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Notice of Proposed Ordinance Tobacco No. 14 3rd Series and No. 16 3rd Series

NOTICE OF PROPOSED ORDINANCE

YOU ARE HEREBY NOTIFIED that the City of Paynesville is considering the following proposed Ordinance at 6:00 p.m. on August 10, 2020 at their Regular City Council meeting:

ORDINANCE NO. 14, 3RD SERIES

AN ORDINANCE OF THE CITY OF PAYNESVILLE, MINNESOTA, AMENDING CITY CODE CHAPTER 10 ENTITLED “BUSINESSES” BY ADDING TO ARTICLE III ENTITLED “SPECIFIC BUSINESSES”, DIVISION 4 ENTITLED “TOBACCO”; AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1, SECTION 1-11 ENTITLED “VIOLATION A MISDEMEANOR UNLESS OTHERWISE STATED”, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.

THE CITY COUNCIL OF PAYNESVILLE, MINNESOTA, ORDAINS:

            SECTION 1.  City Code, Chapter 10, entitled “Businesses” and Article III thereof entitled “Specific Businesses”, is hereby amended to add Section 10.67 entitled “Tobacco” to read as follows:

ARTICLE III. – SPECIFIC BUSINESSES

DIVISION 4.  TOBACCO

            Sec. 10.134.  Findings & Purpose.  The City recognizes that the sale of commercial tobacco, tobacco-related devices, and electronic delivery devices, nicotine or lobelia delivery products to persons under the age of 21 violates both State and Federal Law, and that studies which the City accepts and adopts, have shown that high school use of any commercial tobacco product has increased in Minnesota; and because nearly 90% of people who smoke begin smoking before they reach the age of 18, and that almost no one starts smoking after the age of 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 of targeting 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 products availability, advertising, and price promotions at tobacco retail environments; and because tobacco use has been shown to be the cause of many serious health problems which place a financial burden on government and individuals, this Ordinance is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, nicotine or lobelia delivery products.

            In making these findings, the Council accepts the conclusions and recommendations of the U.S. Surgeon General’s reports, E-cigarette Use Among Youth and Young Adults (2016), The Health Consequences of Smoking – 50 Years of Progress (2014), Preventing Tobacco Use Among Youth and Young Adults (2012), Tobacco Use Among Middle and High School Students – United States, 2011-2015 (2016), and numerous other studies on the ill-effects of tobacco use by youth and young adults.

            Sec. 10.135. 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:

                        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. Section 297F.01, Subd. 3, as it 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.  This involves 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.

                        Delivery Sale.  The sale of any licensed product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail establishment.  Delivery Sale includes but is not limited to the sale of any licensed product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service.  Delivery Sale includes delivery by licensees or third parties by any means, including curbside pick-up.

                        Electronic 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 nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs”, “devices”, or “combination products”, as defined in the Federal Food, Drug and Cosmetic Act.

                        Licensed Products.  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 single or individually packaged cigarettes.

                        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 that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions.

                        Nicotine or Lobelia Delivery Product.  Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section.  Nicotine or Lobelia Delivery Product does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs”, “devices”, or “combination products”, as defined by the Federal Food, Drug and Cosmetic Act.

                        Retail Establishment.  Any place of business where licensed products are available for sale to the general public.  Retail Establishment includes but is not limited to grocery stores, tobacco products shops, convenience stores, liquor stores, gasoline 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 a retail establishment in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee and where a physical exchange of the licensed product from the licensee or the licensee’s employee to the customer is not required in order to access the licensed products. 

                        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 nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed for sale as “drugs”, “devices”, or “combination products”, as defined in the Federal Food, Drug and Cosmetic Act.

                        Tobacco-Related Device.  Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products.  Tobacco-Related Device includes components of tobacco-related devices or tobacco products, which may be marketed or sold separately.  Tobacco-Related Devices may or may not contain tobacco.

                        Vending Machine.  Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment into or onto the device by the person seeking to purchase the licensed product.

