaces. He noted that
because the building was not being modified, there were limited opportunities to evaluate the site
against the standards of the I-394 Mixed Use development standards.
Zimmerman pointed to the development standard that requires screening of parking from view of the
public street and stated that the existing row of trees along Turners Crossroad appears to provide
adequate screening.
He then reviewed the City requirements for off-street parking. He noted that there is an absence of curb
and gutter along the east edge of the parking lot near the Global Pointe senior building and that while
new traffic islands have been installed, there is one area where the island is painted rather than raised.
He said staff would like to better understand if truck movements preclude a raised island in that location.
He noted that a number of landscaped islands are shown on the plan, but that based on City
requirements roughly five more should be included. He also asked for calculations to show that the new
plan meets the four percent standard for landscaped area.
Zimmerman said a snow storage and/or removal plan must be submitted to the City and that additional
pedestrian provisions were needed to create clear access from the north parking lot to the building. He
noted that the Building Official had some questions about the location of the accessible parking and that
bicycle parking for 19 bicycles would need to be installed.
Finally, he asked for calculations documenting the amount of impervious surfaces on the site, explained
that the Fire Department will require protection around the hydrant along the alley, and demonstrated
that seven parking spaces are shown as being located within the City’s right-of-way and must be
removed from the plan if a permit is not obtained. He noted that Stormwater, Right-of-Way, and Utility
permits will be required before work begins and will ensure these items are addressed.
Johnson asked for confirmation that the Commissioners should only be reviewing items related to the
parking lot. Zimmerman agreed. Baker asked about vacant parcels to the west of the site. Zimmerman
explained that the City’s Housing and Redevelopment Authority owned one while MnDOT owned the
other. Baker asked if they could be used to provide additional parking and perhaps paved with pervious
materials. Zimmerman stated that City staff was not yet completely comfortable with pervious pavement
as it still needed to be tested over a period of time.
Brookins asked if the variance was approved. Zimmerman said it was approved and the review for the
Commission should be focused on the items related to site design. Baker asked if the south parking lot
should also be screened from I-394. Zimmerman pointed out that an elevation change prevented views
of the parking lot from the highway. Bakers asked why curb and gutter is required. Zimmerman
explained that it helps to capture stormwater runoff and direct it to catch basins where it can be treated.
Baker asked about the function of traffic islands. Zimmerman pointed out that they help guide traffic, UNAPPROVED
City of Golden Valley Planning Commission Regular Meeting
November 25, 2019 – 7:00 pm
3
especially in the winter when snow covers the painted lines, and provide space for shade trees and
infiltration.
Sadeghi asked if any of the entry points into the businesses were relocating. Zimmerman said no, they
were remaining in the same locations. Pockl asked if there were any challenges around obtaining the site
permits. Zimmerman said likely not, but that staff needed a better understanding of how much of the
site was going to be disturbed because there are thresholds that could trigger additional water quality
treatments.
Brookins asked if the site was in compliance with respect to the amount of impervious surface.
Zimmerman said it was unlikely that the site was compliant now, but that it would become more
compliant with the changes being proposed. Baker asked several questions to understand how the
parking situation evolved to the point where there was a parking shortage compared to the City’s
minimum parking standards.
Doug Feickert from Framework Architects, representing the applicant, addressed the Commission and
pointed out that the main effort of the owner was to provide additional parking spaces for large events.
He stressed the balancing act he was facing in terms of adding more green space which would create
more disturbed areas which would in turn reduce the amount of parking available and work contrary to
the objectives of the owner.
Brookins asked about the vacant lots to the west of the property. Feickert acknowledged that he had a
discussion with staff about utilizing these areas but the focus at this time was on a smaller project rather
than a larger reworking of the site. He also mentioned the possibility of vacating the alley in order to
return the land to the adjacent property owners. Baker asked how often the alley is used by the tenants
in the buildings to the east. Feickert stated that up to this point it has mostly been used for construction
traffic.
Johnson asked if there were any reactions to the staff report. Feickert said he would need to speak with
the owner, but he knows they will try to maintain as many spaces as possible. He said the one island that
was not proposed to be raised was due to truck movements and that this could be demonstrated to staff
with a diagram. Pockl asked if parking spaces would be lost if the island was raised. Feickert said likely
not, but spaces would be lost if other landscaped islands would need to be added. Pockl noted that
based on the minimum number of spaces required there would not be a shortage even if a few spaces
were lost. Feickert agreed. Pockl asked about the location of the accessible spaces. Feickert replied that
the grades on the site may have pushed the spaces further from the door but that he would work with
the Building Official to make sure they are located correctly.
Pockl asked for clarification on if the Commission was approving a plan or simply giving guidance to staff.
Zimmerman replied that the language in the code states that the Commission should approve the plan,
but that they are free to provide direction to staff to work with the applicant to reach agreement on
various issues within certain parameters. Baker stated that the product at this point is not a final site
plan and that he was concerned about approving something that wasn’t complete. Zimmerman said UNAPPROVED
City of Golden Valley Planning Commission Regular Meeting
November 25, 2019 – 7:00 pm
4
there were two options – approve the current plan with direction to staff on priorities in certain areas, or
give feedback and then have a revised plan be brought back in front of the Commission for approval.
Pockl said she preferred the second option; Baker agreed. Brookins pointed out there was an
opportunity to think big and think long-term and do the plan correctly.
Zimmerman asked if there were certain areas that the Commissioners felt were higher priority. Sadeghi
asked that the dumpster be carefully screened and that pedestrian safety be a priority. Pockl stated she
was interested in understanding the necessary truck movements so that any raised islands could be
added. Baker agreed that safety was critical and that he was less concerned about the aesthetics of the
parking lot. Brookins stated that sidewalk access to the building was important and that he would like to
understand the status of all other zoning requirements. Sadeghi encouraged the applicant to consider
using the vacant parcels and/or the alley to help improve the entrance to the site. Baker agreed.
Johnson offered language directing staff to “finalize recommendations with options defined when
business goals can’t be achieved due to code limitations. In particular, provide a long-term design that
improves the relationship between interior landscaping, traffic flow, sidewalks, and safety. Consider
improved dumpster screening and alternate uses of alley and other land.”
MOTION made by Baker, seconded by Brookins, and the motion carried unanimously to ask staff to
continue working with the applicant to revise the site plan using the guidance provided by the
Commission and to return with a finalized plan at a future meeting.
--Short Recess--
Council Liaison Report
Schmidgall updated the Commission on a number of items that have been before the Council, including
the Solid Waste Collection Policy (Waste Hauling), the 2020 Pavement Management Program discussion
regarding street width, the Conditional Use Permit that was approved for Borton Volvo, the progress of
the Council Chamber remodel, a discussion on Restricted Covenants, and an update on the planned
Bassett Creek Regional Trail.
Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning
Appeals, and other meetings
No other reports were discussed.
Other Business
Baker asked that an email that the Commissioners had received regarding the narrow lot topic be
included in the record. Zimmerman stated that all of the emails and letters received as part of the
various discussions would be collected by staff and included with the materials for the public hearing.
UNAPPROVED
City of Golden Valley Planning Commission Regular Meeting
November 25, 2019 – 7:00 pm
5
Adjournment
MOTION made by Pockl, seconded by Brookins, and the motion carried unanimously to adjourn the
meeting at 8:27 pm.
________________________________
Adam Brookins, Secretary
________________________________
Jason Zimmerman, Planning Manager
UNAPPROVED
1
Date: December 9, 2019
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Amend Conditional Use Permit (CU-119) Modifying the
Condition Regarding the Use of Boone Avenue North
Property address: 800 Boone Avenue North
Applicant: Home Health Care Plus, Inc. Property owner: ProPartners Group, LLC
Zoning District: Light Industrial Lot size: 151,713 sq. ft. (3.5 acres)
Current uses: Adult day care, home health care Future Land Use: Light Industrial
Adjacent uses: Industrial, light industrial, office (north, west, south); multi-family residential (east)
2018 aerial photo (Hennepin County)
2
Summary
The operators of the adult day care located at 800 Boone Avenue North are requesting an
amendment to the current Conditional Use Permit (CUP) in order to modify a condition that
prohibits the use of Boone Ave for loading, unloading, and parking of vehicles related to the adult
day care business.
Background
The existing CUP was amended by the City Council in November of 2018. At that time, based on
concerns regarding safety and visibility along Boone Avenue, a condition was approved that
requires all loading, unloading, and parking of vans and buses to take place in the parking lot and
not on Boone Avenue.
In September of 2019, staff observed buses parked on the east side of Boone Ave and loading
and unloading clients of the adult day care. A letter was sent to the property owner reiterating
the condition that had been approved. In response, the operators of the adult day care indicated
they were unaware of this restriction and had not been notified or included in the decision when
it made. Due to what they see as a critical aspect of their site operations, they have applied for a
CUP amendment in order to revise the condition and to allow loading and unloading to continue
along the east side of Boone Ave.
Proposal
The adult day care facility operates from 8 am to 4:30 pm on weekdays. In addition to on-site
services, two busses and 22 vans transport individuals to and from their homes daily as well as to
and from other locations in the surrounding communities. When these busses and vans are not in
use, they park in the parking lot located to the south and east of the building. This lot not only
serves the adult day care, but also provides 77 spaces for the home health care business that
operates out of the north portion of the building. Two busses and five to ten vans typically
remain in the parking lot overnight.
The applicant has indicated that there are three groups of clients that utilize different portions of
the property. Two groups of roughly 175 individuals enter and depart from the front (west)
entrance on Boone Avenue. There are typically 65-67 trips per day that use this entrance. A third
group of 66 individuals utilizes a side (southeast) entrance within the parking lot. There are
typically 20-22 trips per day that use this entrance.
Because of the lack of accessible accommodations at the southeast entrance, its smaller size, and
where—within the building—the three groups are located for the rest of their day, the applicant
has stressed the importance of maintaining the use of Boone Ave for loading and unloading
rather than conducting this activity on-site as the current condition requires.
Boone Ave is scheduled to be modified for on-street bike lanes in 2020. Installation of these
bicycle facilities would require the removal of on-street parking on both sides of the road. In
response to this challenge, the applicant has offered two possible modifications to the front yard
3
in order to allow loading and unloading of clients to take place without interfering with the bike
lanes.
Option A would consist of an “indented curb” that would allow busses and vans to wait alongside
of the travel lanes of Boone Ave – the paved surface would be extended into the front yard of the
property. Option B would create an “onsite drive” that would require two additional curb cuts
but would allow busses and vans to pull up closer to the front entrance to the building. Both
options would introduce new impervious surfaces to the front yard of the property. (See
attached plans for diagrams of both options.)
Zoning Considerations
Parking
Based on the number of clients the adult day care is licensed to serve and the square footage of the
home health care offices that share the building, it appears the parking lot in its current
configuration has a sufficient number of parking spaces to meet the minimum requirements of the
City Code. [Sec 113-151, Subdiv (c)]
Use Requirement Existing Conditions Spaces Required
Adult Day Care 1 space per 5 clients 350 clients 70
Office 1 space per 250 sq ft 16,605 sq ft 67
Total Required 137
Existing Spaces 155
Staff also believes there are inefficiencies in the layout of the parking lot and it is likely additional
parking spaces could be created with the implementation of a new circulation and parking plan.
Setbacks
In a Light Industrial zoning district, the City Code requires that the front yard setback (the first 35
feet from the street right-of-way) be maintained as a landscaped green area. No parking or drive
aisles (except for driveway access from the street) is permitted within this area. [Sec 113-151,
Subdiv (b)(9)(a)(1)]
Engineering Considerations
The Engineering Division has reviewed the application and has the following comments and
concerns:
Traffic Conflicts
Staff has concerns regarding potential conflicts with users of Boone Ave (vehicles, bicycles, and
pedestrians), due to the offsets of adjacent driveways as well as the large volume of vehicles
potentially pulling off of and onto Boone Ave during peak hours. Both proposed options create
the possibility of excessive queueing that could result in busses and/or vans spilling out beyond
the “indented curb” or “onsite drive” and creating issues within the travel lanes.
4
Stormwater Management
A majority of the property is covered by impervious surfaces and currently has no runoff volume
control, rate control, or water quality treatment. There are properties and infrastructure in this
area of Bassett Creek that are at risk of flooding. Staff has concerns about adding more
impervious surfaces to this site without addressing runoff and stormwater management.
Maintenance
Staff has concerns regarding the long term maintenance of the “indented curb” option as it
would require coordination with the City in terms of street sweeping and snow removal.
Evaluation
Staff is not supportive of either proposed option to modify the front yard of the property to
provide off-street loading and unloading of clients for the adult day care. The removal of
landscaped green area would be in violation of the requirements of the zoning chapter, would
create additional impervious surfaces that would likely amplify existing flood risks along Bassett
Creek, and would create potential traffic conflicts with others using Boone Ave.
Given the planned removal of parking from Boone Ave with the installation of on-street bike
lanes in 2020, staff believes that the applicant would best be served by providing an area to load
and unload on-site – likely directly to the south of the building. While there appear to be parking
spaces in excess of what is required by City Code, concerns raised by the applicant over the loss
of spaces could likely be alleviated with a reexamination of the existing circulation and parking
patterns.
In opposing the suggested changes to the CUP that would allow loading, unloading, and parking on
Boone Ave, staff finds that the modifications to the existing CUP would create additional impacts
that could not be satisfactorily mitigated. Staff offers the following findings opposing the amended
CUP:
Factor Finding
1. Demonstrated Need for Proposed Use Standard met. The applicant has
demonstrated that there is a need for adult
day care by successfully operating two facilities
in Golden Valley.
2. Consistency with the Comprehensive Plan Standard met. The Future Land Use Map
guides the site for long-term light industrial
use. Adult day care centers, through a
conditional use permit, are consistent with
that land use designation.
5
3. Effect upon Property Values Standard met. The removal of the existing
permit condition would likely not negatively
impact property values in the area.
4. Effect on Traffic Flow and Congestion Standard not met. Clients utilizing the daycare
generally arrive via bus or van, reducing the
number of individual trips made to and from
the facility. However, the proposal to allow
loading, unloading, and parking on Boone
Avenue poses problems related to traffic flow
and congestion that cannot be adequately
mitigated.
5. Effect of Increases in Population and
Density
Standard met. The use does not significantly
impact the general population of the area,
though the adult day care business does
temporarily impact the daytime population.
6. Compliance with the City’s Mixed-Income
Housing Policy
Not applicable.
7. Increase in Noise Levels Standard met. Minimum noise is generated by
the busses and vans transporting clients. Past
complaints of noise generated by large events
and evening and nighttime use of the property
have been mitigated by conditions included in
permit.
8. Generation of Odors, Dust, Smoke, Gas, or
Vibration
Standard met. No such problems are
expected.
9. Any Increase in Pests or Vermin Standard met. No such problems are
expected.
10. Visual Appearance Standard not met. Removal of landscaped
green space within the font yard setback in
order to construct off-street queueing areas
for busses and vans would negatively impact
the appearance of the property and could not
be adequately mitigated.
11. Other Effects upon the General Public
Health, Safety, and Welfare
Standard not met. Impacts to the City and its
residents, in the form of new traffic conflicts
and an increased risk of flooding due to
6
additional impervious surfaces, would be
anticipated under an amended permit.
Recommended Action
Based on the finding that three of the eleven standards for evaluating a CUP would not be met,
staff recommends denial of an amended Conditional Use Permit 119 modifying the condition
regarding the use of Boone Avenue North.
