2018-10-02 Council Work Session PacketCITY OF MENDOTA HEIGHTS CITY
COUNCIL WORK SESSION
AGENDA
October 2, 2018
2:00 pm
Mendota Heights City Hall
1. Open Session--Call to Order
2. Discussion on Tobacco 21
3. Adjourn
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. ____522
AN ORDINANCE AMENDING CITY CODE SECTION 3-2
TOBACCO SALES
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Section 3-2 of the City Code shall be amended by the following language:
Chapter 2
TOBACCO SALES
3-2-1: PURPOSE:
3-2-2: DEFINITIONS AND INTERPRETATION:
3-2-3: LICENSE:
3-2-4: LICENSE FEE:
3-2-5: GROUNDS FOR DENIAL OF LICENSE:
3-2-6: PROHIBITED SALES; ILLEGAL ACTS:
3-2-7: SELF-SERVICE SALES:
3-2-8: RESPONSIBILITY FOR EMPLOYEES:
3-2-9: COMPLIANCE CHECKS AND INSPECTIONS:
3-2-10: CIVIL ENFORCEMENT:
3-2-11: NOTICE OF VIOLATION:
3-2-12: PENALTIES:
3-2-13: HEARINGS AND APPEALS:
3-2-14: SEVERABILITY:
3-2-1: PURPOSE:
Because the City recognizes that:
A. Tobacco use 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 of tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery devices for the purpose
of enforcing and furthering existing laws, and to protect youth and young adults
against the serious effects associated with use and initiation.
B. The use of tobacco products has devastating health and economic consequences.
Tobacco use is the foremost preventable cause of premature death in America. It
Ord 522___ pg. 2 of 11
causes half a million deaths annually and has been responsible for 20.8 million
premature deaths in the U.S. over the past 50 years since the first Surgeon General’s
report on smoking in 1964. This leads to more than $300 billion in health care and
lost worker productivity costs each year. In Minnesota, smoking was responsible for
$3.19 billion in excess medical expenditures and the deaths of 6,312 individuals in
2014.
C. Youth and young people are particularly susceptible to the addictive properties of
tobacco products, and are particularly likely to become lifelong users. National data
show that about 95 percent of adult smokers begin smoking before they turn 21. The
ages of 18 to 21 are a critical period when many smokers move from experimental
smoking to regular, daily use. Electronic delivery device use among youth has
recently tripled. Young minds are particularly susceptible to the addictive properties
of nicotine. As a result, approximately 3 out of 4 teen smokers end up smoking into
adulthood.
D. Public health research and tobacco industry documents and marketing reveal that
tobacco companies have used fruit, candy, and alcohol flavors as a way to target
youth and young adults. The presence of flavors such as menthol mint, or
wintergreen in tobacco products can make it more difficult for youth, young adults,
and adult tobacco users to quit.
This ordinance is intended to regulate the sale of tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery products to protect the
public, especially youth and young adults, and to further the official public policy of the
state in regard to preventing 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); a BlueCross BlueShield of Minnesota report, “Health Care Costs and Smoking
in Minnesota: The Bottom Line” (2017); the Institute of Medicine in their study, “Public
Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products”
(2015); the Centers for Disease Control and Prevention in their studies, “Tobacco Use
Among Middle and High School Students—United States, 2011– 2015,” and “Selected
Cigarette Smoking Initiation and Quitting Behaviors Among High School Students,
United States, 1997”; and of the following scholars in these scientific journals: Xin Xu et
al., Annual Healthcare Spending Attributable to Cigarette Smoking: An Update, Am. J.
