HomeMy Public PortalAbout664 Ordinance Amending Chapter 6 of the City Code of Ordinances Regarding Tobacco, Tobacco-Related Devices, and Electronic Delivery DevicesOrdinance No. 664
December 15, 2020
1
CITY OF MEDINA
ORDINANCE NO. 664
An Ordinance Amending Chapter 6 of the City Code of Ordinances
Regarding Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices
The city council of the city of Medina ordains as follows:
SECTION I: Medina city code section 615 is amended by adding the double underlined
material and deleting the stricken material as follows:
CHAPTER 6
BUSINESS REGULATIONS AND LICENSES
615. TOBACCO, TOBACCO-RELATED DEVICES AND NICOTINE DELIVERY
PRODUCTS ELECTRONIC DELIVERY DEVICES.
Section 615.01. Purpose. The city recognizes that many minors underage persons purchase or
otherwise obtain, possess, and use tobacco, tobacco-related devices, or nicotine delivery products
electronic delivery devices, and such sales, possession, and use are violations of both state and
federal laws. Studies have shown that most smokers begin smoking before they have reached the
age of 18 years and that those persons who reach the age of 18 years without having started
smoking are significantly less likely to begin smoking. Smoking has been shown to be the cause
of several serious health problems which subsequently place a financial burden on all levels of
government. This ordinance is intended to regulate the sale, possession and use of tobacco,
tobacco-related devices, and nicotine delivery products electronic delivery devices for the purpose
of enforcing and furthering existing laws, to protect minors underage persons against the serious
effects associated with the use of tobacco, tobacco-related devices, and nicotine delivery products
electronic delivery devices and to further the official public policy of Minnesota in regard to
preventing young people from starting to smoke, as stated in Minnesota Statutes, section 144.391.
Section 615.03. Definitions and Interpretations. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted definitions. The following
terms shall have the definitions given to them:
Subd. 1. Tobacco. "Tobacco" means cigarettes and any product containing, made, or
derived from tobacco that is intended for human consumption, whether chewed, smoked,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any
component, part, or accessory of a tobacco product, including, but not limited to cigars;
cheroots; stogies; perique; granulated; plug cut, crimp cut, ready rubbed, and other smoking
tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing
tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other
kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination
products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, tobacco
Ordinance No. 664
December 15, 2020
2
product that has been approved that are authorized for sale by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a tobacco dependence
product, or for other medical purposes, and is being marketed and sold solely for such an
approved purpose.
Subd. 2. Tobacco-Related Devices. "Tobacco-related devices" means cigarette papers or
pipes for smoking or other devices intentionally designed or intended to be used in a
manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of
tobacco or tobacco products. Tobacco-related devices include components of tobacco-
related devices which may be marketed or sold separately.
Subd. 3. Self-Service Merchandising. "Self-Service Merchandising" shall mean open
displays of tobacco, tobacco-related devices, or nicotine delivery products electronic
delivery devices in any manner in which any person may have access to the tobacco,
tobacco-related devices or nicotine delivery products electronic delivery devices without
the assistance or intervention of the licensee or the licensee's employee. The assistance or
intervention shall entail the actual physical exchange of the tobacco, tobacco-related
devices or nicotine delivery products electronic delivery devices between the customer and
the licensee or employee. Self-service merchandising shall not include vending machines.
Subd. 4. Vending Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispenses tobacco, tobacco-related devices or
nicotine delivery products electronic delivery devices upon the insertion of money, tokens
or other form of payment directly into the machine by the person seeking to purchase the
tobacco, tobacco-related device or nicotine delivery product electronic delivery device.
Subd. 5. Individually Packaged. "Individually packaged" shall mean the practice of
selling any tobacco wrapped individually for sale. Individually wrapped tobacco 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
subdivision shall not be considered individually packaged.
Subd. 6. Loosies. "Loosies" shall mean a single or individually packaged cigarette.
Subd. 7. Minor. "Minor" shall mean any natural person who has not yet reached the age
of 18 years.
Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of business
in which tobacco, tobacco-related devices or nicotine delivery products electronic delivery
devices are available for sale to the general public, including but not be limited to, grocery
stores, convenience stores and restaurants.
Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall refer to any
business operated out of a mobile sales kiosk, kiosk, trailer, truck, van, automobile or other
Ordinance No. 664
December 15, 2020
3
vehicle or transportable shelter and not at a fixed address, store front or other permanent
structure authorized for sales transactions.
Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter or other
consideration, including giving goods away for free alone or in conjunction with other
goods or products.
Subd. 11. Compliance Checks. "Compliance Checks" shall mean the system used by the
city or any other jurisdiction to investigate and ensure that those licensed to sell tobacco,
tobacco-related devices and nicotine delivery products electronic delivery devices are
complying with the requirements of this ordinance or any state or federal law or regulation.
Compliance checks shall involve the use of minors underage persons as authorized by this
ordinance. Compliance checks shall also mean the use of minors underage persons who
attempt to purchase tobacco, tobacco-related devices, or nicotine delivery products
electronic delivery devices for educational, research and training purposes as authorized
by state or federal law.
Subd. 12. Nicotine Delivery Products. “Nicotine Delivery Products” shall mean any
product containing or delivering nicotine or lobelia intended for human consumption, or
any part of such a product, that is not tobacco or a tobacco-related device as defined by this
section. Nicotine delivery products excludes any product that has been approved by the
United States Food and Drug Administration for sale as a tobacco use cessation product,
harm reduction, or for medical purposes, and is being marketed and sold solely for such an
approved purpose. Electronic Delivery Device. "Electronic Delivery Device" means any
product containing or delivering nicotine, lobelia, or any other substance, whether natural
or synthetic, intended for human consumption through inhalation of aerosol or vapor from
the product. Electronic delivery device includes but is not limited to devices manufactured,
marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens,
modes, 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 excludes drugs, devices, or combination products, as
those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized
for sale by the United States Food and Drug Administration.
Subd. 13. Underage Person. "Underage Person" shall mean any natural person who has
not yet reached the age of 21 years.
Section 615.05. License. No person shall sell or offer to sell any tobacco, tobacco-related device
or nicotine delivery product electronic delivery device without first having obtained a license to
do so from the city in compliance with this section.
Subd. 1. Application. An application for a license to sell tobacco, tobacco-related devices
or nicotine delivery products electronic 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
Ordinance No. 664
December 15, 2020
4
receipt of a completed application, the clerk shall forward the application to the city council
for action at its next regularly scheduled meeting. If the clerk determines that an application
is incomplete, he or she shall return the application to the applicant with notice of the
information necessary to make the application complete.
Subd. 2. Action. The city council may either approve or deny the license, or it may delay
action for such reasonable period of time as may be necessary to complete any investigation
of the application or the applicant. If the city council approves the license, the 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.
Subd. 3. Term. Each license shall be issued for a period of one calendar year. If the
application is made during the license year, a license may be issued for the remainder of
the licensed year on a pro rata basis. Any unexpired fraction of a month shall be counted
as a complete month. Every license shall expire on December 31 of the license year.
Subd. 4. Revocation or Suspension. Any license issued under this ordinance may be
revoked or suspended as provided in sections 615.21 and 615.23 of this ordinance.
Subd. 5. Transfers. All licenses issued under this ordinance shall be valid only on the
premises for which the license was issued and only for the person to whom the license was
issued. No transfer of any license to another location or person shall be valid without the
prior approval of the city council.
Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
ordinance.
Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application. The request for a renewal shall be made by
the licensee at least thirty days but no more than sixty days before the expiration of the
current license. The issuance of a license issued under this ordinance shall be considered a
privilege and not an absolute right of the applicant and shall not entitle the licensee to an
automatic renewal of the license.
Subd. 9. Fees. No license shall be issued under this ordinance until the appropriate license
fee has been paid in full. The fee for a license under this chapter shall be set by ordinance
in the city fee schedule, as it may be amended from time to time.
Subd. 10. Notice to Commissioner. The clerk shall, within 30 days of the issuance of a
license, inform the commissioner of revenue of the licensee’s name, address, trade name,
and the effective and expiration dates of the license. The commissioner of revenue must
Ordinance No. 664
December 15, 2020
5
also be informed of a license renewal, transfer, cancellation, suspension, or revocation
during the license period.