                        Sec. 10.136.  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 Administrator 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 Administration 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.

                        e)  Revocation or Suspension.  Any license issued may be suspended or revoked as set forth herein.

                        f)  Transfers.  All licenses issued are valid only on the premises for which the license was issued and only for the licensee to whom the license was issued.  The transfer of any license to another location or person is prohibited.

                        g)  Display.  All licenses must be posted and displayed at all times in plain view of the general public in the retail establishment.

                        h)  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.

                        i)  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.

                        j)  Smoking Prohibited.  Smoking, including smoking for purposes of sampling licensed products, is prohibited within the indoor area of any retail establishment licensed under this Ordinance.

                        k)  Samples Prohibited.  No person shall distribute samples of any licensed product free of charge or at a nominal cost.  The distribution of licensed products as a free-will donation is prohibited.

                        Sec. 10-137.  Fees.  No license shall be issued under this Ordinance until the appropriate license fees are paid in full.  The fees will be established by the City’s fee scheduled adopted by Resolution, and may be amended from time to time.          

                        Sec. 10-138. 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 the age of 21.

                                    2)  The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to 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.

                                    4)  The applicant fails to provide any information required on the licensing application, or provides false or misleading information.

                                    5)  The application is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license.

                                    6)  The business for which the license is requested is a moveable place of business.  Only fixed-location retail establishments are eligible to be licensed.

                        (b)  If a license is mistakenly issued or renewed to a person, the City will revoke the license 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.

                        Sec. 10-139.  Prohibited Sales.

                        (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.

                                    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 means of self-service display.  All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. 

                                    5  By means of delivery sales.  All sales of licensed products must be conducted in person, in a licensed retail establishment, in over-the-counter sales transactions.

                                    6)  By any other means, to any other person, or 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 containing the bearer’s date of birth 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, age verification requirement, and possible penalties for underage sales 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.

                        (b)  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 used in an electronic delivery device, in a package that is not child resistant. 

                        Sec. 10-140.  Responsibility.  All licensees are responsible for the actions of their employees regarding 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 the act of the licensee.  Nothing in this section shall be construed as prohibiting the City from also subjecting the employee to whatever penalties are appropriate under this Ordinance, state or federal law, or other applicable law or regulation.

                        Sec. 10-141.  Compliance Checks & 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 once per year, the City will conduct compliance checks.  In accordance with state law, the City will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase licensed products.  Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in the compliance checks.  Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel.

            Sec. 10-142.  Other Prohibited Acts.  Unless otherwise provided, the following acts are a 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 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 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.

            Sec. 10-143.  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 in Minnesota Statute Section 340A.503, Subd. 6.

            Sec. 10-144.  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 their right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number.

                        2)  Hearings.   Upon issuance of a citation, a person accused of violating this Ordinance may request in writing a hearing on the matter.  The City Administrator shall schedule the hearing as promptly as practicable and notify the accused person of the date, time and place of the hearing.

                        3)  Hearing Officer.  The City Council, or its designed, shall serve as the hearing officer.

                        4)  Decision.  A decision will be issued by the Hearing Officer within 10 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 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 only to an appeal to District Court as provided below.

                        5)  Costs.  If the citation is upheld by the Hearing Officer, the City’s actual expenses in holding the hearing must be paid to the person requesting the hearing.

                        6)  Appeals.  Appeals of any decision made by the Hearing Officer or the City Council must be filed in Stearns County District Court within 10 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.

                        (b)  Administrative Penalties.

                                    1)  Licensees.  Any licensee cited for violating this Ordinance, or whose employee has violated this Ordinance, will be charged an administrative fine of not less than $75.00 for the first violation of this Ordinance, not less than $200.00 for the second violation of this Ordinance within a 24-month period, and not less than $250.00 for a third or subsequent violation at the same location within a 36-month period.  Upon a third violation, the license will be suspended for a period of not less than 7 consecutive days and may be revoked.  Upon a fourth violation within a 36-month period, the license shall be revoked.  The minimum fine for underage sales is $300.00 for the first violation within a 36-month period; $600.00 for a second violation within a 36-month period; and $1,000.00 for a third violation within a 36-month period.