Prev. Med. 48(3): 326-33 (Mar. 2015); Giovino GA, “Epidemiology of Tobacco Use in
the United States,” Oncogene (2002) 21, 7326-40; Khuder SA, et al., “Age at Smoking
Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7,
September-October 1999; D’Avanzo B, et al., “Age at Starting Smoking and Number of
Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J &
Millar, WJ, “Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-
Ord 522___ pg. 3 of 11
46, Spring 1998; and Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent
Smoking Behavior Among U.S. High School Students,”
Because the city recognizes that many persons under the age of eighteen (18) years
purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco
related devices, electronic delivery devices, and nicotine or lobelia delivery devices, and
such sales, possession and use are violations of both state and federal laws; because
marketing and public health research and tobacco industry documents reveal that
tobacco companies have used fruit, candy, and alcohol flavors as a way to target
persons under 18 years of age and that the presence of flavors in tobacco products can
make it more difficult for persons under 18 years of age and adult tobacco users to quit;
and because studies, which the city hereby accepts and adopts, have shown that most
smokers begin smoking before they have reached the age of eighteen (18) years and
that those persons who reach the age of eighteen (18) years without having started
smoking are significantly less likely to begin smoking; and because smoking has been
shown to be the cause of several severe health problems which subsequently place a
financial burden on all levels of government; this chapter shall be intended to regulate
the sale, possession and use of tobacco, tobacco products, tobacco related devices,
electronic delivery devices, and nicotine or lobelia delivery devices for the purpose of
enforcing and furthering existing laws, to protect persons under 18 years of age against
the serious effects associated with the illegal use of tobacco, tobacco products, tobacco
related devices, electronic delivery devices, and nicotine or lobelia delivery devices, and
to further the official public policy of the state in regard to preventing persons under 18
years of age from starting to use tobacco products as stated in Minnesota statutes
section 144.391, public policy.
3-2-2: DEFINITIONS AND INTERPRETATION:
Except as may otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. The singular shall include the plural and the
plural shall include the singular; the masculine shall include the feminine and vice versa;
the term "shall" means mandatory and the term "may" means permissive. The following
terms shall have the definitions given to them:
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, tobacco products, tobacco related devices, electronic
delivery devices, and nicotine or lobelia delivery devices are following and complying
with the requirements of this chapter. Compliance checks shall involve the use of
persons under 18 21 years of age as authorized by this chapter. Compliance checks
shall also mean the use of persons under 18 21 years of age who attempt to purchase
tobacco, tobacco products, tobacco related devices, electronic delivery 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
other units of government for the purpose of enforcing appropriate federal, state or local
Ord 522___ pg. 4 of 11
laws and regulations relating to tobacco, tobacco products, tobacco related devices,
electronic delivery devices, and nicotine or lobelia delivery devices.
ELECTRONIC DELIVERY DEVICES: Any product containing or delivering nicotine,
lobelia, or any other substance 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 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 marketed and sold for such an approved purpose.
FLAVORED PRODUCT: Any tobacco, tobacco product, tobacco related device,
electronic delivery device, and nicotine or lobelia delivery device that contains a taste or
smell, other than the taste or smell of tobacco, menthol, mint, or wintergreen 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,
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 tobacco, tobacco product, tobacco related device, electronic delivery
device, and nicotine or lobelia delivery device , 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 tobacco, menthol,
mint, or wintergreen, 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 fifty percent (50%)
of the combined surface area of the vertical planes constituting the perimeter of the
area. A wall includes any retractable divider, garage door, or other physical barrier,
whether temporary or permanent.
LOOSIES: The common term used to refer to a single or individually packaged cigarette
or any other tobacco product that has been removed from its packaging and sold
individually. The term "loosies" does not include individual cigars with a retail price,
before any sales taxes, of more than two dollars ($2.00) per cigar.
MOVABLE PLACE OF BUSINESS: Any form of business operated out of a truck, van,
automobile, or other type of vehicle or transportable shelter and not a fixed address
storefront or other permanent type of structure authorized for sales transactions.
Ord 522___ pg. 5 of 11
NICOTINE OR LOBELIA DELIVERY DEVICES: Any product containing or delivering
nicotine or lobelia intended for human consumption, or any part of such a product, that
is not tobacco as defined in this section, not including any product that has been
approved or otherwise certified for legal sale by the United States food and drug
administration for tobacco use cessation, harm reduction, or for other medical purposes,
and is being marketed and sold solely for that approved purpose.
RETAIL ESTABLISHMENT: Any place of business where tobacco, tobacco products,
tobacco related devices, electronic delivery device, or nicotine or lobelia delivery
devices are available for sale to the general public. The phrase shall include, but not be
limited to, grocery stores, convenience stores, restaurants, and drugstores.
SALE: Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING: Open displays of tobacco, tobacco products,
tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery
devices in any manner where any person shall have access to the tobacco, tobacco
products, tobacco related devices, or nicotine or lobelia delivery devices, without the
assistance or intervention of the licensee or the licensee's employee. Such assistance
or intervention shall involve the actual physical exchange of the tobacco, tobacco
product, tobacco related device, electronic delivery device, or nicotine or lobelia delivery
devices 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. "Self-service merchandising" shall not
include vending machines.