Section 615.07. Basis for Denial or Revocation of License. The following shall be grounds for
denying the issuance or renewal of a license under this ordinance; however, except as may
otherwise be provided by law, the existence of any particular ground for denial does not mean that
the city council must deny the license:
Subd. 1. The applicant is a minor;
Subd. 2. The applicant has been convicted within the past five years of any violation of a
federal, state, or local law, ordinance provision or other regulation relating to tobacco,
tobacco-related devices or nicotine delivery products electronic delivery devices;
Subd. 3. The applicant has had a license to sell tobacco, tobacco-related devices or nicotine
delivery products electronic delivery devices revoked within the twelve months preceding
the date of application;
Subd. 4. The applicant fails to provide any information required on the application, or
provides false or misleading information; or
Subd. 5. The applicant is prohibited by federal, state, or other local law, ordinance or other
regulation from holding such a license.
If a license is mistakenly issued or renewed to a person, it may be revoked upon the discovery that
the person was ineligible for the license under this section.
Section 615.09. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or
offer to sell any tobacco, tobacco-related device or nicotine delivery product electronic delivery
device as follows:
Subd. 1. To any minor underage person;
Subd. 2. By means of any type of vending machine, except as may otherwise be provided
in this ordinance;
Subd. 3. By means of self-service merchandising;
Subd. 4. By means of loosies;
Subd. 5. 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; or
Ordinance No. 664
December 15, 2020
6
Subd. 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.
Section 615.11. Vending Machines. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco-related devices or nicotine delivery products
electronic delivery devices by the means of a vending machine unless minors underage persons
are at all times prohibited by law from entering the licensed establishment.
Section 615.13. Self-Service Merchandising. It shall be unlawful for a licensee under this
ordinance to allow the sale of tobacco, tobacco-related devices or nicotine delivery products
electronic delivery devices through self-service merchandising.
Section 615.15. Responsibility. All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco-related devices or nicotine
delivery products electronic delivery devices on the licensed premises. The sale of any such item
by an employee shall be considered a sale by the license holder and shall subject the license holder
to the provisions of sections 615.21 and 615.23 of this ordinance. Nothing in this section shall be
construed as prohibiting the city council from also subjecting the employee to appropriate penalties
under this ordinance, state or federal law, or other applicable law or regulation.
Section 615.17. Compliance Checks and Inspections. All licensed premises shall be open to
inspection by the city police or other authorized city official during regular business hours. From
time to time, but at least once per year, the city shall conduct compliance checks by engaging
minors underage persons over the age of 15 years but less than 18 years to enter the licensed
premise to at least 17 years of age, but under the age of 21, who, with the prior written consent of
a parent or guardian if the person is under the age of 18, attempt to purchase tobacco, tobacco-
related devices or nicotine delivery products electronic delivery devices under the direct
supervision of a law enforcement officer or an employee of the licensing authority. Minors used
for the purpose of compliance checks must have the written consent of their parents or guardians
and shall be supervised by city designated law enforcement officers or other designated city
personnel. Minors Underage persons used for compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco-related devices, or nicotine delivery products electronic delivery
devices when such items are obtained as a part of the compliance check. No minor underage person
engaged in a compliance check shall use or attempt to use false identification to misrepresent the
minor's person’s age. Minors Underage persons engaged in a compliance check shall answer
truthfully all questions about the minor's person’s age asked by the licensee or his or her employee
and shall produce any identification, if any exists, for which he or she is asked. Nothing in this
section shall prohibit compliance checks authorized by state or federal laws for educational,
research, or training purposes, or required for the enforcement of a particular state or federal law.
Section 615.19. Other Illegal Acts. Unless otherwise provided, the following acts shall be a
violation of this ordinance:
Subd. 1. Sales. For any person to sell or otherwise provide any tobacco, tobacco-related
device or nicotine delivery product electronic delivery device to any minor underage
person;
Ordinance No. 664
December 15, 2020
7
Subd. 2. Possession. For any minor to have in his or her possession any tobacco, tobacco-
related device or nicotine delivery product electronic delivery device, excluding any minor
lawfully involved in a compliance check;
Subd. 3. Use. For any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco-
related device or nicotine delivery product electronic delivery device;
Subd. 4. Procurement. For any minor to purchase or attempt to purchase or otherwise
obtain any tobacco, tobacco-related device or nicotine delivery product electronic delivery
device; for any person to purchase or otherwise obtain any such item on behalf of a minor;
or for any person to coerce or attempt to coerce a minor to purchase or otherwise obtain or
use any tobacco, tobacco-related device or nicotine delivery product electronic delivery
device in a manner contrary to law, excluding any minor lawfully involved in a compliance
check; and
Subd. 5. Use of False Identification. For any minor underage person to attempt to disguise
his or her true age by the use of a false form of identification, whether the identification is
that of another person or one on which the age of the person has been modified or tampered
with to represent an age older than the actual age of the person; and
Subd. 6. Tobacco Sampling. Tobacco sampling within a tobacco products shop as defined
by Minnesota Statute 144.4167, Subd. 4 is specifically prohibited.