Attachments
Location Map (1 page)
Conditional Use Permit No. 119, Amendment #3 (2 pages)
Project Narrative (3 pages)
Plan Set submitted October 25, 2019 (5 pages)
SUBJECT PROPERTY
Top 3 inches reserved for recordina data)
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 119, Amendment#3
Date of Approval: December 18. 2018, by the City Council in accordance with
Section 113-55 (b) and Section 113-93 of City Code
Issued To:DRAM Properties (David Olshansky)
Approved Location: 800 Boone Avenue North, Golden Valley, MN
Approved Conditional
Use: To allow for an adult daycare use in the Light Industrial
Zoninq District
Legal Description: Lot 9, except the North 350 feet of the East 186.69 feet
thereof and further excepting the North 375.15 feet of said
Lot 9 lyina West of the East 186.69 feet thereof; Also that
part of Lot 11, lying North of a line parallel with and distant
635.15 feet south of the North line of said Lot 9, aforesaid;
All in Busch's Golden Valley Acres, Hennepin County,
Minnesota
Check here if al1 or part of the described real properly is Registered(Torrens)
Conditions of Approval:
1. The adult day care shall be limited to the number of clients specified by the
Minnesota Department of Human Services.
2. All necessary licenses obtained by the Minnesota Department of Human Services
and the Minnesota Department of Health shall be kept current.
3. The hours of normal operation for the adult day care shall be from 7 am to 5:30
pm, Monday thru Friday.
4. The adult day care facilities shall not be used for any activities that are not
permitted in the Zoning Code.
5. All vans and buses shall be Ioaded, unloaded, and parked in the parking lat and
shall not be loaded, unloaded, or parked on Boone Avenue. No vans or buses
Page 2 of 2 Conditional Use Permit
may be parked in the angled parking stalls or in the first 21 perpendicular stalls
located south of the building along the drive aisle.
6. No alcohol shall be served or distributed on-site without first obtaining the proper
license or permit.
7. All outdoor trash and recycling containers shall be screened in a manner
acceptable to the Physical Development Department.
8. The applicant shall provide an on-site bicycle rack allowing parking for a minimum
of five bicycles.
9. The requirements found in the memo to Mark Grimes, Director of Planning and
Zoning, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011, shall
become a part of these requirements.
10. This approval is subject to all other state, federal, and local ordinances,
regulations, ar laws with authority over this development.
This permit does not exempt the property owner or occupant from compliance
with all provisions of city code, or any other applicable regulations, laws, and
ordinances.
City of Golden Valley, a Minnesota municipal corporation
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B/.
J on ' erman, Planning Manager
State of Minnesota
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County of Hennepin
This instrument was acknowledged before me on; er• 2019, by
Jason Zimmerman Planning Manager of the City of olden Iley, a municipal
corporation.
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SUE SCHWALBE
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THIS INSTRUMENT WAS DRAFTED BY:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
763) 593-8000
B11 BUETOW 2 ARCHITECTS, INC.
Project Narrative
October 23, 2019
Application for an Amendment to Conditional Use Permit CUP-119
800 Boone Avenue North
Golden Valley, Minnesota 55427 B2#1923
Legal Description of this Property
Property ID: 31-118-21-13-0003 BUSCHS GOLDEN VALLEY ACRES
LOT 9 EXCEPT THE NORTH 350 FEET OF THE EAST 186.69 FEET THEREOF AND FURTHER
EXCEPTING THE NORTH 375.15 FEET OF SAID LOT 9 LYING WEST OF THE EAST 186.69 FEET
THEREOF; ALSO THAT PART OF LOT 11 LYING NORTH OF A LINE LYING NORTH OF A LINE
PARALLEL WITH AND DISTANT 635.15 FEET SOUTH OF THE NORTH LINE OF SAID LOT 9.
AFORESAID; ALL IN BUSCH'S GOLDEN VALLEY ACRES, HENNEPIN COUNTY, MINNESOTA
Facility Description of 800 Boone Avenue North
The building comprises 42,655 square feet of floor area on one floor.
Approximately 60% or 26,050 square feet of the building is utilized to serve Adult Day Care operations.
The Adult Day Care Facility operates from 8:00 AM through 4:30 PM, five days a week (weekdays only).
Services provided include, educational programs, recreation, exercise, nursing services, health monitoring and
dining upon individual and group bases.
A full -service food preparation kitchen is on -premises from which meals are delivered to Adult Clients each day.
Three separate Adult Client Groups are served in different areas of the building. These groups are each diverse
in that their respective cultural backgrounds are identified as, Hispanic, Asian and Eastern European.
175 Adult Clients (2 groups) utilize the Boone Avenue Entrance for entrance into and departure from the
building.
66 Adult Clients (1 group) utilize the Southeast Entrance for entrance into and departure from the building.
2 Busses and 22 Mini -Vans serve to transport individuals and groups of Adult Clients from their individual
places of residence upon a daily basis. These Busses and Mini -Vans park on -site after drop-off until required to
pick-up Adult Clients for the trips back to their individual places of residence. Some Adult Clients are
transported by family members in private automobiles. The daily drop-off and pick-up operations each require
45 minutes in the morning and 45 minutes in the afternoon to achieve their tasks.
Should the Bus and Mini -Van traffic be prevented from continuing to operate on Boone Avenue, the Facility's
recourse would be to utilize the Southeast Entrance. That condition would pose the following problems for all
Adult Day Care operations within the Facility:
The Southeast Entrance is not handicapped accessible.
The Southeast Entrance is smaller in size than the Boone Avenue Entrance. The outcome of ithat use
would require a much longer period of time for Adult Clients to exit Busses and Mini -Vans and to enter
the Facility.
Those 175 Adult Clients would be required to attempt a long, difficult and tiresome walk to through the
building that would also be disruptive to another Adult Day Care Program conducted in the Facility.
Thus, it is essential that the 175 Adult Clients who currently use the Boone Avenue Entrance must continue to
use that entrance.
Proposed Site Modifications:
In order to facilitate safer, more direct and more efficient drop-off and pick-up operations for the adult clients who
are served by this Adult Day Care Facility, the choice of one of two possible modification options is proposed:
Option A Indented Curb -side or Option B On -Site Recessed
The selection of Option A or Option B would improve drop-off and pick-up operations.
Amendment to Conditional Use Permit CUP-119
The Owner is seeking City Site Plan approval of this project by the City of Golden Valley and the City's issuance
of an amendment to Conditional Use Permit CUP-119 in order to proceed with the above improvements.
BUETOW 2 ARCHITECTS, INC. AN ARCHITECTURAL SERVICES COMPANY
2905 DEAN PARKWAY SUITE A MINNEAPOLIS MINNESOTA 55416 TELEPHONE (612) 455-2626
1311 BUETOW 2 ARCHITECTS, INC.
Statement that Proposed Use Conforms to the City of Golden Valley's
s 10 Factors of Evaluation for Conditional Use Permits
October 23, 2019
Application for an Amendment to Conditional Use Permit CUP-119
800 Boone Avenue North
Golden Valley, Minnesota 55427 B2#1923
Section 113-30 of the Golden Valley Zoning Code
The proposed use described in this Conditional Use Permit Application conforms to the following 10 Factors of
Evaluation for Conditional Use Permits as set forth in Section 113-30 of the Golden Valley Zoning Code only
insofar as they pertain to this proposed use on this site.
1) Demonstrated need for the proposed use.
Adult Day Care services and their facilities in Minnesota have been found to be essential to certain groups
of adults who reside in Minnesota. It has also been found that adult day care programs are beneficial to
those adult residents who are able to participate in those programs.
One unique aspect of this program is that it provides its essential services to three diverse groups each with
their own cultural identity and heritage: Hispanic, Asian (Chinese and Vietnamese) and Eastern European.
Most of the adults who are brought to and picked up from this Adult Day Care Facility by this Facility's own
busses and vans, are either aged, infirm, vulnerable or do not have a self -provided means of transportation.
Those adults greatly depend upon the daily service programs, invigorating care and healthy meals that are
currently provided at this Adult Day Care Facility. Thus, it is observed that these adults greatly depend upon
this transportation service.
Furthermore, these adults physically require a ground -level building entrance that provides a direct entry
into and exit from the building. That entry should allow them to readily and safely utilize the provided bus
and van transportation especially in inclement weather. These adults also require that building entry to be
close to the street, handicapped accessible and without the presence of stairs or steps.
2) Consistency with the Comprehensive Plan of the City.
The City's 2040 Comprehensive Plan identifies the property that this Adult Day Cane Facility occupies as
Light Industrial'. This property is also designated as 'Light industrial' in the current City Zoning Map.
This property is utilized as a Light industrial' use (permitted by a Conditional Use Permit).
3) Effect upon property values in the neighboring area.
Surrounding and adjacent land uses are zoned 'Industrial' or 'Light Industrial, are of industrial character
with sites and buildings that house fully enclosed office, manufacturing, assembly and storage functions.
Those functions and their respective land values do not depend upon views of surrounding and adjacent
properties nor are they negatively affected by how the street, grounds, and buildings of surrounding and
adjacent properties are utilized.
Similarly, the functions and land values of surrounding and adjacent land uses are not affected by the site
and public street operations of this Adult Day Care Facility.
BUETOW 2 ARCHITECTS, INC.
continued)
AN ARCHITECTURAL SERVICES COMPANY
2905 DEAN PARKWAY SUITE A MINNEAPOLIS MINNESOTA 55416 TELEPHONE 612) 455-2626
B11 BUETOW 2 ARCHITECTS, INC.
Statement that Proposed Use Conforms to the City of Golden Valley's
10 Factors of Evaluation for Conditional Use Permits
continued)
4) Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area.
The current bus and van traffic that drops -off and picks -up the adult clients who are served by this Adult
Day Care Facility do not adversely affect the street traffic generated on Boone Avenue.
Also, that drop-off and pick-up traffic is provided outside of typical moming and aftemoon "rush-hour" traffic
that occurs in the immediate area.
The provision of an 'indented curb -side' drop-off and pick-up area or an 'on -site recessed' drop-off and pick-
up area would be even less likely to provide an adverse effect to the street traffic of Boone Avenue.
5) Effect of any increases in population and density upon surrounding land uses.
If this question refers to future increases in the population of adults who desire to utilize this adult day care
facility, the response is that the currently -viewed option would be that other, existing or yet -to -be developed
adult day care facilities would have to serve that demand for service. This facility is currently operating at
near capacity.
The effect upon surrounding land uses will be negligible.
6) Compliance with the City's Mixed -Income Housing Policy (if applicable to the proposed use).
Not relevant to this facility.
7) Increase in noise levels to be caused by the proposed use.
The sounds of Busses and Mini -Vans arriving at and leaving from this site are observed to be similar to the
sounds of passing vehicle traffic on Boone Avenue and certainly less than the sounds of passing semi
tractor -trailers that use Boone Avenue to serve adjacent sites.
8) Any odors, dust, smoke, gas, or vibration to be caused by the proposed use.
The vehicle traffic of this proposed use does not generate odors, dust, smoke or vibration any more than
that generated by the typical daily vehicle traffic on Boone Avenue that passes by this facility.
9) Any increase in pests, including flies, rats, or other animals or vermin in the area to be caused by the
proposed use. `
There will not be any such occurrence.
10) Visual appearance of any proposed structure or use.
There is not any effect The exterior of this building is not being altered. The provision of an indented curb
or recessed driveway that would be closer to the facility's entry would improve access to and from the
facility for the Adult Day Care Program's adult users and would make it easier for the facility's bus and van
drivers to look for and to accommodate passing vehicle traffic on Boone Avenue.
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Date: December 9, 2019
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Proposed Adjustments to Narrow Lot Regulations
Summary
The City Council has directed the Planning Commission to engage in discussion around the zoning
regulations for narrow lots (generally those under 65 feet in width and specifically for those 50
feet or less in width) and to propose any recommended changes to help mitigate impacts on
surrounding properties.
At this meeting, staff has invited three individuals from local design/build firms to provide
information to the Planning Commission about the impacts of setback, building width, and height
regulations on the construction of single-family homes on narrow lots. In addition, staff will
provide an overview of lot coverage and impervious surface requirements from peer cities and
discuss issues related to garage design on narrow lots.
Architect/Builder Information
Doug Cutting, of Greenwood Design Build, and Gary Aulik and Charlie Peterson, of Aulik Design
Group, agreed to participate in a discussion with the Planning Commission about the challenges
of building on narrow lots and the potential impacts of increasing setbacks, limiting building
width, and capping height on the layout and floorplans of single-family homes.
Staff asked the architects/builders to consider the following questions:
What are the primary challenges when building a new home on a 40 or 50 foot wide lot?
What are the key building widths to keep in mind for common interior layouts? What
happens to layouts as building width decreases?
What are the design pros and cons when building single-story vs. one-and-a-half or two-
story homes?
Which home types or styles on narrow lots are the most popular in the current market?
How are people utilizing narrow/smaller lot homes to fit their lifestyles?
2
For narrow lots without an alley, what options for car storage exist? How does an
attached garage affect livable space in the home?
Are there design elements that can help reduce impacts on neighboring properties when
homes on narrow lots are close to one another (light, privacy, massing, runoff, etc.)?
Lot Coverage/Impervious Limits
Staff followed up on a past conversation about stormwater management by examining the
requirements around lot coverage and impervious surfaces. In Golden Valley, the maximum
percentage of a lot that can be covered by buildings or structures (lot coverage) increases as the
lot area decreases. The smallest tier (those under 5,000 square feet or roughly a 50 foot by 100
foot lot) allows up to 40% of the lot to be covered. The impervious limit for all single-family lots in
the city is 50%, which includes driveways, walks, patios, and swimming pools in addition to
buildings.
Information from Peer Cities
Staff gathered information about lot coverage and impervious limits for comparison to Golden
Valley’s regulations.
City Maximum Lot Coverage Impervious Limits
Golden Valley 10,000 sq ft or more – 30%
5,000 to 9,999 sq ft – 35%
Under 5,000 sq ft – 40%
50% of lot area
St. Louis Park 35% ---
Robbinsdale --- ---
Crystal --- Rear yard only – 50% to 75% depending on
size of yard
Richfield 35% 45% of lot area
Roseville 50% of lot may be “improved” with paved surfaces, building footprints,
and other structures, but impervious surfaces within this area are limited
to 30%
Edina 9,000 sq ft or more – 25%
Under 9,000 sq ft – 30%
Minneapolis 45% 60% of lot area
Site Design
One area of additional challenge when designing for narrow lots is that of providing adequate
garage space. Golden Valley’s R-1 zoning requires a two car garage be constructed or the
submission of a survey that shows that a conforming two-stall garage could be added. When
building on a narrow lot of 40 feet – using current side yard setbacks of 4 feet and 8 feet – there
are only 28 feet of building width available. Assuming a two car garage uses up at least 22 feet,
that leaves only 6 feet of the façade on which to construct a front entry. The result is a garage
dominated streetscape, especially on a block with many 40 foot lots in a row.
3
The problem can be lessened if the block has an accessible alley since the garage is able to be
located to the rear of the lot. However, only a handful of blocks in the city have alleys.
It should be noted that the updated R-2 zoning district, which has a minimum lot width of 50 feet,
requires only a one car garage and limits the width of a garage on the front wall to 65 percent of
the width of the façade.
Solar Access (Shading)
Residents have expressed concern over the shade created by a new two-story home when it is
constructed adjacent to a lot with a one-story home. Language in Minnesota Statute 462.357
allows cities to regulate access to direct sunlight – but this is limited to sunlight for solar energy
systems (“a set of devices whose primary purpose is to collect solar energy and convert and store
it for useful purposes including heating and cooling buildings or other energy-using processes, or
to produce generated power by means of any combination of collecting, transferring, or
converting solar-generated energy”) and not authorize regulation for access to direct sunlight for
other purposes (such as for enjoyment).
As a result, access to direct sunlight is typically protected only as a byproduct of regulations that
dictate setbacks, height, and overall massing.
Next Steps
As part of the ongoing investigation of narrow lots, Commissioners should keep in mind the
following questions:
1. What are the key takeaways from the information discussed with local architects and
builders?
2. Are the City’s regulations around lot coverage and impervious limits sufficient to allow for
adequate stormwater management? Would strengthening these requirements have a
negative impact on the type of home that could be built on a narrow lot?
3. Should modifications to the zoning regulations around garage sizes be considered for narrow
lots? Are there changes that could be implemented that would result in a more aesthetically
pleasing streetscape?