SMOKING: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette,
or pipe, or any other lighted or heated product, whether natural or synthetic, containing,
made, or derived from nicotine, tobacco, marijuana, or other plant, that is intended for
inhalation. Smoking also includes carrying or using an activated electronic delivery
device.
TOBACCO OR TOBACCO PRODUCTS: Tobacco and tobacco products includes
cigarettes and any product containing, made, or derived from tobacco that is intended
for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, or any component, part, or accessory
of a tobacco product; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco;
cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping
tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds
or forms of tobacco. Tobacco excludes any tobacco product that has been approved by
the United States food and drug administration for sale as a tobacco cessation product,
as a tobacco dependence product, or for other medical purposes, and is being
marketed and sold solely for such an approved purpose.
TOBACCO RELATED DEVICES: Any tobacco product as well as a pipe, rolling papers,
or other device intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products. Tobacco related
Ord 522___ pg. 6 of 11
devices also includes components of tobacco-related devices which may be marketed
or sold separately.
VENDING MACHINE: Any mechanical, electric or electronic, or other type of self-
service device which, upon the insertion of money, tokens or other form of payment,
dispenses the tobacco, tobacco product or tobacco related devices and includes
vending machines equipped with manual, electric or electronic locking devices.
3-2-3: LICENSE:
A. License Required: No person shall sell or offer to sell any tobacco, tobacco products
or tobacco related device, electronic delivery device, or nicotine or lobelia delivery
device without first having obtained a license to do so from the city clerk or other
such city office which the city council may from time to time designate to carry out
the duties of the city clerk set forth in this chapter.
B. Application: An application for a license to sell tobacco, tobacco products, tobacco
related devices, electronic delivery device, or nicotine or lobelia delivery devices
shall be made on a form provided by the city. The application shall contain the full
name of the applicant, the applicant's residential and business addresses and
telephone numbers, the name of the business for which the license is sought, and
any additional information the city deems necessary. Upon receipt of a completed
application, the city clerk shall forward the application to the city council for action at
its next regularly scheduled city council meeting. If the city clerk shall determine that
an application is incomplete, he or she shall return the application to the applicant
with notice of the information necessary to make the application complete.
C. Action: The city council may either approve or deny the license, or it may delay
action for a reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. If the city council 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.
D. Term: All licenses issued under this section shall expire on December 31 of the year
of issuance.
E. Revocation Or Suspension: Any license issued under this section may be revoked or
suspended as provided in this chapter.
F. Transfers: All licenses issued under this section shall be valid only on the premises
for which the license was issued and only for the person to whom the license was
issued. No transfer of any license to another location or person shall be valid without
the prior approval of the city council.
G. Movable Place Of Business: No license shall be issued to a movable place of
business. Only fixed location businesses shall be eligible to be licensed under this
section.
Ord 522___ pg. 7 of 11
H. Display: All licenses shall be posted and displayed in plain view of the general public
on the licensed property.
I. Renewals: The renewal of a license issued under this section shall be handled in the
same manner as the original application. The request for a renewal shall be made at
least thirty (30) days but no more than sixty (60) days before the expiration of the
current license.
J. Minimum clerk age: Individuals employed by a person licensed under this ordinance
must be at least 21 years of age to sell licensed products.
JK. Issuance As Privilege And Not A Right: The issuance of a license under this section
shall be considered a privilege and not an absolute right of the applicant and shall
not entitle the holder to an automatic renewal of the license.
KL. Smoking Not Permitted: 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, tobacco products, tobacco related devices,
electronic delivery devices, and nicotine or lobelia delivery devices is prohibited.
LM. E-Cigarettes: Smoking of e-cigarettes, or electronic delivery devices as defined
herein, is prohibited in any area that Minnesota state statute restricts the smoking of
tobacco products.
3-2-4: LICENSE FEE:
No license shall be issued under this chapter until the appropriate license fee is paid in
full. The license fee will not be prorated for any applicants. The fee for a license under
this chapter shall be set in accordance with a fee schedule adopted by the city council.
3-2-5: GROUNDS FOR DENIAL OF LICENSE:
The following shall be grounds for denying the issuance or renewal of a license under
this chapter. The following list is not exhaustive or exclusive:
A. The applicant is under the age of eighteen twenty-one (2118) years.
B. The applicant has been convicted within the past five (5) years of any violation of a
federal, state, or local law, ordinance provision, or other regulation relating to
tobacco, tobacco products, tobacco related devices, electronic delivery devices, or
nicotine or lobelia delivery devices.