                                    2)  Employees of Licensees and Other Individuals.  Individuals, other than persons under the age of 21 found to be in violation of this Ordinance, may be charged an administrative fine of $50.00 for the first violation within 36 months; $100.00 for a second violation within 36 months; and $200.00 for a third violation within 36 months.

                                    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 or remedies such as tobacco-related education classes, diversion programs, community service, or other non-monetary, civil penalty that the City determines to be appropriate.  The remedies for a person under 21 who uses false identification to purchase or attempt to purchase licensed products may be established by Resolution and amended from time to time.

                                    4)  Statutory Penalties.  If the administrative penalty for a violation against the licensed retailer and authorized to be imposed by Minnesota Statute Section 461.12, as it may be amended from time to time, differs 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 an alleged second violation of this Ordinance by a person 21 years of age or older within five (5) years of a previous conviction under this Ordinance.

            Sec. 10-145.  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. 10-146.  Effective Date.  This Ordinance becomes effective on the date of publication.

            SECTION 2.  The City Council determines that the text of the summary of this Ordinance marked “Official Summary of Ordinance No. 14, 3rd Series, and a copy of which is attached to this Ordinance, clearly informs the public of the intent and effect of this Ordinance.  The Council further determines that publication of the title and this summary will clearly inform the public of the intent and effect of this Ordinance.  The City Administrator shall file a copy of this Ordinance and the summary in the City Administrator’s office, which shall be available for inspection by any person during regular business hours.  A copy of this Ordinance shall be available in the community library, if there is one, or if not, in any other public location which the Council designates.

            SECTION 3.  City Code, Chapter 1, entitled “General Provisions” and 1-11 entitled “Violation, a Misdemeanor Unless Otherwise Stated”, are hereby adopted in their entirety by reference as though repeated verbatim herein.

            A copy of said Ordinance is available for review by any person during regular City Hall office hours (8:30 a.m. to 4:30 p.m. Monday – Friday).

Posted this 30th day of July, 2020.


NOTICE OF PROPOSED ORDINANCE

YOU ARE HEREBY NOTIFIED that the City of Paynesville is considering the following proposed Ordinance at 6:00 p.m. on August 10, 2020 at their Regular City Council meeting:

ORDINANCE NO. 16, 3RD SERIES

            AN ORDINANCE OF THE CITY OF PAYNESVILLE, MINNESOTA, AMENDING CITY CODE CHAPTER 20 ENTITLED “OFFENSES” BY AMENDING ARTICLE II ENTITLED “MINORS” AND SECTION 20-37 ENTITLED “TOBACCO AND TOBACCO-RELATED PRODUCTS”; AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1, SECTION 1-11, ENTITLED “VIOLATION A MISDEMEANOR UNLESS OTHERWISE STATED” WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.

            THE CITY COUNCIL OF PAYNESVILLE, MINNESOTA ORDAINS:

            Section 1.  City Code, Chapter 20, entitled “Offenses”, in Article II thereof entitled “Minors”, and specifically Section 20-37 entitled “Tobacco and Tobacco-Related Products”, is hereby amended to read as follows:

            ARTICLE II.  TOBACCO AND TOBACCO-RELATED PRODUCTS.

            Sec. 20-37.  – Tobacco and Tobacco-Related Products.

                        (a)  Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

                        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 devices include, but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, vape pen, 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 & Cosmetic Act, that are authorized for sale by the United States Food & Drug Administration.

                        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.  The term “tobacco” excludes any drug, device or combination products, as those terms are defined by the Federal Food, Drug & Cosmetics Act, that are authorized for sale by the United States Food and Drug Administration.