4. Are there techniques that could be employed to help ensure access to direct sunlight for
properties adjacent to narrow lots?
The Planning Commission is scheduled to hold its next regular meeting on January 13. Depending
on the length of the agenda, a discussion of Narrow Lots may be included. Regardless, a public
forum on the topic has been set for Thursday, January 16, in the Council Chambers.
Communications staff is working to publicize this event as well as to create an on-line survey to
gather comments and feedback on the topic. It is expected that the Planning Commission will
review the results of this event at its regularly scheduled meeting on January 27 and begin
moving towards drafting recommendations for the City Council.
gotltf�II va ey MEMORANDUM Physical Development Department 763-593-8095 / 763-593-8109 (fax)
Date:
To:
From:
Subject:
Summary
December 9, 2019
Golden Valley Planning Commission
Myles Campbell, Planner
Zoning Code Text Amendment -Discussion -Amending Zoning Districts to
Regulate Tobacco Sales
Following their approval of revisions to the City's licensing ordinance regarding tobacco sales, the
City Council has asked staff and the Planning Commission to consider further amendments to the
City's zoning code. Changes to the zoning code would primarily focus on the proximity of
tobacco-based retail stores to one another and from places of assembly. Additionally, Council
requested some exploration into the regulation of signs or advertisement of tobacco goods.
Based on investigation of the zoning codes of other metro cities and in consultation with the City
Attorney, staff is proposing to amend the Commercial zoning district and potentially the Mixed
Use district to create new requirements for tobacco sales.
Background
As part of the 2019 goal setting process, the City Council directed staff to study the issue of
tobacco sales regulation and present options for amending the tobacco licensing ordinance.
The goal for this work is to end up with a more up-to-date City Code that is responsive to the
public health risks posed by tobacco to all residents but especially to children and at-risk
communities. At the same time though, it is also the responsibility of the City to make sure these
amendments do not overly damage business owners trying to conduct and grow their businesses
in the city.
Following this direction, staff conducted several months of research and community
engagement, reviewing ordinances from peer communities and national studies, as well as
collecting resident and business owner to gauge the public interest on stiffening tobacco sales
regulation. The first round of amendments, relating to licensing regulations, were approved at
the Council meeting on October 15, 2019. At the meeting, City Council approved changes to the
City Code regarding the requirements to obtain a license for tobacco sales. Among the changes
approved, some key elements included:
1
2
Updating the definitions to encompass new technology and trends
Prohibiting the sale of flavored tobacco
Prohibiting sales to people under 21 years-of-age
Capping the total licenses to be issued across the city at eight
In addition to the new licensing requirements, the Council was also interested in seeing further
regulations introduced to the zoning code. Through zoning rather than licensing, the City has
options available to help direct the location of businesses based on the allowed land uses or
other considerations such as proximity to schools or places of assembly. Studies into the impact
of local tobacco regulation has shown that a combination of location and licensing regulation
have the greatest impact on limiting youth exposure and initiation in regard to tobacco.
Evaluation
Many communities in the Twin Cities Metro have recently adopted stricter licensing and age
requirements for tobacco sales, such as Edina, Plymouth, St. Louis Park or Mendota Heights.
However, it has so far been less common to see changes made to zoning codes to limit the
density or location of tobacco-related businesses. Both Minneapolis and Saint Paul have
requirements for minimal distance between two tobacco retailers, though neither has a spacing
requirement from schools or other youth-oriented facilities.
Minneapolis Saint Paul
Except in the B4 zoning district, no tobacco dealers
license shall be issued for an establishment
authorized to sell flavored tobacco products
pursuant to section 281.45(f), for a location, the
main entrance of which is within a radius of two
thousand (2,000) feet from the main entrance of
an existing establishment holding a tobacco
dealers license and authorized to sell flavored
tobacco products.
No tobacco products shop shall be located within
one-half (½) mile (2,640 feet) of another tobacco
products shop.
Certain other cities such as Plymouth do not include a requirement to be a certain distance from
other uses, but do restrict tobacco retailers to only certain Commercial zoning districts. Given the
slow rate of adoption for location based regulation of tobacco sales in the region, there is less
available comparative sources for review. Attached to this memo is a model ordinance provided
by the Public Health Law Center. City staff made significant use of this model ordinance in
amending the newly-adopted licensing ordinance, and it will continue to be a good source
moving ahead with zoning. Based on the model ordinance, exiting research, and the work done
last year for firearm sales, staff has identified three main areas of code review.
Permitted Districts
The first and most straightforward use of zoning in the case of tobacco regulation is to determine
which of the City’s zoning districts should allow licensed tobacco retailers. This might also involve
identifying certain zoning districts that might allow licensed tobacco retailers only with certain
3
restrictions, or districts which may allow for retailers via conditional use permit. Commercial and
Mixed Use are the most likely candidates to allow for tobacco retailers to at least some degree.
Proximity Restrictions
A major tool to combat over-densification of tobacco retailers, and one that is underutilized in
the Metro region, is to restrict future retailers based on their proximity to other types of uses
such as schools or from other tobacco retailers. By attaching proximity restrictions to the zoning
of a particular parcel, the City can limit the ability of tobacco retailers to locate near or target
youth populations. The appropriate amount of separation required for each is not an exact
science but is ultimately dependent on how many viable sites are available at the conclusion of
the exercise and if this number is legally defensible.
Site Requirements
A final consideration for the Planning Commission is whether any particular site restrictions make
sense in the case of tobacco retailers.
Summary of Recommendations
Staff would like feedback from the Commission regarding the many options available for
regulating the location of tobacco sales, including limiting possible locations and other use
restrictions. A public hearing will be required at a subsequent meeting.
The key questions that staff feels should guide this discussion would include:
1. Which zoning districts should tobacco sales be allowed in? Is it a permitted use with
restrictions or approved via a conditional use permit?
2. Should the City regulate the density of tobacco retailers (require retailers to be a set
minimum distance apart)?
3. Should the City regulate the location of tobacco retailers (require a minimum distance
from schools, parks, etc.)?
4. What distances should be used in either a density or location regulation to ensure that it
is still possible to locate a tobacco business in the city?
5. What type of site requirements might be applicable to a tobacco-related business?
Attachments
Excerpt from City Council Agenda dated October 15, 2019 (28 Pages)
Excerpt from City Council Minutes dated October 15, 2019 (2 Pages)
Public Health Law Center MN Model Ordinance (22 Pages)
Tobacco Sales Buffer Maps (5 Pages)
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Agenda Item
Golden Valley City Council Meeting
October 15, 2019
6.A. Second Consideration of Tobacco Licensing and Regulation Ordinance
Prepared By
Maria Cisneros, City Attorney
Kris Luedke, City Clerk
Summary
The City of Golden Valley has the authority to license the sale of tobacco and related products in the
City. As part of the 2019 goal setting process, the City Council directed staff to study the issue of
tobacco sales regulation and present options for amending the tobacco licensing ordinance. (See City
Code, Art. VI.)
Staff has spent the last several months studying tobacco sales regulation, discussing the topic with the
City's Public Health Department (Hennepin County Public Health), engaging local tobacco retailers, and
gathering input from residents and other community members.
Through this public input process, the City received extensive input from the community, which is
summarized in a Community Input Report prepared by the Communications Department. The
Community Input Report, Council/Manager meeting agendas and survey results are all available on the
City's website (click here).
At the August 13 and September 10 Council/Manager meetings, the Council reviewed the community
input and directed staff to draft a proposed ordinance incorporating the following new policies:
Updating the definitions to encompass new technologies, nicotine products, and tobacco and
nicotine delivery devices
Prohibiting the sale of flavored tobacco, including menthol, at all retailers
Prohibiting the sale of tobacco at pharmacies
Prohibiting the sale of tobacco to people under 21 and requiring retailers to post signs stating
the legal age requirements
Capping the amount of tobacco licenses issued by the City at 8
Increasing the minimum price for certain tobacco products from $2.00 to $3.00
Prohibiting free samples
Requiring liquid nicotine products to be sold in child proof packaging
Allowing additional compliance checks to ensure compliance with the new legal age
requirements
Updating the licensing requirements, grounds for denial and penalties for violation to more
City Council Regular Meeting Executive Summary
City of Golden Valley
October 15, 2019
2
closely match similar requirements in other licensing sections of City Code
Updating the license application and background check processes to more closely match similar
requirements in other licensing sections of City Code
The first consideration was presented at the October 2, 2019, City Council meeting. (click here) If the
Council adopts the ordinance on second consideration, the new ordinance would be effective after
publication on January 1, 2020. Current license holders would not be affected until the next licensing
cycle.
If the second consideration is adopted, staff recommends the Council approve the attached summary
publication of the ordinance. To approve summary publication the Council must determine that
publication of the title and a summary of the ordinance would clearly inform the public of the intent
and effect of the ordinance.
Financial or Budget Considerations
The new regulations in the ordinance will increase the cost of enforcing tobacco sales regulations in
the City. Specifically, the Police Department will conduct additional compliance checks to ensure
tobacco is not sold to people between 18 and 20 and to ensure no prohibited products (such as
flavored tobacco) are offered for sale. Staff recommends increasing the license fee from $275 to $450
to cover these increased enforcement costs. This increase will be reflected in the proposed 2020 fee
schedule, which is scheduled for consideration at the October 15 and November 6 Council Meetings.
Recommended Action
Motion to adopt second consideration Ordinance #670, Repealing in its Entirety Article VI. Tobacco and
Adding a New Article VI. Tobacco Licensing and Regulation.
Motion to approve Summary of Ordinance #670 for Publication based on the finding that the title and
summary clearly inform the public of the intent and elect of the ordinance.
Supporting Documents
Comparison of Current Tobacco Licensing Ordinance and Proposed Tobacco Licensing Ordinance
15 pages)
Ordinance #670, Repealing in its Entirety Article VI. Tobacco and Adding a New Article VI. Tobacco
Licensing and Regulation (11 pages)
Summary of Ordinance #670 (1 page)
Comparison of Current Tobacco Ordinance
and Proposed Tobacco Ordinance
ARTICLE VI. - TOBACCO
Sec. 16-157. - Purpose and Intent.
Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain,
possess and use tobacco, tobacco productsthe sale of commercial tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery devices, and the sales, possession, and use
are violations of or lobelia delivery products to persons under the age of 18 violates both Statestate and
Federalfederal laws; and because studies, which the City hereby accepts and adopts, have shown that
mostyouth use of any commercial tobacco product has increased to 26.4% in Minnesota; and because
nearly 90% of smokers begin smoking before they have reached the age of 18 years, and that those
persons who reachalmost no one starts smoking after age 25; and because marketing analysis, public
health research, and commercial tobacco industry documents reveal that tobacco companies have used
menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the
agepresence of 18 years without having started smoking are significantly less likely to begin smokingsuch
flavors can make it more difficult to quit; and because studies show that youth and young adults are
especially susceptible to commercial tobacco product availability, advertising, and price promotions at
tobacco retail environments; and because smokingcommercial tobacco use has been shown to be the
cause of severalmany serious health problems which subsequently place a financial burden on all levels
of government;, this article shall beordinance is intended to regulate the sale, possession and use of
commercial tobacco, tobacco products, tobacco-related devices, electronic delivery devices, and
nicotine or lobelia delivery devicesproducts for the purpose of enforcing and furthering existing laws, to
protect minorsyouth and young adults against the serious health effects associated with the
illegaltobacco use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery
devicesand initiation, and to further the official public policy of the State in regardstate to
preventingprevent young people from starting to smoke, as stated in Minn. StatsStat. § 144.391, asitmaybeamended fromtimetotime.
In making these findings, the City Council accepts the conclusions and recommendations of the U.S.
Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The Health
Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use Among Youth and
Young Adults (2012); the Centers for Disease Control and Prevention in their study "studies, Tobacco
Use Among Middle and High School Students — United States, 2011–2015 (2016), and Selected Cigarette
Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," (1998);
and of the following medical professionalsscholars in these medicalscientific journals: Khuder SAChen,
et alJ., "& Millar, W. J., Age at Smoking Onset and Its Effect on Smoking Cessation," Addictive Behavior
24(5):673-7, September-October 1999of smoking initiation: implications for quitting. HEALTH REPORTS,
9(4), 39–46 (1998); D'’Avanzo, B, et al., "La Vecchia, C., & Negri, E., Age at Starting Smoking and Number
of Cigarettes Smoked,"ANNALS OF EPIDEMIOLOGY, 4(6):, 455-59, November 1994; Chen, J & Millar, W J,
Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998–459 (1994);
Everett SA, et alS. A., "Warren, C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett, L. S. Initiation of
Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students,"PREVENTIVE
MEDICINE , 29(5):, 327-33, November 1999–333 (1999); Giovino, G. A., Epidemiology of Tobacco Use in
the United States, ONCOGENE, 21(48), 7326–7340 (2002); Khuder, S. A., Dayal, H. H., & Mutgi, A. B., Age at
Smoking Onset and its Effect on Smoking Cessation. ADDICTIVE BEHAVIORS, 24(5), 673–677 (1999); Luke, D.
A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A., Henriksen, L., Tobacco Town:
Computational Modeling of Policy Options to Reduce Tobacco Retailer Density, AMERICAN JOURNAL OF
PUBLIC HEALTH, 107(5), 740–746 (2017); MINNESOTA DEPARTMENT OF HEALTH, DATA HIGHLIGHTS FROM THE 2017
MINNESOTA YOUTH TOBACCO SURVEY, SAINT PAUL, MN (2018); Tobacco Control Legal Consortium, The
Verdict Is In: Findings from United States v. Phillip Morris, The Hazards of Smoking, University of
California — San Francisco (2006); Truth Tobacco Industry Documents,
https://www.industrydocumentslibrary.ucsf.edu/tobacco/; Xu, X., Bishop, E. E., Kennedy, S. M.,
Simpson, S. A., & Pechacek, T. F., Annual Healthcare Spending Attributable to Cigarette Smoking: An
Update, AMERICAN JOURNAL OF PREVENTIVE MEDICINE, 48(3), 326–333 (2015), copies of which are adopted by
reference.
Code1988, § 6.34(1))
Sec. 16-158. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Child-Resistant Packaging. Packaging that meets the definition set forth in Code of Federal
Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in
accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as
in effect on January 1, 2015.”
Cigar.Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco,
with or without a tip or mouthpiece,which is not a cigarette as defined in Minn.Stat.§ 297F .01, subd. 3, as may be
amended from time to time.
Compliance Checks: The system the City uses to investigate and ensure that those authorized to
sell tobacco, tobaccolicensed products, tobacco-related devices, and nicotine or lobelia delivery
devices are following and complying with the requirements of this article. Compliance checks shall
involve the use of minors as authorized by this article. The term "compliance checks" shall also
meanpersons under the useage of minors21 who purchase or attempt to purchase tobacco,
tobaccolicensed products, tobacco-related devices, or nicotine or lobelia delivery devices for
educational, research and training purposes as authorized by State and Federal laws. Compliance
checks may also be conducted by the City or other units of government for the purpose of for
educational, research, and training purposes, or for investigating or enforcing appropriate Federal,
State or local laws and regulations relating to tobacco, tobaccolicensed products, tobacco-related
devices, and nicotine or lobelia delivery devices. .
Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any other
substance, whether natural or synthetic, intended for human consumption through the inhalation
of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to,
devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank
systems, or under any other product name or descriptor. Electronic delivery device includes any
component part of a product, whether or not marketed or sold separately. Electronic delivery
device does not include any product that has been approved or certified by the U.S. Food and Drug
Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for
other medical purposes, and is marketed and sold for such an approved purpose.
Flavored Product. Any licensed product that contains a taste or smell, other than the taste or smell
of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
consumption of the product, including, but not limited to, any taste or smell relating to chocolate,
cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage,
herb, or spice. A public statement or claim, whether express or implied, made or disseminated by
the manufacturer of a licensed product, or by any person authorized or permitted by the
manufacturer to make or disseminate public statements concerning such products, that a product
has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive
evidence that the product is a flavored product.