C. The applicant or license holder has had a license to sell tobacco, tobacco products or
tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery
devices revoked within the preceding twelve (12) months of the date of application or
is subject to penalties under section 3-2-12 of this chapter.
Ord 522___ pg. 8 of 11
D. The applicant or license holder fails to provide any of the information required on the
application or provides false or misleading information.
E. The applicant or license holder is prohibited by federal, state or other local law,
ordinance or regulation from holding such a license.
F. The applicant or license holder has outstanding fines, penalties, or property taxes
owed to the city.
3-2-6: PROHIBITED SALES; ILLEGAL ACTS:
A. Sales Prohibited:
1. It shall be a violation of this chapter for any person to sell, offer for sale, give away,
furnish or otherwise deliver tobacco, tobacco products, tobacco related devices,
electronic delivery devices, or nicotine or lobelia delivery devices:
a. To any person under the age of eighteen twenty-one (2118) years.
i. 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.
ii. Signage. Notice of the legal sales age and age verification requirement
must be posted at each location where tobacco, tobacco products,
tobacco related devices, electronic delivery devices, or nicotine or lobelia
delivery devices 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. By means of any type of vending machine.
c. By means of self-service merchandising 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, electronic delivery 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. All tobacco,
tobacco products, tobacco related devices, electronic delivery devices, and nicotine or
lobelia delivery devices shall be stored behind the counter.
c. By means of "loosies" as defined in section 3-2-2 of this chapter.
d. Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana,
or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and
Ord 522___ pg. 9 of 11
other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process.
e By any other means, to any other person, in any other manner or form prohibited by
federal, state or other local law, ordinance provision or other regulation.
B. Flavored products: No person shall sell or offer for sale any flavored product in any
retail establishment as defined in section 3-2-2 of this chapter.
C. Illegal Other Prohibited Acts: Unless otherwise provided, the following acts shall be
violations of this chapter:
1. Sales: For any person to sell or otherwise provide any tobacco, tobacco product,
tobacco related device, electronic delivery device, or nicotine or lobelia delivery device
to a person under 2118 years of age.
2. Possession: For any person under 18 years of age to have in his or her possession any
tobacco, tobacco product, tobacco related device, or nicotine or lobelia delivery device.
This subsection shall not apply to persons under 18 years of age lawfully involved in a
compliance check.
3. Use: For any person under 18 years of age to smoke, chew, sniff or otherwise use any
tobacco, tobacco product, tobacco related device, or nicotine or lobelia delivery device.
4. Procurement: For any person under 18 years of age to purchase or attempt to purchase
or otherwise obtain any tobacco, tobacco product, tobacco related device, or nicotine or
lobelia delivery device, and it shall be a violation of this chapter for any person to
purchase or otherwise obtain such items on behalf of a person under 18 years of age. It
shall further be a violation for any person to coerce or attempt to coerce a person under
18 years of age to illegally purchase or otherwise obtain or use any tobacco, tobacco
product, tobacco related device, electronic delivery device, or nicotine or lobelia delivery
device. This subsection shall not apply to persons under 18 years of age lawfully
involved in compliance checks.
52. False Identification: For any person under 18 years of age 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.
6. Smoking: Notwithstanding any exceptions for tobacco products shops as set forth in the
Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in
the licensed premisesretail establishment. All licensees under this chapter shall be
responsible for the actions of their employees and patrons in regard to any smoking in
the licensed premisesretail establishment.
3-2-7: SELF-SERVICE SALES:
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco,
Ord 522___ pg. 10 of 11
tobacco products, tobacco related devices, electronic delivery devices, or nicotine or
lobelia delivery devices by any means whereby the customer may have access to such
items without having to request the item from the licensee or the licensee's employee
and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco
related device, electronic delivery devices, or nicotine or lobelia delivery device between
the licensee or his or her clerk and the customer. All tobacco, tobacco products,
tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery
devices shall either be stored behind thea 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. New rRetailers selling tobacco, tobacco products, tobacco related
devices, electronic delivery devices, and nicotine or lobelia delivery devices
commencing business after the effective date hereof shall comply with this section
immediately.
3-2-8: RESPONSIBILITY FOR EMPLOYEES:
All licensees under this chapter shall be responsible for the actions of their employees
in regard to the sale of tobacco, tobacco products, tobacco related devices, electronic
delivery devices, or nicotine or lobelia delivery devices on the licensed premisesretail
establishment and the sale of such an item by an employee shall be considered a sale
by the license holder.