Section 615.21. Violations.
Subd. 1. Notice. The city shall issue a notice of violation to any licensee, employee of the
licensee, or individual suspected of violating any provision of this ordinance. The notice
of violation shall be served on the licensee, employee of the licensee, or individual
personally or by mail. The notice shall contain the alleged violation and a statement
concerning the licensee's right to a hearing.
Subd. 2. Hearing. If a licensee, employee of the licensee, or individual accused of
violating this ordinance so requests, a hearing shall be scheduled before a hearing officer
at a time and place which shall be published and provided to the accused violator.
Subd. 3. Hearing Officer. The city council shall serve as the hearing officer in any hearing
requested under this section.
Subd. 4. Decision. Following the hearing, if the city council determines by a
preponderance of the evidence that a violation of this ordinance occurred, that decision,
along with the city council's reasons for finding a violation and the administrative penalty
to be imposed under section 615.23 of this ordinance, shall be recorded in writing, a copy
of which shall be provided to the accused violator. If the city council finds that no violation
occurred or finds grounds for not imposing any administrative penalty, such finding shall
be recorded and a copy provided to the accused violator.
Ordinance No. 664
December 15, 2020
8
Subd. 5. Appeals. Any final decision by the city council under this section may be
appealed to Hennepin County district court.
Subd. 6. Continued Violation. Each violation, and every day in which a violation occurs
or continues, shall constitute a separate offense under this ordinance.
Subd. 7. Criminal Prosecution. Nothing in this ordinance shall prohibit the city from
seeking criminal prosecution for any alleged violation of this ordinance in addition to the
administrative penalties specified herein.
Section 615.23. Administrative Penalties.
Subd. 1. Licensees. Any licensee who sells tobacco, tobacco-related devices or nicotine
delivery products electronic delivery devices to a minor an underage person or whose
employee sells tobacco, tobacco-related devices or nicotine delivery products electronic
delivery devices to a minor an underage person shall be charged an administrative fine of
$500 $300 for a first violation, $750 $600 for a second violation at the same licensed
premises within a 24 36 month period and $1,000 for a third or subsequent violation at the
same licensed premises within a 24 36 month period, subject to the right to a hearing before
the city council as provided in section 615.21 of this ordinance. Any licensee who sells
tobacco, tobacco-related devices or nicotine delivery products electronic delivery devices
to a minor an underage person or whose employee sells tobacco, tobacco-related devices
or nicotine delivery products electronic delivery devices to a minor an underage person
may also have his or her license suspended for up to 10 days for a first violation, up to 20
days for a second violation at the same licensed premises within a 24 36 month period, and
up to 30 days for a third or subsequent violation at the same licensed premises within a 24
36 month period, subject to the right to a hearing before the city council as provided in
section 615.21 of this ordinance.
Subd. 2. Employees of Licensees. Any employee of a licensee who sells tobacco, tobacco-
related devices or nicotine delivery products electronic delivery devices to a minor an
underage person shall be charged an administrative fine of up to $100 for a first violation,
up to $300 for a second violation within a 24 month period and up to $500 for a third or
subsequent violation within a 24 month period $50, subject to the right to a hearing before
the city council as provided in section 615.21 of this ordinance.
Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or
attempt to purchase, tobacco, tobacco-related devices or nicotine delivery products
electronic delivery devices, shall be required to attend an appropriate education session
concerning their violation and be required to serve up to 100 hours of community service,
as determined by the chief of police. Any minor aggrieved by a decision of the chief of
police in such instance may appeal the decision to the city council by providing written
notice to the clerk within 10 days of the date of receipt of written notice of the decision by
the chief of police.