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.
Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area of
the vertical planes constituting the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
Licensed Product: The term that collectively refers to any tobacco, tobacco-related device,
electronic delivery device, or nicotine or lobelia delivery product.
Loosies:The common term used to refer to aLoosies means (1) single or individually packaged
cigarette orcigars or cigarettes offered for sale, regardless of whether they have been removed
from their original retail packaging, and (2) any other tobaccolicensed product that has been
removed from its original retail packaging and sold individually. The term "loosies"offered for sale.
Loosies does not include individual cigars with a retail price, after any discounts are applied and
before any sales taxes are imposed, of more thanat least $2.003.00 per cigar.
Minor: Any natural person who has not yet reached the age of 18 years.
Moveable Place of Business: Any form of business operated out of a kiosk, truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address storefront or other
permanent type of structure authorized for sales transactions.
Nicotine or Lobelia Delivery DevicesProduct: Any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco or an
electronic delivery device as defined in this section,. Nicotine or lobelia delivery product does not
includinginclude any product that has been approved or otherwise certified for legal sale by the
United States Food and Drug Administration foras a tobacco use -cessation product, harm
reductiona tobacco dependence product, or for other medical purposes, and is being marketed and
sold solely for that approved purpose.
Pharmacy. A place of business at which prescription drugs are prepared, compounded, or
dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy
services are delivered.
Retail Establishment: Any place of business where tobacco, tobaccolicensed products,
tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general
public. The term "retail establishment" shall include, including, but not be limited to, grocery stores,
tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants, and
drug stores.
Sale: Any transfer of goods for money, trade, barter or other consideration.
Self-Service Merchandising: Open displays of tobacco, tobaccolicensed products, tobacco-related
devices, or nicotine or lobelia delivery devices in any manner where any person shall havehas access
to the tobacco, tobaccolicensed products, tobacco-related devices, or nicotine or lobelia delivery
devices, without the assistance or intervention of the licensee or the licensee's employee. The
assistanceAssistance or intervention shall entailmeans the actual physical exchange of the tobacco,
tobaccolicensed 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.
Smoking: Inhaling or, exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other
lighted or heated tobacco or plant product. The term "smoking" also includes, burning, or carrying
aany lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing,
made, or derived from nicotine, tobacco, marijuana, or other plant product, whether natural or
synthetic, that is intended for inhalation. For the purpose of this article, the definition of smoking
includes the use of electronic cigarettes, including the inhaling and exhaling of vapor from
anySmoking also includes carrying or using an activated electronic delivery device asdefinedinMinn. Stats. § 609.685, subd. 1. .
Tobacco or Tobacco Products: Tobacco and tobacco products includes cigarettes, e-cigarettes and
any. Any product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested
by any other means, or any component, part, or accessory of a tobacco product including but not
limited to cigarettes; cigars; 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. The term "tobacco" excludesTobacco does not include any
tobacco product that has been approved by the United StatesU.S. 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-Related Devices: Includes any tobacco product as well as a pipe, e-cigarette,Device. Any
rolling papers, ashtraywraps, pipes, or other device intentionally designed or intended to be used in
a manner which enables the chewing, sniffing or smokingwith tobacco products. Tobacco related
device includes components of tobacco-related devices or tobacco products. , which may be
marketed or sold separately. Tobacco related devices may or may not contain tobacco.
Vending Machine:. Any mechanical, electric or electronic, or other type of device whichthat
dispenses tobacco, tobaccolicensed 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, tobaccolicensed product or tobacco-related device.
Code1988, § 6.34(2); Ord. No. 462, 2ndSe ries , 7-30-2011; Ord. No. 554, 2ndSe ries , 5-14-2015)
Sec. 16-159. - License.
a) License Required. No person shall sell or offer to sell any tobacco, tobacco products, (a)
tobacco-related device, or nicotine or lobelia delivery devicelicensed product without first having
obtained a license to do so from the City.
b) Application. An application for a license to sell tobacco, tobaccolicensed products, (b)
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 determinedetermines that an
application is incomplete, he/shethey shall return the application to the applicant with notice of
the information necessary to make the application complete.
A business applicant, at the time of application, shall furnish the City with a list of all persons
that have an interest of five percent or more in the business. The list shall name all owners and
show the interest held by each, either individually or beneficially for others. It is the duty of
each business licensee to notify the City Clerk in writing of any change in ownership in the
business. Any change in the ownership or control of the business shall be deemed equivalent to
a transfer of the license, and any such license shall be revoked 30 days after any such change in
ownership or control unless the licensee has notified the Council of the change in ownership by
submitting a new license application for the new owners, and the Council has approved the
transfer of the license by appropriate action. Any time an additional investigation is required
because of a change in ownership or control of a business, the licensee shall pay an additional
investigation fee to be determined by the City. The City may at any reasonable time examine the
transfer records and minute books of any business licensee to verify and identify the owners,
and the City may examine the business records of any other licensee to the extent necessary to
disclose the interest which persons other than the licensee have in the licensed business. The
Council may revoke any license issued upon its determination that a change of ownership of a
licensee has actually resulted in the change of control of the licensed business so as materially
to affect the integrity and character of its management and its operation, but no such action
shall be taken until after a hearing by the Council on notice to the licensee.
c) Action. The City Council may either approve or deny the application for a license, or it may(c)
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 approveapproves 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. If a license application is denied, the earliest an applicant
may reapply is 12 months from the date the license is denied.
d) Term. All licenses issued under this article shall be valid for one calendar year from the date of(d)
issue.
e) Revocation or Suspension. Any license issued under this article may be revoked or suspended(e)
as provided in Section 16-168.
f) Transfers. All licenses issued under this article shall be valid only on the premises for which the(f)
license was issued and only for the person to whom the license was issued. NoThe transfer of any
license to another location or person shall be valid without the prior approval of the City Councilis
prohibited.
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 article.
h)
Display. All licenses shall be posted and displayed in plain view of the general public on the(g)
licensed premises.
i) Renewals. The renewal of a license issued under this article shall be handled in the same(h)
manner as the original application. The request for a renewal shall be made at least 30 days but no
more than 60 days before the expiration of the current license.
j) Issuance Asas Privilege and Not a Right. The issuance of a license issued under this article shall (i)
be consideredis a privilege and not an absolute right of the applicant and shalldoes not entitle the
license 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.
Code1988, § 6.34(3))
State Law reference—Municipallicensingof toba ccogenerally, Minn. Stats. § 461.12.
Maximum Number of Licenses. The number of licenses issued under this section shall be capped at (j)
the number of licenses in place on January 1, 2020. Any decrease in the number of licenses that
occurs after January 1, 2020 due to attrition will decrease the number of available licenses to that
extent until the number of available licenses reaches 8. When the maximum number of licenses
has been issued, the City may place persons seeking licensure on a waiting list and allow them to
apply on a first-come, first-served basis, as existing licenses are not renewed or are revoked. A new
applicant who has purchased a business location holding a valid license will be entitled to first
priority, provided the new applicant meets all other application requirements in accordance with
this ordinance.
Sec. 16-160. - Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee
for a license under this article shall be established by the City Council and adopted by ordinancein the
City fee schedule, and may be amended from time to time.
Code1988, § 6.34(4))
Sec. 16-161. -– Ineligibility and Basis for Denial of License.
a)
Ineligibility.(a)
Pharmacies.No existing license will be eligible for renewal to any pharmacy,including any retail(1)
establishment that operates or contains an on-site pharmacy,and no pharmacy or any retail
establishment that operates an on-site pharmacy will be granted a new license.
Moveable Place of Business. No license shall be issued to a moveable place of business. Only (2)
fixed location businesses shall be eligible to be licensed under this article.
Grounds for Denial. Grounds for denying the issuance or renewal of a license under this article(b)
include, but are not limited to, the following:
1) The applicant is under the age of 1821 years.(1)
The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation (2)
from holding a license.
2) The applicant has been convicted within the past five years of any violation of a Federal,(3)
State, or local law, ordinance provision, or other regulation relating to tobacco,
tobaccolicensed products, tobacco-related devices, or nicotine or lobelia delivery devices.
3) The applicant has had a license to sell tobacco, tobaccolicensed products, tobacco-related (4)
devices, or nicotine or lobelia delivery devices suspended or revoked withinduring the 12
months preceding 12 months of the date of application, or the applicant has or had an interest
in another premises authorized to sell licensed products, whether in the City or in another
jurisdiction, that has had a license to sell licensed products suspended or revoked during the
same time period, provided the applicant had an interest in the premises at the time of the
revocation or suspension, or at the time of the violation that led to the revocation or
suspension.
The applicant is a business that does not have an operating officer or manager who is (5)
eligible pursuant to the provisions of this chapter.
The applicant is the spouse of a person ineligible for a license pursuant to the provision of (6)
Subsections (b)(2) and (3) of this section or who, in the judgement of the Council, is not the
real party in interest or beneficial owner of the business to be operated, under the license.
4) The applicant fails to provide any information required on the application, or provides(7)
false or misleading information. Any false statement on an application, or any willful omission
of any information called for on such application form, shall work an automatic refusal of
license, or if already issued, shall render any license issued pursuant thereto void and of no
effect to protect the applicant from prosecution for violation of this chapter, or any part
thereof.
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)
The City shall conduct a background investigation on all new applications and applications to (c)
transfer a license. The City may conduct a background and financial check on an application for a
renewal of a license if it is in the public interest to do so. 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 article and the City shall provide the person with a notice of revocation, along
with information on the right to appeal.
No license shall be granted or renewed for operation on any premises on which real estate (d)
taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or
unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. ch. 278,
questioning the amount or validity of taxes, the Council may, on application by the licensee,
waive strict compliance with this provision; no waiver may be granted, however, for taxes, or
any portion thereof, which remain unpaid for a period exceeding one year after becoming due
unless such one-year period is extended through no fault of the licensee.
Code1988, § 6.34(5))
Sec. 16-162. - Prohibited SalesActs.
ItIn general.No person shall be a violation of this article for any person to sell or offer to sell any(a)
tobacco, tobaccolicensed product, tobacco-related device, or nicotine or lobelia delivery device:
1) To any person under the age of 18 years.
2)
By means of any type of vending machine.(1)
3) By means of self-service methods whereby the customer does not need to make a verbal or
written request to an employee of the licensed premises in order to receive the tobacco, tobacco
product, 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.
4)
By means of self-service merchandising. (2)
By means of loosies as defined in Section 16-158.(3)
5) Containing opium, morphine, jimson weed, bella donnabelladonna, strychnos, cocaine,(4)
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.
That is liquid, whether or not such liquid contains nicotine, which is intended for human (5)
consumption and use in an electronic delivery device, in packaging that is not child-resistant.
Upon request by the city, a licensee must provide a copy of the certificate of compliance or
full laboratory testing report for the packaging used.
6) By any other means, to any other person, on in any other manner or form prohibited by(6)
Federal, Statefederal, state or other local law, ordinance provision, or other regulation.
Legal Age. No person shall sell any licensed product to any person under the age of 21.(b)
Age verification. Licensees shall verify by means of government issued photographic (1)
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older does not
constitute a defense to a violation of this subsection.
Signage. Notice of the legal sales age and age verification requirement must be posted (2)
prominently and in plain view at all times at each location where licensed products are
offered for sale. The required signage, which will be provided to the licensee by the City, must
be posted in a manner that is clearly visible to anyone who is or is considering making a
purchase.
Flavored Products. No person shall sell or offer for sale any flavored products. (c)
Minimum Cigar Price. No person shall sell or offer to sell any Cigar, sold individually or as a (d)
multi-unit package, and regardless of whether it is within its intended retail packaging, for a sales
price, after any discounts are applied and before sales taxes are imposed, of less than $3.00 per
Cigar.
Smoking Prohibited. Smoking, including smoking for the purpose of sampling of licensed products, is (e)
prohibited within the indoor area of any retail establishment licensed under this ordinance.
Samples Prohibited. No person shall distribute samples of any licensed product free of charge or at (f)
a nominal cost.
Code1988, § 6.34(6))
Sec. 16-163. - – Additional Requirements
Storage. All tobacco, tobaccolicensed products, tobacco-related devices, and nicotine or lobelia (a)
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.
Code1988, § 6.34(7))
Sec. 16-164. - Responsibility.
All licensees under this article shall beare 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, offer to
sell, and furnishing of licensed products on the licensed premises, and the. The sale of an item, offer to
sell, or furnishing of any licensed product by an employee shall be considered a sale byan act of the
license holderlicensee. Nothing in this articlesection shall be construed as prohibiting the City from also
subjecting the clerkemployee to whateverany civil penalties arethat the City deems to be appropriate
under this article, Stateordinance, state or Federalfederal law, or other applicable law or regulation.
Code1988, § 6.34(8))
Sec. 16-165. - 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 twice per year, the City shall conduct
compliance checks. All premises licensed under this subdivision shall be open to inspection by the city
during regular business hours. From time to time, but at least once per year, the City shall conduct
compliance checks by engaging,. In accordance with state law, the written consent of their parents or
guardians, minors overCity will conduct at least one compliance check that involves the participation of
one person between the ageages of 15 years but less than 18 years to enter the licensed premises 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. and 17 and may
conduct an additional compliance check involving one person between the ages of 18 and 20.
No minorperson used in compliance checks shall attempt to use a false identification misrepresenting
the minor'stheir age, and all minors. All persons lawfully engaged in a compliance check shall answer all
questions about the minor'stheir age asked by the licensee or his/hertheir employee, and shall produce
any identification, if any exists, for which he/she isthey are asked. Persons used for the purpose of
compliance checks shall be supervised by law enforcement or other designated personnel. Minors used
for compliance checks shall not be guilty of unlawful possession licensed products when those items are
obtained as a part of the compliance check. Nothing in this article shall prohibit compliance checks
authorized by Statestate or Federalfederal laws for educational, research, or training purposes, or
required for the enforcement of a particular State or Federal law.
Code1988, § 6.34(9))
State Law reference—Comp liancechecks, Minn. Stats. § 461.12, subd. 5.
Additionally, from time to time, the City will conduct inspections to determine compliance with any or
all other aspects of this ordinance.
Sec. 16-166. - Other IllegalProhibited Acts.
Unless otherwise provided, the following acts shall be a violation of this article:
1)Illegal Sales. It shall be a violation of this article for any person to sell or otherwise provide any
tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any
minor.
2)Illegal Possession. It shall be a violation of this article for any minor to have in his/her possession
any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This
subsection shall not apply to minors lawfully involved in a compliance check.
3)Illegal Use. It shall be a violation of this article for any minor to smoke, chew, sniff or otherwise
use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device
4)
Illegal Procurement. It shall be a violation of this article for any minorperson 21 years of age or (a)
older to purchase or, attempt to purchase, or otherwise obtain any tobacco, tobaccolicensed
product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of
this article for any person to purchase or otherwise obtain those items on behalf of a minorperson
under the age of 21. It shall furtheralso be a violation for any person 21 years of age or older to
coerce or attempt to coerce a minorperson under the age of 21 to illegally purchase or otherwise
obtain or useattempt to purchase any tobacco, tobaccolicensed product, tobacco-related device, or
nicotine or lobelia delivery device. This subsection shall not apply to minors lawfully involved in a
compliance check..
5) Use of False Identification. It shall be a violation of this article for any minorperson to attempt to (b)
disguise his/her true age by the use of a falseany form of false identification, whether the
identification is that of another person or one on which the age of the personthat has been
modified or tampered with to represent an age older than the actual age of the person using that
identification.
Code1988, § 6.34(10))
Sec. 16-167. - Exceptions and Defenses.
Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco-related
devices, or nicotine or lobelia delivery devices to a minorany person as part of aan indigenous practice or
lawfully recognized religious, spiritual, or cultural ceremony or practice. It shall be an affirmative
defense to the violation of this article for a person to have reasonably relied on proof of age as
described by Statestate law.