3-2-9: COMPLIANCE CHECKS AND INSPECTIONS:
All licensed premisesretail establishments shall be open to inspection by city officials
during regular business hours. From time to time, but at least once per year, a Mendota
Heights police officer or other city employee as designated by the city council shall
conduct compliance checks to ensure compliance with the provisions of this chapter.
Such compliance checks shall utilize, with the written consent of their parents or
guardians, persons over the age of fifteen (15) years but less than eighteen twenty-one
(1821) years, to enter the licensed premisesretail establishment to attempt to purchase
tobacco, tobacco products, tobacco related devices, electronic delivery devices, or
nicotine or lobelia delivery devices. Prior written consent from a parent or guardian is
required for any person under the age of 18 who participates in a compliance check.
Persons under 18 years of age used for the purpose of compliance checks shall be
supervised by designated law enforcement officers or other designated city personnel.
Persons under 18 years of age used for compliance checks shall not be guilty of the
unlawful purchase or attempted purchase or the unlawful possession of tobacco,
tobacco products, tobacco related devices, or nicotine or lobelia delivery devices when
such items are obtained as part of the compliance check. No person used in the
compliance checks shall attempt to use a false identification misrepresenting the
person’s age, and all persons lawfully engaged in a compliance check shall answer all
questions about the person’s age for which the person is No person under 18 years of
age used in compliance checks shall attempt to use a false identification
misrepresenting the person under 18 years of age, age, and all persons under 18 years
of age lawfully engaged in a compliance check shall answer all questions about the
person under 18 years of age, 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
Ord 522___ pg. 11 of 11
this section shall prohibit other 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.
3-2-10: CIVIL ENFORCEMENT:
The license holder shall be responsible for the conduct of its agents or employees while
they are on the licensed premisesretail establishment. Any violation of this chapter shall
be considered an act of the license holder for purposes of imposing a civil penalty,
license suspension or revocation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
3-2-11: NOTICE OF VIOLATION:
Upon discovery of a suspected violation, the Mendota Heights police department shall
inform the city clerk of the suspected violation. The city clerk shall then send to the
license holder, by mail, a written notice of the civil violation. The notice shall inform the
license holder of the penalty and the license holder's right to request a hearing
regarding the violation of this chapter pursuant to section 3-2-13 of this chapter.
3-2-12: PENALTIES:
A. Licensees: Any licensee found to have violated this chapter or whose employee shall
have violated this chapter shall be charged an administrative fine as set forth by
State Statute 461.12. of $200 for a first violation; $500 for a second offense at the
same licensed premisesretail establishment 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 also be suspended for not less than [ 30 ]
consecutive days. Upon a fourth violation, the license will be revoked.
B. Individuals: Individuals aged 21 or older found to be selling of tobacco, tobacco
products, tobacco related devices, electronic delivery devices, or nicotine or lobelia
delivery devicestobacco to persons under 18 21 years of age in violation of this
chapter shall be charged an administrative fee of $50. fee as set forth by State
Statute 461.12.
C. Persons Under the Age of 21: Persons under the age of 21 who use a false
identification to purchase or attempt to purchase of tobacco, tobacco products,
tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery
devices products may only be subject to a non-criminal, non-monetary penalty,
including but not limited to: civil tobacco-related education classes, diversion
programs, community services, or another penalty that the city believes will be
appropriate and effective. The City Council will consult with the courts, 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.
Ord 522___ pg. 12 of 11
CD. Misdemeanor And Other Prosecution: Nothing in this section shall prohibit the city
attorney or county attorney from seeking prosecution as a misdemeanor against any
person 21 years and older for any violation of this chapter, or from enforcing any
other applicable state or federal law or regulation in addition to or instead of any civil
enforcement remedy that may be sought under this chapter.
DE. Penalties Reviewed Annually: Penalties in this section may be annually reviewed
and new fine amounts adopted by resolution.
3-2-13: HEARINGS AND APPEALS:
A. Request And Time For Hearings:
1. Following receipt of a notice of denial issued under section 3-2-3 of this chapter or a
notice of violation and penalty issued under section 3-2-12 of this chapter or a notice of
revocation, an applicant or license holder may request a hearing before the hearing
officer appointed by the city council, or his/her designee. A request for hearing shall be
made by the applicant or license holder in writing and filed with the city clerk within ten
(10) days of the mailing of the notice of denial or alleged violation. Following receipt of a
written request for hearing, the applicant or license holder shall be afforded an
opportunity for a hearing before the hearing officer.