                        Tobacco Product Shop means a retail establishment that has an entrance door opening directly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives 90% of its gross revenue from sale of tobacco, tobacco-related devices, electronic delivery devices, as defined in Section 609.85 of Minnesota Statutes, in which the sale of other products is merely incidental.  Tobacco Product Shop does not include a tobacco department or section of an individual business establishment with any type of liquor, food or restaurant license.

             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 tobacco or tobacco products.  The term “tobacco-related devices” includes e-cigarette, hookah pipes and other delivery devices, and components of tobacco-related devices which may be marketed or sold separately.

            (b)  Prohibited Sales.  It is unlawful to sell tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years.  It is an affirmative defense to a charge under this section if the defendant proves by a preponderance of evidence that the defendant reasonably and in good faith relied on proof of age as described in M.S.A. 340A.503, Subd. 6.

            (c)  Furnishing to a Person Under the Age of 21 Prohibited.  It is unlawful to furnish tobacco, tobacco-related device, or electronic delivery devices to a person under the age of 21 years.  Any person 21 years of age or older who sells, gives, or otherwise furnishes to a person under the age of 21 a product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such product, that is not tobacco or an electronic delivery device as defined in Section 609.685 of Minnesota Statutes is guilty of a petty misdemeanor for the first violation.  Whoever violates this subdivision a subsequent time within 5 years of a previous conviction is guilty of a misdemeanor, unless the product is a drug, device or combination product, as those terms are defined in the Federal Food, Drug & Cosmetic Act, that is authorized for sale by the United States Food & Drug Administration.

            (d)  Purchase or Attempt to Purchase.  A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices, and who uses a driver’s license, permit, state identification card, or any type of false identification to misrepresent the person’s age, shall be guilty of a petty misdemeanor for the first violation.  Any person under 21 who violates this subdivision a subsequent time within five (5) years of a previous conviction, is guilty of a misdemeanor.  No penalty shall apply to a person under the age of 21 who purchases or attempts to purchase these products while under the direct supervision of a responsible adult for training, education, research or enforcement purposes.

            (e)  Possession By a Person Under the Age of 21 Prohibited.  It is unlawful for any person under the age of 21 years to possess, smoke, chew or otherwise ingest tobacco, use tobacco-related devices or electronic delivery devices.

            (f)  Exceptions.  This section does not apply to:

                        (1)  An indigenous person under the age of 18 years if the tobacco is furnished as part of a lawfully recognized, religious, spiritual or cultural ceremony or practice.   

                        (2)  A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

            (g)  Seizure of False Identification.  A retailer may seize a form of identification if the retailer reasonably believes that the form of identification has been altered or falsified, or is being used to violate any law.  A retailer that seizes a form of identification as authorized under this section shall deliver it to the City Police Department within 24 hours after seizing it.

            (h)  Tobacco Products Prohibited in Public Schools.  No person shall at any time smoke, chew or otherwise ingest tobacco, carry or use an activated electronic delivery device as defined in Section 609.685, Subd. 1, of Minnesota Statutes, in a public school as defined in Section 12A.05, Subd. 9, 11 and 13 of Minnesota Statutes, or in a charter school governed by Chapter 124E.  This prohibition extends to all facilities, whether owned, rented or leased, and all vehicles that the school district owns, leases, rents, or contracts for, or controls.  Nothing in this section shall prohibit the lighting of tobacco as part of an indigenous practice or lawfully recognized, religious, spiritual or cultural ceremony.   

            Section 2This Ordinance shall take effect and be in force upon its passage, adoption and publication.

            Section 3.  City Code, Chapter 1, entitled “General Provisions”, and Section 1-11 entitled
“Violation a Misdemeanor Unless Otherwise Stated” are hereby adopted in their entirety by reference, as though repeated verbatim herein.

            A copy of said Ordinance is available for review by any person during regular City Hall office hours (8:30 a.m. to 4:30 p.m. Monday – Friday).

Posted this 30th day of July, 2020.