Code1988, § 6.34(11))
State Law reference—De fens es , Minn. Stats. § 461.12, subd. 6.
Sec. 16-168. - Violations and Penalty.
a) Administrative Civil Penalties—Individuals. If a person who is not a licensee is found to have(a)
violated this article, the person shall be charged an administrative penalty as follows:
1) First Violation. The Council shall impose a civil fine not to exceed $50.00.(1)
2) Second Violation Within 12 months. The Council shall impose a civil fine not to exceed(2)
100.00.
3) Third Violation Within 12 months. The Council shall impose a civil fine not to exceed(3)
150.00.
b) Same—Licensee. If a licensee or an employee of a licensee is found to have violated this article,(b)
the licensee shall be charged an administrative penalty as follows:
1) First Violation. The Council shall impose a civil fine of $500.00 and suspend the license for(1)
not less than five consecutive days1 day.
2) Second Violation Within 24 Months. The Council shall impose a civil fine of $750.00 and (2)
suspend the license for not less than 15 consecutive days.
3)Third Violation Within 2436 Months. The Council shall impose a civil fine of $1,000.00 and
suspend the license for not less than 303 consecutive days.
Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 and (3)
suspend the license for not less than 10 consecutive days.
4) Fourth Violation Within 2436 Months. The Council shall revoke the license for at least one(4)
year.
c) Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section:(c)
1) Any of the administrative civil penalties set forth in this section that may be imposed by(1)
the Council, may in the alternative be imposed by an administrative citation under Section
1-9.
2) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall(2)
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 Council, and such notice
must be in writing and must provide that a right to a hearing before the Council must be
requested within 10 business days of receipt of the notice or such right shall terminate.
d) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking(d)
prosecution as a misdemeanor for any alleged violation of this article.
e) Defense. Itisa defens etothechar geof sellingtobaccoortobacco-relateddev icestoapersonunder theageof 18years, thatthelicenseeor individual , inmakingthesale, reasonablyandingoodfaithrelieduponrepresentationofproofofagedescribedinMinn. Stats. § 340A.503.
f) Exceptions. AnIndianma yfurnishtobaccotoanIndian under theageof 18yearsifthetobaccoisfurnished as partofatraditional Indianspiritual orcultural ceremony . Forpurposes ofthissubsection, theterm "Indian" meansapersonwh oisamember ofanIndiantribeas definedinMinn. Stats. § 260.755, subd. 12.
Code1988, § 6.34(13); Ord. No. 462, 2ndSe ries , 7-30-2011; Ord. No. 462, 2ndSe ries , 7-30-2011; Ord. No. 474, 2ndSe ries , 12-16-2011; Ord. No. 565, 2ndSe ries , 7-31-2015)
State Law reference—Administrativepenalties, Minn. Stats. § 461.12, subd. 3; defens es , Minn. Stats. § 461.12, subd. 6.
Sec. 16-169. - Violation a Misdemeanor.
Every person who violates a section, subsection, paragraph or provision of this article, 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.
Code1988, § 6.34(14); Ord. No. 462, 2ndSe ries , 7-30-2011)
Secs. 16-170—16-191. - Reserved.
Sec. 16-169. - Severability.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections
or provisions that can be given force and effect without the invalidated section or provision.
Sec. 16-170 – Effective Date.
This ordinance becomes effective on January 1, 2020.
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ORDINANCE NO. 670
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Article VI. Tobacco and Adding a New Article VI. Tobacco
Licensing and Regulations
The City Council of the City of Golden Valley ordains as follows:
Section 1. City Code, Article VI entitled “Tobacco” is hereby repealed in its entirety.
Section 2. City Code, Article VI is hereby amended by adding a new Article VI. Tobacco
Licensing and Regulation reading as follows:
ARTICLE VI. – TOBACCO
Sec. 16-157. - Purpose and Intent.
Because the City recognizes that the sale of commercial tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of
18 violates both state and federal laws; and because studies, which the City accepts and adopts,
have shown that youth use of any commercial tobacco product has increased to 26.4% in
Minnesota; and because nearly 90% of smokers begin smoking before they have reached the
age of 18 years, and that almost no one starts smoking after age 25; and because marketing
analysis, public health research, and commercial tobacco industry documents reveal that
tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target
youth and young adults and that the presence of such flavors can make it more difficult to quit;
and because studies show that youth and young adults are especially susceptible to commercial
tobacco product availability, advertising, and price promotions at tobacco retail environments;
and because commercial tobacco use has been shown to be the cause of many serious health
problems which subsequently place a financial burden on all levels of government, this ordinance
is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic
delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and
furthering existing laws, to protect youth and young adults against the serious health effects
associated with tobacco use and initiation, and to further the official public policy of the state to
prevent young people from starting to smoke, as stated in Minn. Stat. § 144.391, as it may be
amended from time to time.
In making these findings, the City Council accepts the conclusions and recommendations of the
U.S. Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The
Health Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use
Among Youth and Young Adults (2012); the Centers for Disease Control and Prevention in their
studies, Tobacco Use Among Middle and High School Students — United States, 2011–2015
2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School
Students, United States, 1997 (1998); and of the following scholars in these scientific journals:
Chen, J., & Millar, W. J., Age of smoking initiation: implications for quitting. HEALTH REPORTS,
9(4), 39–46 (1998); D’Avanzo, B., La Vecchia, C., & Negri, E., Age at Starting Smoking and
Number of Cigarettes Smoked, ANNALS OF EPIDEMIOLOGY, 4(6), 455–459 (1994); Everett, S. A.,
Warren, C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett, L. S. Initiation of Cigarette
Ordinance No. 670 -2- October 15, 2019
Smoking and Subsequent Smoking Behavior Among U.S. High School Students, PREVENTIVE
MEDICINE, 29(5), 327–333 (1999); Giovino, G. A., Epidemiology of Tobacco Use in the United
States, ONCOGENE, 21(48), 7326–7340 (2002); Khuder, S. A., Dayal, H. H., & Mutgi, A. B., Age at
Smoking Onset and its Effect on Smoking Cessation. ADDICTIVE BEHAVIORS, 24(5), 673–677
1999); Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A.,
Henriksen, L., Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco
Retailer Density, AMERICAN JOURNAL OF PUBLIC HEALTH, 107(5), 740–746 (2017); MINNESOTA
DEPARTMENT OF HEALTH, DATA HIGHLIGHTS FROM THE 2017 MINNESOTA YOUTH TOBACCO SURVEY,
SAINT PAUL, MN (2018); Tobacco Control Legal Consortium, The Verdict Is In: Findings from
United States v. Phillip Morris, The Hazards of Smoking, University of California — San
Francisco (2006); Truth Tobacco Industry Documents, https://www.industrydocuments
library.ucsf.edu/tobacco/; Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T.
F., Annual Healthcare Spending Attributable to Cigarette Smoking: An Update, AMERICAN
JOURNAL OF PREVENTIVE MEDICINE, 48(3), 326–333 (2015), copies of which are adopted by
reference.
Sec. 16-158. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Child-Resistant Packaging. Packaging that meets the definition set forth in Code of Federal
Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in
accordance with the method described in Code of Federal Regulations, title 16, section
1700.20, as in effect on January 1, 2015.”
Cigar. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing
tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. §
297F.01, subd. 3, as may be amended from time to time.
Compliance Checks: The system the City uses to investigate and ensure that those
authorized to sell licensed products are following and complying with the requirements of this
article. Compliance checks involve the use of persons under the age of 21 who purchase or
attempt to purchase licensed products. Compliance checks may also be conducted by the
City or other units of government for educational, research, and training purposes, or for
investigating or enforcing Federal, State or local laws and regulations relating to licensed
products.
Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any other
substance, whether natural or synthetic, intended for human consumption through the
inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not
limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape
pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery
device includes any component part of a product, whether or not marketed or sold
separately. Electronic delivery device does not include any product that has been approved
or certified by the U.S. Food and Drug Administration for sale as a tobacco-cessation
Ordinance No. 670 -3- October 15, 2019
product, as a tobacco-dependence product, or for other medical purposes, and is marketed
and sold for such an approved purpose.
Flavored Product. Any licensed product that contains a taste or smell, other than the taste or
smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
consumption of the product, including, but not limited to, any taste or smell relating to
chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert,
alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied,
made or disseminated by the manufacturer of a licensed product, or by any person
authorized or permitted by the manufacturer to make or disseminate public statements
concerning such products, that a product has or produces a taste or smell other than a taste
or smell of tobacco will constitute presumptive evidence that the product is a flavored
product.
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.
Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface
area of the vertical planes constituting the perimeter of the area. A wall includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
Licensed Product: The term that collectively refers to any tobacco, tobacco-related device,
electronic delivery device, or nicotine or lobelia delivery product.
Loosies: Loosies means (1) single or individually packaged cigars or cigarettes offered for
sale, regardless of whether they have been removed from their original retail packaging, and
2) any other licensed product that has been removed from its original retail packaging and
offered for sale. Loosies does not include individual cigars with a retail price, after any
discounts are applied and before any sales taxes are imposed, of at least $3.00 per cigar.
Moveable Place of Business: Any form of business operated out of a kiosk, truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed address storefront
or other permanent type of structure authorized for sales transactions.
Nicotine or Lobelia Delivery Product: Any product containing or delivering nicotine or lobelia
intended for human consumption, or any part of such a product, that is not tobacco or an
electronic delivery device as defined in this section. Nicotine or lobelia delivery product does
not include any product that has been approved or otherwise certified for legal sale by the
United States Food and Drug Administration as a tobacco-cessation product, a tobacco
dependence product, or for other medical purposes, and is being marketed and sold solely
for that approved purpose.
Pharmacy. A place of business at which prescription drugs are prepared, compounded, or
dispensed by or under the supervision of a pharmacist and from which related clinical
pharmacy services are delivered.
Ordinance No. 670 -4- October 15, 2019
Retail Establishment: Any place of business where licensed products are available for sale to
the general public, including, but not be limited to, grocery stores, tobacco products shops,
convenience stores, gasoline service stations, bars, and restaurants.
Sale: Any transfer of goods for money, trade, barter or other consideration.
Self-Service Merchandising: Open displays of licensed products in any manner where any
person has access to the licensed products without the assistance or intervention of the
licensee or the licensee's employee. Assistance or intervention means the actual physical
exchange of the licensed product between the customer and the licensee or employee.
Smoking: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe, or any other lighted or heated product containing, made, or derived from nicotine,
tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for
inhalation. Smoking also includes carrying or using an activated electronic delivery device.
Tobacco. Any product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, or any component, part, or accessory of a tobacco product
including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings
and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco does not include
any product that has been approved by the U.S. 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-Related Device. Any rolling papers, wraps, pipes, or other device intentionally
designed or intended to be used with tobacco products. Tobacco related device includes
components of tobacco-related devices or tobacco products, which may be marketed or sold
separately. Tobacco related devices may or may not contain tobacco.
Vending Machine. Any mechanical, electric or electronic, or other type of device that
dispenses licensed products upon the insertion of money, tokens or other form of payment
directly into the machine by the person seeking to purchase the licensed product.
Sec. 16-159. - License.
a) License Required. No person shall sell or offer to sell any licensed product without first
having obtained a license to do so from the City.
b) Application. An application for a license to sell licensed products 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 determines that an application is incomplete, they shall return the application
to the applicant with notice of the information necessary to make the application complete.
A business applicant, at the time of application, shall furnish the City with a list of all
persons that have an interest of five percent or more in the business. The list shall name all
Ordinance No. 670 -5- October 15, 2019
owners and show the interest held by each, either individually or beneficially for others. It is
the duty of each business licensee to notify the City Clerk in writing of any change in
ownership in the business. Any change in the ownership or control of the business shall be
deemed equivalent to a transfer of the license, and any such license shall be revoked 30
days after any such change in ownership or control unless the licensee has notified the
Council of the change in ownership by submitting a new license application for the new
owners, and the Council has approved the transfer of the license by appropriate action.
Any time an additional investigation is required because of a change in ownership or
control of a business, the licensee shall pay an additional investigation fee to be
determined by the City. The City may at any reasonable time examine the transfer records
and minute books of any business licensee to verify and identify the owners, and the City
may examine the business records of any other licensee to the extent necessary to
disclose the interest which persons other than the licensee have in the licensed business.
The Council may revoke any license issued upon its determination that a change of
ownership of a licensee has actually resulted in the change of control of the licensed
business so as materially to affect the integrity and character of its management and its
operation, but no such action shall be taken until after a hearing by the Council on notice to
the licensee.
c) Action. The City Council may either approve or deny the application for a 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 approves 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. If a license application is denied, the earliest an
applicant may reapply is 12 months from the date the license is denied.
d) Term. All licenses issued under this article shall be valid for one calendar year from the date
of issue.
e) Revocation or Suspension. Any license issued under this article may be revoked or
suspended as provided in Section 16-168.
f) Transfers. All licenses issued under this article shall be valid only on the premises for which
the license was issued and only for the person to whom the license was issued. The transfer
of any license to another location or person is prohibited.
g) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
h) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. The request for a renewal shall be made at least 30 days
but no more than 60 days before the expiration of the current license.
i) Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a
privilege and does not entitle the license holder to automatic renewal of the license.
j) Maximum Number of Licenses. The number of licenses issued under this section shall be
capped at the number of licenses in place on January 1, 2020. Any decrease in the number
of licenses that occurs after January 1, 2020 due to attrition will decrease the number of
available licenses to that extent until the number of available licenses reaches 8. When the
maximum number of licenses has been issued, the City may place persons seeking
Ordinance No. 670 -6- October 15, 2019
licensure on a waiting list and allow them to apply on a first-come, first-served basis, as
existing licenses are not renewed or are revoked. A new applicant who has purchased a
business location holding a valid license will be entitled to first priority, provided the new
applicant meets all other application requirements in accordance with this ordinance.
Sec. 16-160. - Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in full.
The fee for a license under this article shall be established by the City Council and adopted in the
City fee schedule, and may be amended from time to time.
Sec. 16-161. - Ineligibility and Basis for Denial of License.
a) Ineligibility.
1) Pharmacies. No existing license will be eligible for renewal to any pharmacy, including any
retail establishment that operates or contains an on-site pharmacy, and no pharmacy or any
retail establishment that operates an on-site pharmacy will be granted a new license.
2) 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
article.
b) Grounds for Denial. Grounds for denying the issuance or renewal of a license under this
article include, but are not limited to, the following:
1) The applicant is under the age of 21 years.
2) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation from holding a license.
3) The applicant has been convicted within the past five years of any violation of a Federal,
State, or local law, ordinance provision, or other regulation relating to licensed products.
4) The applicant has had a license to sell licensed products suspended or revoked during
the 12 months preceding the date of application, or the applicant has or had an interest
in another premises authorized to sell licensed products, whether in the City or in
another jurisdiction, that has had a license to sell licensed products suspended or
revoked during the same time period, provided the applicant had an interest in the
premises at the time of the revocation or suspension, or at the time of the violation that
led to the revocation or suspension.
5) The applicant is a business that does not have an operating officer or manager who is
eligible pursuant to the provisions of this chapter.
6) The applicant is the spouse of a person ineligible for a license pursuant to the
provision of Subsections (b)(2) and (3) of this section or who, in the judgement of the
Council, is not the real party in interest or beneficial owner of the business to be
operated, under the license.
Ordinance No. 670 -7- October 15, 2019
7) The applicant fails to provide any information required on the application, or provides
false or misleading information. Any false statement on an application, or any willful
omission of any information called for on such application form, shall work an automatic
refusal of license, or if already issued, shall render any license issued pursuant thereto
void and of no effect to protect the applicant from prosecution for violation of this
chapter, or any part thereof.
c) The City shall conduct a background investigation on all new applications and applications
to transfer a license. The City may conduct a background and financial check on an
application for a renewal of a license if it is in the public interest to do so. 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 article and the City shall provide the person
with a notice of revocation, along with information on the right to appeal.
d) No license shall be granted or renewed for operation on any premises on which real estate
taxes, assessments, or other financial claims of the City or of the State are due, delinquent,
or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. ch.