2. If a person accused of violating this chapter so requests, a hearing shall be scheduled,
the time and place of which shall be published and provided to the accused violator.
3. Such hearing shall be held before a hearing examiner as determined by the city council
and shall be open to the public.
B. Findings And Actions: If, after the hearing, the applicant or license holder is found
ineligible for a license, or in violation of this chapter, the hearing officer may affirm
the denial, impose a fine, issue a suspension or revocation, or impose any
combination thereof. The decision shall be in writing and set forth the reasons for the
findings of the hearing officer. A copy shall be provided to the applicant or license
holder. Likewise, if the hearing officer finds that no violation occurred or finds
grounds for not imposing any penalty, such findings shall be recorded and a copy
provided to the applicant or license holder.
C. Decisions: If the hearing officer determines that a violation of this chapter did occur,
that decision, along with the hearing officer's reasons for finding a violation and the
penalty to be imposed under section 3-2-12 of this chapter, shall be recorded in
writing. A copy shall be provided to the accused violator. Likewise, if the hearing
officer finds that no violation occurred or finds grounds for not imposing any penalty,
such findings shall be recorded and a copy provided to the acquitted accused
violator.
D. Appeals: Any appeal from the decision of the hearing officer must be filed with the
district court within ten (10) days of the mailing of the hearing officer's decision.
Ord 522___ pg. 13 of 11
E. Default: If the applicant or license holder has been provided written notice of the
denial or violation and if no request for a hearing is filed within the ten (10) day
period, then the denial, penalty, suspension and/or revocation imposed pursuant to
this chapter shall take immediate effect by default. The city clerk shall mail the notice
of denial, fine, suspension and/or revocation to the applicant or license holder.
3-2-14: 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 2.
This Ordinance shall be in effect from and after the date of its passage and publication.
_______, 201_.
Adopted and ordained into an Ordinance this __ day of __, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
___________________________
Lorri Smith, City Clerk
September 6, 2018 Page 1 of 4
FOR INTERNAL USE ONLY
Tobacco 21 Frequently Asked Questions
Do you have any proof that raising the tobacco sales age will keep young people from smoking?
• The National Academy of Medicine reports that 25 percent fewer 15-to-17-year-olds will start
smoking following increasing the tobacco sales age to 21.1
• Minnesota specific research found increasing the tobacco age statewide will prevent 30,000
Minnesota young people from becoming smokers over the next 15 years.2
• In Minnesota, almost two of every five underage smokers report getting tobacco from older friends
in their social circle.3 There are many 18-year-old students in high schools, but no 21-year-old
students. Raising the age from 18 to 21 removes legal purchasers of tobacco from the high school
social setting, and removes a way for younger teens to get tobacco from older students in their
social circles.
Have previously enacted Tobacco 21 laws been effective in reducing youth tobacco use?
• In 2005, Needham, Massachusetts was the first city in the U.S to raise the tobacco sales age to 21.
An evaluation study compared youth tobacco trends in Needham to surrounding communities that
did not raise the sales age over five years (2006-2010). The results suggest that raising the
minimum sales age to 21 for tobacco contributes to a greater decrease in youth smoking relative to
communities that did not pass this ordinance. The study concluded: “These findings support local
community-level action to raise the tobacco sales age to 21.”4
• Early evaluation of California’s Tobacco 21 law (effective date June 2016) found that the law helped
reduce tobacco sales to minors. 5 Sales to 15-to-16-years olds dropped significantly after the law
was implemented. This suggests raising the tobacco sales age improves enforcement by retailers,
since the new age requirements encourage more checking of identification before selling to young
people.
• Early evaluation of Chicago’s Tobacco 21 ordinance (effective 2016) suggests that Tobacco 21 was
one factor that contributed to a drop in young adult smoking in that city. The Chicago Department
of Public Health released a fact sheet noting a decrease in young adult tobacco use (18-20)
following implementation of the city’s Tobacco 21 policy. Use by this age group decreased from
15.2 percent in 2015 to 9.7 percent in 2016.6
How many localities have enacted Tobacco 21 laws? As of June 12, 2018:
• 11 Minnesota cities: Edina, St. Louis Park, Plymouth, Bloomington, Shoreview, Falcon Heights,
Minneapolis, North Mankato, St. Peter, Richfield and Roseville.7,8
• 5 states: California, New Jersey, Oregon, Hawaii, and Maine
• More than 320 other cities in the U.S.