278, questioning the amount or validity of taxes, the Council may, on application by the
licensee, waive strict compliance with this provision; no waiver may be granted, however,
for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after
becoming due unless such one-year period is extended through no fault of the licensee.
Sec. 16-162. - Prohibited Acts.
a) In general. No person shall sell or offer to sell any licensed product:
1) By means of any type of vending machine.
2) By means of self-service merchandising.
3) By means of loosies as defined in Section 16-158.
4) Containing opium, morphine, jimson weed, belladonna, 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.
5) That is liquid, whether or not such liquid contains nicotine, which is intended for human
consumption and use in an electronic delivery device, in packaging that is not child-
resistant. Upon request by the city, a licensee must provide a copy of the certificate of
compliance or full laboratory testing report for the packaging used.
6) 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.
b) Legal Age. No person shall sell any licensed product to any person under the age of 21.
1) Age verification. Licensees shall verify by means of government issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for
Ordinance No. 670 -8- October 15, 2019
a person over the age of 30. That the person appeared to be 30 years of age or older
does not constitute a defense to a violation of this subsection.
2) Signage. Notice of the legal sales age and age verification requirement must be posted
prominently and in plain view at all times at each location where licensed products are
offered for sale. The required signage, which will be provided to the licensee by the City,
must be posted in a manner that is clearly visible to anyone who is or is considering
making a purchase.
c) Flavored Products. No person shall sell or offer for sale any flavored products.
d) Minimum Cigar Price. No person shall sell or offer to sell any Cigar, sold individually or as a
multi-unit package, and regardless of whether it is within its intended retail packaging, for a
sales price, after any discounts are applied and before sales taxes are imposed, of less than
3.00 per Cigar.
e) Smoking Prohibited. Smoking, including smoking for the purpose of sampling of licensed
products, is prohibited within the indoor area of any retail establishment licensed under this
ordinance.
f) Samples Prohibited. No person shall distribute samples of any licensed product free of
charge or at a nominal cost.
Sec. 16-163. - Additional Requirements.
a) Storage. All licensed products 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.
Sec. 16-164. - Responsibility.
All licensees are responsible for the actions of their employees in regard to the sale, offer to sell,
and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing
of any licensed product by an employee shall be considered an act of the licensee. Nothing in
this section shall be construed as prohibiting the City from also subjecting the employee to any
civil penalties that the City deems to be appropriate under this ordinance, state or federal law, or
other applicable law or regulation.
Sec. 16-165. - Compliance Checks and Inspections.
All premises licensed under this subdivision shall be open to inspection by the City during regular
business hours. From time to time, but at least once per year, the City shall conduct compliance
checks. In accordance with state law, the City will conduct at least one compliance check that
involves the participation of one person between the ages of 15 and 17 and may conduct an
additional compliance check involving one person between the ages of 18 and 20.
No person used in compliance checks shall attempt to use a false identification misrepresenting
their age. All persons lawfully engaged in a compliance check shall answer all questions about
their age asked by the licensee or their employee, and produce any identification, if any exists,
for which they are asked. Persons used for the purpose of compliance checks shall be
Ordinance No. 670 -9- October 15, 2019
supervised by law enforcement or other designated personnel. Minors used for compliance
checks shall not be guilty of unlawful possession licensed products when those items are
obtained as a part of the compliance check. Nothing in this article 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.
Additionally, from time to time, the City will conduct inspections to determine compliance with any
or all other aspects of this ordinance.
Sec. 16-166. - Other Prohibited Acts.
Unless otherwise provided, the following acts shall be a violation of this article:
a) Illegal Procurement. It shall be a violation of this article for any person 21 years of age or
older to purchase, attempt to purchase, or otherwise obtain any licensed product on behalf of
a person under the age of 21. It shall also be a violation for any person 21 years of age or
older to coerce or attempt to coerce a person under the age of 21 to purchase or attempt to
purchase any licensed product.
b) Use of False Identification. It shall be a violation of this article for any person to use any form
of false identification, whether the identification is that of another person or one that has
been modified or tampered with to represent an age older than the actual age of the person
using that identification.
Sec. 16-167. - Exceptions and Defenses.
Nothing in this article shall prevent the providing of tobacco or tobacco-related devices to any
person as part of an indigenous practice or lawfully recognized religious, spiritual, or cultural
ceremony or practice. It shall be an affirmative defense to the violation of this article for a person
to have reasonably relied on proof of age as described by state law.
Sec. 16-168. - Violations and Penalty.
a) Administrative Civil Penalties—Individuals. If a person who is not a licensee is found to have
violated this article, the person shall be charged an administrative penalty as follows:
1) First Violation. The Council shall impose a civil fine not to exceed $50.00.
2) Second Violation Within 12 months. The Council shall impose a civil fine not to exceed
100.00.
3) Third Violation Within 12 months. The Council shall impose a civil fine not to exceed
150.00.
b) Same—Licensee. If a licensee or an employee of a licensee is found to have violated this
article, the licensee shall be charged an administrative penalty as follows:
1) First Violation. The Council shall impose a civil fine of $500.00 and suspend the license
for not less than 1 day.
2) Second Violation Within 36 Months. The Council shall impose a civil fine of $1,000.00
and suspend the license for not less than 3 consecutive days.
Ordinance No. 670 -10- October 15, 2019
3) Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 and
suspend the license for not less than 10 consecutive days.
4) Fourth Violation Within 36 Months. The Council shall revoke the license for at least one
year.
c) Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section:
1) Any of the administrative civil penalties set forth in this section that may be imposed by
the Council, may in the alternative be imposed by an administrative citation under
Section 1-9.
2) If one of the foregoing penalties 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 Council, and such
notice must be in writing and must provide that a right to a hearing before the Council
must be requested within 10 business days of receipt of the notice or such right shall
terminate.
d) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this article.
Sec. 16-169. - Severability.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or
provision.
Sec. 16-170 - Effective Date.
This ordinance becomes effective on January 1, 2020.
Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled
General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after January 1, 2020.
Adopted by the City Council this 15th day of October, 2019.
s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
SUMMARY OF ORDINANCE NO. 670
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Article VI. Tobacco and Adding a New Article VI. Tobacco
Licensing and Regulations
This is a summary of the provisions of the above ordinance which has been approved for
publication by the City Council.
This ordinance amends Repealing in its Entirety Article VI. Tobacco and Adding a New
Article VI. Tobacco Licensing and Regulations. This Article provides for license
requirements and regulations for tobacco and incorporates the following new polices:
Prohibiting the sale of flavored tobacco, including menthol, at all retailers
Prohibiting the sale of tobacco at pharmacies
Prohibiting the sale of tobacco to people under 21
Capping the amount of tobacco licenses issued by the City at 8
Increasing the minimum price for certain tobacco products
Prohibiting free samples
Requiring liquid nicotine products to be sold in child proof packaging
This ordinance shall take effect upon publication. NOTICE: the foregoing is only a summary
of the ordinance.
A copy of the full text of this ordinance is available for inspection during regular office hours
at the office of the City Clerk.
Adopted by the City Council this 15th day of October, 2019.
s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
City of Golden Valley City Council Regular Meeting Minutes
October 15, 2019 – 6:30 pm
2
3E. Accept Resignation from the Human Services Commission - continued
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to accept
the resignation of Mr. Kapel from the Human Services Commission and the motion carried.
4. Public Hearing
5. Old Business
6. New Business
6A. Second Consideration – Ordinance #670 - Tobacco Licensing and Regulation Ordinance
City Clerk Luedke presented the staff report and answered questions from Council. City Attorney
Cisneros answered questions for Council.
Mayor Harris stated that per the Council’s agenda all ordinances listed under new business are
eligible for public input. The following participants addressed the Council.
Dr. Otieno, 8400 Golden Valley Road, said he has lived in the City for many years and worked in
the public health and dentistry area before his retirement. He said he had many patients with
tobacco related illnesses. He said nicotine is highly addictive and that patients find in hard to
quit even with a poor prognosis. He said that limiting tobacco products could keep people from
starting to smoke. He said tobacco products should not be available in pharmacies because they
provide life-saving medicines to people. He thanked the Council for letting him present tonight.
Ms. Gretchen Weinke, Golden Valley Liquor Barrel, 7890 Olson Memorial Highway, said over the
past months, there has been one-sided negative opinions regarding tobacco issues because of
the vaporing epidemic media coverage. She said local retailers have been the punching bag for
the issue. She said the local retailers were only given a shortly time to prepare for the public
forum before they were thrash before bias community members. She said only 2 percent of the
community responded to the survey and read some of the comments, which were opposed to
the ban. She said she has 15-30 customers a day buy menthol products and they will take their
business to other cities. She said if the goal is to restrict the sale of youth tobacco use that T21
would do that and if it is to ban vaping products, the favor bans accomplishes that. She asked if
menthol and wintergreen products could be excluded from the proposed favor ban.
Ms. Molly Moilanen, Vice President ClearWay Minnesota, said she is the co-chair of Minnesotans
for a Smoke free generation, which is a coalition organizations that work together to reduce
nicotine addiction and tobacco use in kids. She said the Governor released the 2019 Minnesota
Student survey data and it showed another jump in youth e-cig use. She said passing this strong
packet would allow Golden Valley to address the tobacco industry strategy and aid with health
improvements for the youth. She said it is important to keep menthol products in the ban
because the tobacco industry targets people of color with menthol marketing. She said the
coalition would continue to work at the State Capital to pass these polices and thanked the
Council for considering this strong policy.
City of Golden Valley City Council Regular Meeting Minutes
October 15, 2019 – 6:30 pm
3
6A. Second Consideration – Ordinance #670 - Tobacco Licensing Ordinance - continued
There was Council discussion regarding the proposed Tobacco Licensing and Regulation
Ordinance.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
second consideration Ordinance #670, repealing in its Entirety Article VI. Tobacco and adding a
New Article VI. Tobacco Licensing and Regulation. Upon a vote being taken the following voted
in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against:
none and the motion carried.
MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to
approve the Summary of Ordinance #670 for Publication based on the finding that the title and
summary clearly inform the public of the intent and elect of the ordinance and the motion
carried.
6B. Golden Valley 4d Affordable Housing Program
Planning Intern Anderson presented the staff report and answered questions from Council. City
Attorney Cisneros, Planning Manager Zimmerman and City Manager Cruikshank answered
questions from Council.
Ms. Ruth Paradise, 8515 Duluth Street, asked if rents would be examined each year to make sure
they fall within the guidelines. She also asked about if a property owner had a large amount of
evictions would the City keep track of that.
Ms. Elizabeth Gross, 2230 Xylon Avenue, asked how many apartments would be enrolled in the
program and how this would affect property taxes for residents in the City.
There was Council discussion regarding the 4d Affordable Housing Program.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt
Resolution 19-58, establishing the Golden Valley 4d Affordable Housing Program and authorizing
staff to make and execute Participation Agreements for enrolling eligible properties in the
program. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris,
Rosenquist and Schmidgall, the following voted against: none and the motion carried.
6C. First Consideration – Ordinance #671 - Gambling Ordinance Amendments
City Clerk Luedke presented the staff report and answered questions from Council.
MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to
adopt first consideration Ordinance #671, Amending Article XVI. GAMBLING by removing
Section 16-434. Licensing and Investigation Fee and updating Section 16-436 Responsible
Parties. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris,
Rosenquist and Schmidgall, the following voted against: none and the motion carried.
www.publichealthlawcenter.org
November2018POINT-OF-SALE
Through licensing and related
regulations, Minnesota cities
have the opportunity to address
the sale of commercial tobacco
and related devices and products
in the retail environment.
This model ordinance includes all of the minimum
retail tobacco sales restrictions required by
Minnesota state and federal law. It also includes
a number of additional provisions a city may
choose to adopt in order to further advance
public health. A city planning to adopt this model
ordinance, in whole or in part, should review it
with its city attorney beforehand to determine
suitability for the city’s circumstances. While the
model ordinance language can be modified by
adding or omitting content concerning activities
that a city does or does not seek to regulate,
doing so may result in an ordinance that does not
conform to state law, federal law, and best public
health policy practices.
Because provisions within this model ordinance
are controlled by statute and rule, the city
attorney should review any modifications to
ensure they conform to state and federal law.
In addition, because the ordinance establishes
rights and responsibilities of both the city and
license applicants and holders, the city attorney
should review the entire ordinance before it is
adopted. The Public Health Law Center provides
legal technical assistance to help communities
that wish to adopt commercial tobacco control
ordinances. We encourage communities to
contact us for assistance when considering this
model language.
MINNESOTA CITY RETAIL
TOBACCO LICENSING ORDINANCE
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 2
Notice
This ordinance is drafted in the form prescribed by state law for statutory cities. Statutory
cities must publish their ordinances — or a summary thereof — in the city’s official newspaper
before they become effective. Home rule charter cities may have to follow the formatting and/
or other procedural requirements found in their city’s charter. Charter cities should consult
their charter and their city attorney to ensure that they comply with all charter requirements.
All cities must provide copies of their ordinances to the county law library or its designated
depository pursuant to Minn. Stat. § 415.021.
This ordinance may affect existing license holders. Under Minn. Stat. § 461.19, a city is required
to give retailers notice that it is considering adopting or substantially amending a retail tobacco
licensing ordinance. The city must take reasonable steps to send notice by mail at least 30
days prior to the meeting to the last known address of each licensee or person required to
hold a license. The notice must state the time, place, and date of the meeting and the subject
matter of the proposed ordinance. A city may also mail a copy of the proposed ordinance to all
existing license holders to inform them of its contents and to provide them an opportunity to
make their views known.
Additionally, Minn. Stat. § 415.19 requires statutory and home rule charter cities to post proposed
new ordinances and ordinance amendments on the city website at least 10 days prior to a final vote
by the city council, if the city already posts ordinances on its site. Under the same statute, within 10
days of a final vote, cities must also provide this same notice to all city listserv subscribers via their
electronic notification system or, if the city does not have an electronic notification system, in the
location that the city posts public notices. Cities must also provide new or renewing licensees with
information about the city’s notification procedure at the time of application.
Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial
tobacco use. Communities differ on their readiness and willingness to adopt certain commercial
tobacco control policies that are intended to help make that world a reality. As such, this
model ordinance represents a balance between state and federal minimum standards, best
public health policy practices, and practicality for city governments in Minnesota. This model
ordinance contains several policy components that go beyond state minimum requirements
and communities may or may not choose to adopt at this time, including:
Raising the legal purchasing age to 21;
Restricting the sale of flavored tobacco products, including menthol;
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Regulating the price of commercial tobacco products, such as establishing minimum prices
for cigars and restricting price promotions and coupon redemptions;
Regulating the distance between tobacco retailers, youth-oriented facilities and other
retailers; and
Prohibiting pharmacies from selling commercial tobacco products.
Context Box
Context boxes are included throughout this model ordinance to explain some key provisions.
These boxes are not meant to be included in any final ordinance. A city wishing to adopt
all or part of this model ordinance should keep this in mind and remove the context boxes.
Context boxes have been included throughout the model ordinance to explain some of the key
provisions. These boxes are not meant to be included in any final ordinance and a city wishing to
adopt all or part of this model ordinance should keep this in mind and remove the context boxes.
While the Public Health Law Center does not lobby, advocate, or directly represent
communities, adopting effective commercial tobacco control policies starts early with
education, stakeholder and community engagement, and a strong advocacy plan. If a
community is unaware of the resources available to them for engaging the community and
developing an advocacy plan, or if a city is considering adopting an ordinance and is interested
in learning about the range of resources available, the Public Health Law Center can provide
assistance through our publications and referrals to experts in the field. In certain, limited
circumstances, Public Health Law Center staff may be able to speak at public hearings or work
sessions to provide education about particular policy options.
This retail tobacco licensing ordinance was prepared by the Tobacco Control Legal Consortium at the Public Health
Law Center, located at Mitchell Hamline School of Law in St. Paul, Minnesota.
The Public Health Law Center provides information and legal technical assistance on issues related to public health.
The Center does not lobby nor does it provide direct legal representation or advice. This document should not be
considered legal advice.
This publication represents the only Minnesota model city retailer licensing policy endorsed by the Public Health
Law Center.
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www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 4
ORDINANCE NO. [ _____________ ]
AN ORDINANCE REGULATING THE SALE OF TOBACCO
AND RELATED DEVICES AND PRODUCTS WITHIN
THE CITY OF [ _____________ ], MINNESOTA
THE CITY COUNCIL OF THE CITY OF [ _____________ ]
DOES ORDAIN:
Section 1. Purpose and Intent. 5
Section 2. Definitions. 6
Section 3. License. 9
Section 4. Fees. 13
Section 5. Basis for Denial of License. 14
Section 6. Prohibited Acts. 14
Section 7. Responsibility. 18
Section 8. Compliance Checks and Inspections. 18
Section 9. Other Prohibited Acts. 19
Section 10. Exceptions and Defenses. 21
Section 11. Violations and Penalties. 21
Section 12. Severability. 23
Section 13. Effective Date. 23
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Section 1. Purpose and Intent.
Because the city recognizes that the sale of commercial tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery products to persons under the
age of 18 violates both state and federal laws; and because studies, which the city accepts
and adopts, have shown that youth use of any commercial tobacco product has increased to
26.4% in Minnesota; and because nearly 90% of smokers begin smoking before they have
reached the age of 18 years, and that almost no one starts smoking after age 25; and because
marketing analysis, public health research, and commercial tobacco industry documents reveal
that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to
target youth and young adults and that the presence of such flavors can make it more difficult
to quit; and because studies show that youth and young adults are especially susceptible
to commercial tobacco product availability, advertising, and price promotions at tobacco
retail environments; and because commercial tobacco use has been shown to be the cause
of many serious health problems which subsequently place a financial burden on all levels of
government, this ordinance is intended to regulate the sale of commercial tobacco, tobacco-
related devices, electronic delivery devices, and nicotine or lobelia delivery products for the
purpose of enforcing and furthering existing laws, to protect youth and young adults against
the serious health effects associated with use and initiation, and to further the official public
policy of the state to prevent young people from starting to smoke, as stated in Minn. Stat. §
144.391, as it may be amended from time to time.
In making these findings, the City Council accepts the conclusions and recommendations of: the
U.S. Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The Health
Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use Among Youth
and Young Adults (2012); the Centers for Disease Control and Prevention in their studies, Tobacco
Use Among Middle and High School Students — United States, 2011–2015 (2016), and Selected
Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States,
1997 (1998); and of the following scholars in these scientific journals: Chen, J., & Millar, W. J.
1998). Age of smoking initiation: implications for quitting. Health Reports, 9(4), 39-46; D’Avanzo,
B., La Vecchia, C., & Negri, E. (1994). Age at starting smoking and number of cigarettes smoked.
Annals of Epidemiology, 4(6), 455–459; Everett, S. A., Warren, C. W., Sharp, D., Kann, L., Husten,
C. G., & Crossett, L. S. (1999). Initiation of cigarette smoking and subsequent smoking behavior
among U.S. high school students. Preventive Medicine, 29(5), 327–333; Giovino, G. A. (2002).
Epidemiology of tobacco use in the United States. Oncogene, 21(48), 7326–7340; Khuder, S. A.,
Dayal, H. H., & Mutgi, A. B. (1999). Age at smoking onset and its effect on smoking cessation.
Addictive Behaviors, 24(5), 673–677; Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman,
M., Mack-Crane, A., Henriksen, L. (2017). Tobacco Town: Computational Modeling of Policy
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Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740–746;
Minnesota Department of Health. (2018). Data Highlights from the 2017 Minnesota Youth Tobacco
Survey. Saint Paul, MN; Tobacco Control Legal Consortium. (2006). The Verdict Is In: Findings from
United States v. Phillip Morris, The Hazards of Smoking. University of California — San Francisco.
Truth Tobacco Industry Documents, https://www.industrydocumentslibrary.ucsf.edu/tobacco/;
Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T. F. (2015) Annual healthcare
spending attributable to cigarette smoking: an update. American Journal of Preventive Medicine,
48(3), 326–333, copies of which are adopted by reference.
Purpose and Findings
A Purpose and Findings section is important because it provides the evidentiary basis for
the proposed commercial tobacco control policies and demonstrates the city’s reasoning
for adopting specific provisions. This Purpose and Findings section reflects language
appropriate for all of the provisions suggested. The Public Health Law Center can provide
support for communities to determine which Purpose and Findings statements and
references should be retained in a final ordinance, depending on which provisions from
the model ordinance the city chooses to adopt.
Section 2. Definitions.
Except as may otherwise be provided or clearly implied by context, all terms are given their
commonly accepted definitions. For the purpose of this ordinance, the following definitions
apply unless the context clearly indicates or requires a different meaning:
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth inCode of
Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested
in accordance with the method described in Code of Federal Regulations, title 16, section
1700.20, as in effect on January 1, 2015.
CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing
tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined inMinn. Stat.
297F.01, subd. 3, as may be amended from time to time.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized
to sell licensed products are following and complying with the requirements of this ordinance.
COMPLIANCE CHECKS involve the use of persons under the age of 21 who purchase or attempt
to purchase licensed products. COMPLIANCE CHECKS may also be conducted by the city or
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other units of government for educational, research, and training purposes or for investigating
or enforcing federal, state, or local laws and regulations relating to licensed products.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any
other substance, whether natural or synthetic, intended for human consumption through the
inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but
is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes,
vape pens, mods, tank systems, or under any other product name or descriptor. ELECTRONIC
DELIVERY DEVICE includes any component part of a product, whether or not marketed or
sold separately. ELECTRONIC DELIVERY DEVICE does not include any product that has been
approved or certified by the U.S. Food and Drug Administration for sale as a tobacco-cessation
product, as a tobacco-dependence product, or for other medical purposes, and is marketed and
sold for such an approved purpose.
FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the
taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or
during the consumption of the product, including, but not limited to, any taste or smell relating
to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert,
alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied,
made or disseminated by the manufacturer of a licensed product, or by any person authorized
or permitted by the manufacturer to make or disseminate public statements concerning such
products, that a product has or produces a taste or smell other than a taste or smell of tobacco
will constitute presumptive evidence that the product is a flavored product.
IMITATION TOBACCO PRODUCT. Any edible non-tobacco product designed to resemble a
tobacco product, or any non-edible tobacco product designed to resemble a tobacco product
and intended to be used by children as a toy. IMITATION TOBACCO PRODUCT includes,
but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum
resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco snuff
tins. IMITATION TOBACCO PRODUCT does not include electronic delivery devices or nicotine
or lobelia delivery products.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area
of the vertical planes constituting the perimeter of the area. A wall includes any retractable
divider, garage door, or other physical barrier, whether temporary or permanent. A standard
window screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall.
LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related
device, electronic delivery device, or nicotine or lobelia delivery product.
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LOOSIES. The common term used to refer to single or individually packaged cigars or cigarettes,
or any other licensed product that has been removed from its intended retail packaging and
offered for sale. LOOSIES does not include individual cigars with a retail price, after any
discounts are applied and before any sales taxes are imposed, of at least [ $4.00 ] per cigar.
MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk, 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.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine
or lobelia intended for human consumption, or any part of such a product, that is not a tobacco
or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY
PRODUCT does not include any product that has been approved or otherwise certified for
legal sale by the U.S. Food and Drug Administration as a tobacco-cessation product, a tobacco-
dependence product, or for other medical purposes, and is being marketed and sold solely for
that approved purpose.
PHARMACY. A place of business at which prescription drugs are prepared, compounded,
or dispensed by or under the supervision of a pharmacist and from which related clinical
pharmacy services are delivered.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale
to the general public. The phrase includes but is not limited to grocery stores, tobacco products
shops, convenience stores, gasoline service stations, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE DISPLAY. The open display of licensed products in any manner where any
person has access to the licensed products without the assistance or intervention of the
licensee or the licensee’s employee.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette,
or pipe, or any other lighted or heated product containing, made, or derived from nicotine,
tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.
Smoking also includes carrying or using an activated electronic delivery device.
TOBACCO. Any product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, or any component, part, or accessory of a tobacco product
including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
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twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings
and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO does not include
any product that has been approved by the U.S. 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-RELATED DEVICE. Any rolling papers, wraps, pipes, or other device intentionally
designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE includes
components of tobacco-related devices or tobacco products, which may be marketed or sold
separately. TOBACCO-RELATED DEVICES may or may not contain tobacco.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that
dispenses licensed products upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the licensed product.
YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of
which 25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers
services or products that are consumed or used primarily by persons under the age of 21. Youth-
oriented facility includes, but is not limited to, schools, playgrounds, recreation centers, and parks.
Section 3. License.
A) License required. No person shall sell or offer to sell any licensed product without first
having obtained a license to do so from the city.
B) Application. An application for a license to sell licensed products must be made on a
form provided by the city. The application must 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 will forward the
application to the City Council for action at its next regularly scheduled meeting. If the
City Clerk determines that an application is incomplete, it will be returned to the applicant
with notice of the information necessary to make the application complete.
C) Action. The City Council may approve or deny the application for a license, or it may delay
action for a reasonable period of time to complete any investigation of the application or the
applicant deemed necessary. If the City Council approves the application, the City Clerk will
issue the license to the applicant. If the City Council denies the application, notice of the denial
will be given to the applicant along with notice of the applicant’s right to appeal the decision.
D) Term. All licenses issued are valid for one calendar year from the date of issue.
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E) Revocation or suspension. Any license issued may be suspended or revoked following the
procedures set forth in Section 11.
F) Transfers. All licenses issued are valid only on the premises for which the license was
issued and only for the person to whom the license was issued. The transfer of any license
to another location or person is prohibited.
G) Moveable place of business. No license will be issued to a moveable place of business.
Only fixed-location businesses are eligible to be licensed.
H) Display. All licenses must be posted and displayed at all times in plain view of the general
public on the licensed premises.
I) Renewals. The renewal of a license issued under this ordinance will be handled in the
same manner as the original application. The request for a renewal must be made at least
30 days, but no more than 60 days, before the expiration of the current license.
J) Issuance as privilege and not a right. The issuance of a license is a privilege and does not
entitle the license holder to an automatic renewal of the license.
K) Minimum clerk age. Individuals employed by a licensed retail establishment under this
ordinance must be at least [ 18 or 21 ] years of age to sell licensed products.
Minimum Age for Clerks
Cities may be interested in establishing a minimum age for employees that work for
licensed tobacco retailers. Doing so ensures that employees are of or above the minimum
legal sales age for commercial tobacco sales. If a city chooses to raise the minimum legal
sales age to 21, but leave the minimum clerk age at 18, clerks between the ages of 18 and
20 can legally sell licensed products within the purview of their employment, but would
be unable to purchase them.
L) Maximum number of licenses. The maximum number of licenses issued by the city at any
time is limited to [ see context box below ]. When the maximum number of licenses has
been issued, the city may place persons seeking licensure on a waiting list and allow them
to apply on a first-come, first-served basis, as licenses are not renewed or are revoked.
A new applicant who has purchased a business location holding a valid city license
will be entitled to first priority, provided the new applicant meets all other application
requirements in accordance with this ordinance.
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Licensing Cap
Communities with a higher density of commercial tobacco retailers expose more youth
and young adults to commercial tobacco industry marketing and make it easier for youth
and young adults to obtain licensed products. This encourages commercial tobacco
initiation, use, and brand choice. One way to address retailer density issues is to place a
cap on the number of tobacco retailer licenses that may be issued by the city. The above
provision would set the maximum number of licenses available.
Cities can choose how to structure a licensing cap to meet the needs of their communities.
Potential options include setting the cap at the number of existing licensed retailers or
limiting the number of licensed retailers based on population density. A city may also want
to limit licenses to those that currently exist and reduce the number of available licenses
over time, as licenses are revoked or expire and are not renewed. Cities are encouraged
to work with local public health departments, city attorneys, and the Public Health Law
Center to determine the appropriate licensing cap provision for their community.
For more information on retailer density, review our publication, Location, Location,
Location: Regulating Tobacco Retailer Locations for Public Health.
M) Proximity to youth-oriented facilities. No license will be granted to any person for a
retail establishment location that is within [ 1,000 ] feet of a youth-oriented facility, as
measured by the shortest line from the property line of the space to be occupied by the
proposed licensee to the nearest property line of a youth-oriented facility. This restriction
does not apply to an existing license holder who has been licensed to sell licensed
products in that same location for at least one year before the date this section was
enacted into law.
N) Proximity to other licensed retailers. No license will be granted to any person for a retail
establishment location that is within [ 2,000 ] feet of any other existing licensed retail
establishment , as measured by the shortest line from the property line of the space to
be occupied by the applicant for a license to the nearest property line of the existing
licensee. This restriction does not apply to an applicant who has been licensed to sell
licensed products in the same location for at least one year before the date this section
was enacted into law.
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Proximity Restrictions
Research has demonstrated that policies requiring set distances between retailers and
between retailers and youth-oriented facilities help to reduce tobacco retailer density and
increase prices for commercial tobacco products. These proximity buffers have the largest
impact in urban, low-income neighborhoods, which have been historically targeted by the
tobacco industry with pervasive marketing and price promotions at the point-of-sale. The
greatest public health impacts are seen when these policies are combined with a cap on
the number of licenses issued.
Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane, A. Henriksen, L. (2017). Tobacco Town:
Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5),
740–746; Myers, A. E., Hall, M. G., Isgett, L. F., & Ribisl, K. M. (2015). A Comparison of Three Policy Approaches for
Tobacco Retailer Reduction. Preventive Medicine, 74, 67–7; and Ribisl, K. M., Luke, D. A., Bohannon, D. L., Sorg, A. A., &
Moreland-Russell, S. (2017). Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales near
Schools. Nicotine & Tobacco Research: Official Journal of the Society for Research on Nicotine and Tobacco, 19(2), 239–244.
O) Pharmacies ineligible for licensure. No existing license will be eligible for renewal to
any pharmacy, including any retail establishment that operates or contains an on-site
pharmacy, and no pharmacy or any retail establishment that operates an on-site
pharmacy will be granted a new license.
Pharmacy Prohibitions
Several communities have adopted laws prohibiting pharmacies from selling commercial
tobacco products. These laws have been shown to significantly reduce commercial
tobacco retailer density when compared to communities without similar laws. These gains
have had the greatest impact on neighborhoods with higher median income, education,
and proportion of non-Hispanic white residents. Although pharmacy restrictions alone
are unlikely to address health disparities, some studies have shown that these policies are
most effective when combined with proximity restrictions.
Giovenco, D. P., Spillane, T. E., Mauro, C. M., & Hernández, D. (2018). Evaluating the Impact and Equity of a Tobacco-free
Pharmacy Law on Retailer Density in New York City Neighbourhoods. Tobacco Control, tobaccocontrol-2018-054463.
Jin, Y., Lu, B., Klein, E. G., Berman, M., Foraker, R. E., & Ferketich, A. K. (2016). Tobacco-Free Pharmacy Laws and Trends
in Tobacco Retailer Density in California and Massachusetts. American Journal of Public Health, 106(4), 679–685.
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P) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of
licensed products, is prohibited within the indoor area of any retail establishment licensed
under this ordinance.
Q) Samples prohibited. No person shall distribute samples of any licensed product free of
charge or at a nominal cost.
R) Instructional program. Licensees must ensure that all employees complete a training
program on the legal requirements related to the sale of licensed products and the
possible consequences of license violations. Any training program must be pre-approved
by the city. Licensees must maintain documentation demonstrating their compliance
and must provide this documentation to the city at the time of renewal, or whenever
requested to do so during the license term.