Why should local policies be passed if the State is considering its own Tobacco 21 policy?
• Minnesota has a strong history of local governments acting to protect the health of their
communities before the state legislature takes action. The most powerful incentive for the state
legislature to act is the initiative of local citizens and governmental leaders to make local policy
changes. As each city passes a law, momentum to bring the issue to the state level increases. That’s
how the Minnesota Freedom to Breathe Act became state law, after city by city made their bars and
restaurants smoke-free. Raising the legal sales age to 21 is no different.
September 6, 2018 Page 2 of 4
FOR INTERNAL USE ONLY
• Any step to prevent young people from becoming addicted to tobacco products is a step in the right
direction. Many of our communities are leaders in addressing public health concerns and promoting
citizen well-being. They shouldn’t have to wait for the state to act. Our kids need protection now.
If someone can join the military at 18, aren’t they old enough to decide if they want to use tobacco?
• 18 is not a magic number. Tobacco industry lobbyists imply that smoking is a right and a benefit, not
an addiction and societal burden.
• Our society has always recognized that young people are vulnerable to impulsive and risky
behaviors, and we gradually increase access to potentially dangerous activities such as driving at 16
to alcohol use at 21. How many hundreds of thousands of lives should be traded for the
shortsighted fallacy of “18 = adult?”
• Young people who nobly stand up for their country have the right to a healthy future. We want a
military force that is physically ready, and tobacco use impairs that readiness. The Department of
Defense (DoD) and each of the armed services has a stated goal of a tobacco-free military. The DoD
spends more than $1.6 billion each year on tobacco-related medical care, increased hospitalization,
and lost days of work.9
If smoking rates are declining, is this really needed?
• Smoking rates are declining largely because of policy steps taken thus far. However, youth tobacco
use has increased for the first time in 17 years in Minnesota as a result of e-cigarette and cigar use.
Youth e-cigarette use is at the highest point ever recorded.3
• Nearly all addicted smokers started before the age of 21,10 with many of them becoming daily
addicted smokers between 18 and 21.11 This is a critical age to reduce access to tobacco products.
According to the Surgeon General, keeping kids from smoking is critical to reducing tobacco use. 12
Why should e-cigarettes be included in Tobacco 21 policies?
• E-cigarettes are considered tobacco products under federal and state law.13
• E-cigarettes, also called vape pens, e-hookahs, and hookah pens are battery-operated devices that
contain a mixture of liquid nicotine and other chemicals. The device heats the mixture, called “e-
liquid” or “e-juice,” producing a nicotine emission that is inhaled or “vaped.”14
• E-juice commonly contains nicotine.15
• Studies have shown that e-cigarettes labeled as not containing nicotine actually contained
nicotine.16
• E-cigarette use is a risk factor for cigarette smoking among youth:17
o Youth who had never smoked a cigarette by 12th grade but vape, were more than 4 times
more likely to then start smoking combustible cigarettes.17
o Vaping may lead youth ex-smokers to return to smoking. In a recent study, youth who only
vaped, but yet smoked in the past, were almost twice as likely to return to smoking
cigarettes within the year.17
• E-cigarette use is one of the most common forms of substance abuse among youth who have never
smoked.18
September 6, 2018 Page 3 of 4
FOR INTERNAL USE ONLY
Don’t e-cigarettes help people quit smoking?
• E-cigarettes are not proven to be better for quitting smoking than existing treatments,14 and the
FDA has not approved them as quitting aids. The FDA has, however, approved a variety of other
products as cessation aids (e.g. the patch, nicotine gum, medications and counseling).19
• Whether e-cigarettes help people quit smoking is irrelevant as Tobacco 21 is about ensuring that
our young people don’t get addicted to nicotine in the first place. That way they won’t need any
cessation aides.
What is the unique impact of nicotine on the developing adolescent brain?
• Nicotine interferes with brain maturation and can have a long-term effect on cognitive development
and mental health.12
• Even brief or intermittent nicotine exposure during adolescence can cause lasting damage.20
• Nicotine is addictive - no amount of nicotine is safe for youth.12
• The addictive properties of nicotine can lead adolescents to heavier daily tobacco use and a more
difficult time quitting later in life.21
Will raising the tobacco sales age to 21 hurt businesses?