Section 4. Fees.
No license will be issued under this ordinance until the appropriate license fees are paid in full.
The fees will be established by the city’s fee schedule and may be amended from time to time.
Licensing Fees
Fees provide revenue for the administration and enforcement of the ordinance and for
retailer and community education. Periodic review and adjustment of licensing fees
will ensure that they are sufficient to cover all administration, implementation, and
enforcement costs, including compliance checks. Our publication, Retail License Fees,
provides more information about retail licensing fees and a license fee checklist.
Section 5. Basis for Denial of License.
A) Grounds for denying the issuance or renewal of a license include, but are not limited to,
the following:
1) The applicant is under 21 years of age.
2) The applicant has been convicted within the past five years of any violation of a federal,
state, or local law, ordinance provision, or other regulation relating to licensed products.
3) The applicant has had a license to sell licensed products suspended or revoked within
the preceding 12 months of the date of application.
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4) The applicant fails to provide any of the information required on the licensing
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) Except as may otherwise be provided by law, the existence of any particular ground for
denial does not compel the city to deny the license.
C) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery
that the person was ineligible for the license under this ordinance. The city will provide the
license holder with notice of the revocation, along with information on the right to appeal.
Section 6. Prohibited Acts.
A) In general. No person shall sell or offer to sell any licensed product:
1) By means of any type of vending machine.
2) By means of loosies as defined.
3) 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 products subject to this ordinance.
4) 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.
B) Legal age. No person shall sell any licensed product to any person under the age of 21.
1) Age verification. Licensees must verify by means of government-issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required
for a person over the age of 30. That the person appeared to be 30 years of age or
older does not constitute a defense to a violation of this subsection.
2) Signage. Notice of the legal sales age and age verification requirement must be
posted prominently and in plain view at all times at each location where licensed
products are offered for sale. The required signage, which will be provided to the
licensee by the city, must be posted in a manner that is clearly visible to anyone who
is or is considering making a purchase.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 15
Raising the Minimum Legal Sales Age (MLSA) to 21
In 2015, the Institute of Medicine (now the Health and Medicine Division of the National
Academies of Sciences, Engineering, and Medicine) (IOM) released a report containing
compelling evidence of the significant public health benefits of raising the minimum
legal sales age (MLSA) for tobacco products. The IOM concluded that raising the MLSA
today to 21 would result in a 12 percent decrease in tobacco use, approximately 223,000
fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer
years of life lost for those born between 2000 and 2019. Based on studies showing the
effectiveness of enforced youth access laws, increasing the MLSA is likely to be particularly
effective in reducing tobacco usage among high school-aged youth by reducing their
access to commercial tobacco products. Studies have also indicated that older underage
youth (i.e. those who are closer to age 18) are more likely to succeed in buying tobacco in
stores. Further, high school friends and peers of legal age are an important social source of
commercial tobacco products for underage youth.
Under Minnesota state law, it is unlawful to sell licensed products to any person under the
age of 18. Minn. Stat. § 609.685, Minn. Stat. § 609.6855. State law does not prohibit local
jurisdictions from enacting a higher minimum legal sales age.
DiFranza, J R, Savageau, J. A., & Aisquith, B. F. (1996). Youth access to tobacco: the effects of age, gender, vending
machine locks, and “it’s the law” programs. American Journal of Public Health, 86(2), 221–224. DiFranza, Joseph R.,
Coleman, M. (2001). Sources of tobacco for youths in communities with strong enforcement of youth access
laws. Tobacco Control, 10(4), 323–328. DiFranza, Joseph R., Savageau, J. A., & Fletcher, K. E. (2009). Enforcement of
underage sales laws as a predictor of daily smoking among adolescents — a national study. BMC Public Health, 9(1),
107. Institute of Medicine. (2015). Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco
Products: Health and Medicine Division.
C) Self-service sales. No person shall allow the sale of licensed products by any self-service
displays where the customer may have access to those items without having to request
the item from the licensee or the licensee’s employee and where there is not a physical
exchange of the licensed product from the licensee or the licensee’s employee to the
customer. All licensed products must be stored behind the sales counter, in another 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 licensed products at the time this ordinance is
adopted must comply with this section within 90 days of the effective date of this ordinance.
D) Flavored products. No person shall sell or offer for sale any flavored products. This
prohibition does not apply to retail establishments that:
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 16
1) Prohibit persons under 21 from entering at all times;
2) Derive at least 90 percent of their gross revenues from the sale of licensed products; and
3) Meet all of the following building or structural criteria:
a) Shares no wall with, and has no part of their structure adjoined to any other
business or retailer, unless the wall is permanent, completely opaque, and without
doors, windows, and pass-throughs to the other business or retailer;
b) Shares no walls with, and has no part of their structure directly adjoined to,
another licensed tobacco retailer; and
c) Is accessible by the public only by an exterior door.
Any retail establishment that sells flavored products must provide financial records
documenting its annual sales, upon request by the city.
Sales of Flavored Products
Research demonstrates that flavored tobacco products are especially attractive to youth.
These products increase initiation among all populations by masking the harsh taste of
tobacco and nicotine. Flavors like menthol and clove also provide a numbing effect that
lead to longer breath-holding. This makes quitting flavored tobacco products difficult.
Overwhelmingly, youth begin using tobacco with flavored products. Restricting the sale of
flavored tobacco products to stores that youth and young adults cannot enter can reduce
youth access to, and advertisements for, flavored products.
Many Minnesota jurisdictions have restricted the sale of flavored tobacco products
by using the exemptions above. In response, some tobacco retailers have divided their
establishment into two stores, separated by a wall or other structural divider. This results
in a 21 year+ licensed tobacco retailer on one side that sells flavored tobacco products and
a licensed tobacco retailer on the other side that sells only unflavored tobacco products.
Adding structural requirements, as suggested in this model ordinance, would place
limitations upon such practices.
For more information, please review our publication: Regulating Flavored Tobacco Products.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 17
E) Cigars. No person shall sell or offer to sell any cigar that is not within its intended retail
packaging containing a minimum of [ five ] cigars and for a sales price, after any discounts
are applied and before sales taxes are imposed, of less than [ $12.50 ] per package. This
provision does not prohibit the sale of a single cigar with a sales price, after any discounts
are applied and before sales taxes are imposed, of at least [ $4.00 ].
F) Imitation tobacco products. No person shall sell, offer to sell, or otherwise distribute any
imitation tobacco products within the city.
G) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid
contains nicotine, which is intended for human consumption and use in an electronic
delivery device, in packaging that is not child-resistant. Upon request by the city, a
licensee must provide a copy of the certificate of compliance or full laboratory testing
report for the packaging used.
H) Price promotion and coupon redemption. No person shall accept or redeem any coupon
or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any
other form, that provides any licensed products to a consumer at no cost or at a price that
is less than the non-discounted, standard price listed by a retailer on the item or on any
related shelving, posting, advertising, or display at the location where the item is sold or
offered for sale, including all applicable taxes.
Product Discounts
The price of tobacco products directly affects the consumption levels, particularly among
price-sensitive consumers, including youth, young adults, and those with limited financial
means. The commercial tobacco industry uses innovative pricing strategies to entice
new customers to purchase their products, to discourage current users from quitting,
and to reduce the effectiveness of tobacco tax increases in decreasing tobacco sales
and increasing users’ quit attempts. These pricing strategies include “buy-one-get-one”
coupons, cents- or dollar-off promotions, and multi-pack offers, which are often marketed
and redeemed at the point-of-sale. Jurisdictions can prohibit the redemption of these
price discounts to negate the sophisticated discounting strategies of the commercial
tobacco industry. Please see our publication, Death on a Discount: Regulating Tobacco
Product Pricing, for more information on product pricing.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 18
Section 7. Responsibility.
All licensees are responsible for the actions of their employees in regard to the sale, offer to
sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or
furnishing of any licensed product by an employee shall be considered an act of the licensee.
Nothing in this section shall be construed as prohibiting the city from also subjecting the
employee to any civil penalties that the city deems to be appropriate under this ordinance,
state or federal law, or other applicable law or regulation.
Section 8. Compliance Checks and Inspections.
All licensed premises must be open to inspection by law enforcement or other authorized city
officials during regular business hours. From time to time, but at least [ twice ] per year, the city
will conduct compliance checks. In accordance with state law, the city will conduct [ at least one
compliance check that involves the participation of two persons: one person between the ages of
15 and 17 and one person between the ages of 18 and 20 ] [ at least one compliance check that
involves the participation of a person between the ages of 15 and 17 and at least one compliance
check that involves the participation of a person between the ages of 18 and 20 ] to enter
licensed premises to attempt to purchase licensed products. Prior written consent is required for
any person under the age of 18 to participate in a compliance check. Persons used for the purpose
of compliance checks will be supervised by law enforcement or other designated personnel.
Compliance Checks
State law requires every local licensing authority to conduct at least one compliance
check each year. This state-mandated compliance check “must involve minors over the
age of 15, but under the age of 18.” It appears that cities with T21 laws can conduct this
annual compliance check to both satisfy state law and to enforce its local T21 policy. To
do so, a municipality could either conduct at least one compliance check with a person
between the ages of 15 and 17 and a person between the ages of 18 and 20, or conduct
more than one compliance check — at least one check with a person between the ages of
15 and 17 and at least one additional check with a person between the ages of 18 and 20.
Above, the bracketed language identifies two options that the city could choose and only
one option should be retained in a final licensing ordinance.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 19
Section 9. Other Prohibited Acts.
Unless otherwise provided, the following acts are an administrative violation of this ordinance:
A) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21
years of age or older to purchase or otherwise obtain any licensed product on behalf of a
person under the age of 21. It is also a violation for any person 21 years of age and older to
coerce or attempt to coerce a person under the age of 21 to illegally purchase or attempt
to purchase any licensed product.
B) Use of false identification. It is a violation of this ordinance for any person to use any form
of false identification, whether the identification is that of another person or has been
modified or tampered with to represent an age older than the actual age of the person
using that identification.
Penalizing Underage Purchase, Use, and Possession and the Use of a False Identification
Prohibiting the attempted and actual possession, use, and purchase (PUP) of licensed
products by underage persons or the use of a false ID to purchase tobacco products is a
part of many local Minnesota ordinances. However, this model ordinance does not include
penalties for underage PUP and only provides non-criminal, non-monetary penalties for
the use of false IDs.
At its core, a licensing ordinance is intended to regulate the behavior of licensees.
Penalizing underage persons detracts from the focus of the licensing code and siphons
enforcement resources away from the licensees to young consumers, many of whom are
addicted to nicotine. A 2017 Minnesota Annual Synar Report on youth access enforcement
found that underage persons were cited 3.6 times, and assessed fines 2.6 times, more
often than retailers. It is important to note that, even if PUP provisions are not included in
an ordinance, retailers have the authority to ask underage persons to leave the premises if
they attempt to purchase products.
There is no strong evidence to support an assertion that PUP penalties are effective in
significantly reducing youth smoking. Historically, these laws were lobbied for by the
commercial tobacco industry to punish youth users while the industry simultaneously
targeted, and continues to target, youth to replace a dying consumer base and maintain
profits in a dwindling market.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 20
Penalizing Underage Purchase, Use, and Possession and the Use of a False
Identification (continued)
Furthermore, many advocates are concerned that PUP penalties open the door to
selective enforcement against youth from certain racial, ethnic, and socio-economic
groups. Evidence suggests that youth of color in Minnesota are disproportionately
over-represented in similar status-level offenses, increasing their interactions with
law enforcement and resulting in their introduction to the criminal justice system.
Finally, Minnesota law currently penalizes PUP and the use of false IDs and no further
enforcement is needed at the local level.
Some of these concerns may be alleviated by offering alternative non-criminal, non-
monetary penalties as suggested below in section 11(B)(3).
For further reading on the history of PUP laws and the disproportionate enforcement
of laws against youth of color and indigenous youth, please see Minnesota Juvenile
Justice Advisory Committee’s report, 2016 Annual Report to Governor Mark Dayton and
the Minnesota State Legislature (2016) and Wakefield, M., & Giovino, G. (2003). Teen
penalties for tobacco possession, use, and purchase: evidence and issues. Tobacco Control,
12(suppl 1), i6–i13.
Section 10. Exceptions and Defenses.
A) Religious, Spiritual, or Cultural Ceremonies or Practices. Nothing in this ordinance prevents
the provision of tobacco or tobacco-related devices to any person as part of an indigenous
practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.
B) Reasonable Reliance. It is an affirmative defense to a violation of this ordinance for a
person to have reasonably relied on proof of age as described by state law.
Section 11. Violations and Penalties.
A) Violations.
1) Notice. A person violating this ordinance may be issued, either personally or by
mail, a citation from the city that sets forth the alleged violation and that informs the
alleged violator of his or her right to a hearing on the matter and how and where a
hearing may be requested, including a contact address and phone number.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 21
2) Hearings.
a) Upon issuance of a citation, a person accused of violating this ordinance may
request in writing a hearing on the matter. Hearing requests must be made within 10
business days of the issuance of the citation and delivered to the City Clerk or other
designated city officer. Failure to properly request a hearing within 10 business days
of the issuance of the citation will terminate the person’s right to a hearing.
b) The City Clerk or other designated city officer will set the time and place for the
hearing. Written notice of the hearing time and place will be mailed or delivered to
the accused violator at least 10 business days prior to the hearing.
3) Hearing Officer. The City Council will designate a hearing officer. The hearing officer
will be an impartial employee of the city or an impartial person retained by the city to
conduct the hearing.
4) Decision. A decision will be issued by the hearing officer within 10 business days of
the hearing. If the hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officer’s reasons for finding a violation
and the penalty to be imposed, will be recorded in writing, a copy of which will be
provided to the city and the accused violator by in-person delivery or mail as soon as
practicable. If the hearing officer finds that no violation occurred or finds grounds for
not imposing any penalty, those findings will be recorded and a copy will be provided
to the city and the acquitted accused violator by in-person delivery or mail as soon
as practicable. The decision of the hearing officer is final, subject to an appeal as
described in section 11, division (A)(6) of this section.
5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in
holding the hearing up to a maximum of [ $1,000 ] must be paid by the person
requesting the hearing.
6) Appeals. Appeals of any decision made by the hearing officer must be filed in
County district court within 10 business days of the date of the decision.
7) Continued violation. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
December 2018
www.publichealthlawcenter.org Minnesota City Retail Tobacco Licensing Ordinance 22
B) Administrative penalties.
1) Licensees. Any licensee found to have violated this ordinance, or whose employee
violated this ordinance, will be charged an administrative fine of [ $200 ] for a first
violation; [ $500 ] for a second offense at the same licensed premises within a 24-month
period; and [ $750 ] for a third or subsequent offense at the same location within a
24-month period. Upon the third violation, the license will be suspended for a period of
not less than [ 30 ] consecutive days. Upon a fourth violation, the license will be revoked.
2) Other individuals. Individuals, other than persons under the age of 21 regulated by
division (B)(3) of this section, who are found to be in violation of this ordinance will
be charged an administrative fine of [ $50 ].
3) Persons under the Age of 21. Persons under the age of 21 who use a false
identification to purchase or attempt to purchase licensed products may only be
subject to non-criminal, non-monetary civil penalties such as tobacco-related
education classes, diversion programs, community services, or another penalty
that the city determines to be appropriate. The City Council will consult with court
personnel, educators, parents, children and other interested parties to determine an
appropriate penalty for persons under the age of 21 in the city. The penalty may be
established by ordinance and amended from time to time.
4) Statutory penalties. If the administrative penalty authorized to be imposed by Minn.
Stat. § 461.12, as it may be amended from time to time, differ from that established in
this section, then the higher penalty will prevail.
C) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking
prosecution as a misdemeanor for any alleged violation of this ordinance by a person 21
years of age or older.
Section 12. Severability.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or provision.
Section 13. Effective Date.
This ordinance becomes effective on the date of its publication, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended
from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may
be amended from time to time.
December 2018
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