• 18-20-year-olds make up roughly 2-4% of tobacco sales but provide tobacco to majority of underage
smokers.22 Those 18-20-year-old customers are the pipeline to other youth.23
• Retailers sell many non-addictive, non-disease causing products that could offset any losses.
• Given there are other products restricted to people over 21 and a distinct label on Minnesota IDs, it
is easy to enforce.
• The health benefit of saving kids from a lifetime of addiction and disease outweighs retailers having
to adjust to a potential decline in sales.
Why is it important to remove penalties for underage purchase, use and possession (PUP penalties)?
• This is not about punishing our kids. It’s about protecting them from a lifetime of addiction.
• Licensing ordinances are meant to regulate the behavior of the licensees. Penalizing consumers,
especially young consumers, detracts from the focus of the code and possibly takes away resources
for enforcement of code on the licensees.
• Penalties for purchase, use and possession have not been proven to reduce youth tobacco use, and
they divert focus from addressing irresponsible retailers and the tobacco industry which has a long
history of targeting youth.24
• In Minnesota, youth are being cited more for PUP than stores are being cited for non-compliance.25
PUP penalties open the door to selective enforcement against youth of certain racial and ethnic
groups and of low socioeconomic status. Historically, there is evidence that these laws were lobbied
for by the tobacco industry to punish youth users while the industry simultaneously targeted, and
continues to target, youth (and especially youth of color, poor youth, and young LGBTQIA) to
maintain profits (replacing their dying consumer base).
• The Minnesotans for a Smoke-Free Generation coalition and national organizations like Campaign
for Tobacco-Free Kids, the American Cancer Society and the American Heart Association agree that
Tobacco 21 policies should eliminate PUP penalties.
September 6, 2018 Page 4 of 4
FOR INTERNAL USE ONLY
1 Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. National Academy Press.
2015. http://www.nap.edu/catalog.php?record_id=18997
2Boyle, Raymond. Tobacco 21: A life-saving opportunity we can't afford to miss. MinnPost. February 20, 2017.
https://www.minnpost.com/community-voices/2017/02/tobacco-21-life-saving-opportunity-we-cant-afford-miss
3 Minnesota Department of Health. Teens and Tobacco in Minnesota, 2017 Update - Results from the Minnesota Youth Tobacco Survey.
February 2018. http://www.health.state.mn.us/divs/chs/tobacco/teen_tobacco17.pdf
4 Kessel Schneider S, Buka SL, Dash K, et al. Community reductions in youth smoking after raising the minimum tobacco sales age to 21 Tobacco
Control 2016;25:355-359. http://tobaccocontrol.bmj.com/content/25/3/355
5 Zhang X, Vuong TD, Andersen-Rodgers E, et al. Evaluation of California’s ‘Tobacco 21’ law Tobacco Control Published Online First: 13 February
2018. doi: 10.1136/tobaccocontrol-2017-054088 Evaluation of California's Tobacco 21 law
6 Healthy Chicago 2017 Youth Tobacco Use
7 KSTP
8 Roseville enacted Tobacco 21 on 6/19/18
9 Institute of Medicine, Combating Tobacco in Military and Veteran Populations, 2009
10 U.S. Department of Health and Human Services. Results from the 2010 National Survey on Drug Use and Health: Summary of National
Findings. Substance Abuse and Mental Health Services Administration - Center for Behavioral Health Statistics and Quality; September 2014
https://www.samhsa.gov/data/sites/default/files/NSDUH-DetTabs2014/NSDUH-DetTabs2014.pdf.
11 Campaign for Tobacco Free Kids. Increasing the Minimum Legal Sale Age for Tobacco Products to 21.
https://www.tobaccofreekids.org/research/factsheets/pdf/0376.pdf.
12 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon
General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease
Prevention and Health Promotion, Office on Smoking and Health. 2014. https://www.surgeongeneral.gov/library/reports/50-years-of-
progress/full-report.pdf
13 Family Smoking Prevention and Tobacco Control Act §101(a),Pub. L. No. 111-31, 123 Stat. 1783 (2009) (codified at 21 U.S.C. §321(rr)(1));
Minn. Stat. §144.414, subds 2,3, and 5.
14 Foulds J, Veldheer S, Berg A. Electronic cigarettes (e-cigs): views of aficionados and clinical/public health perspectives. Int J Clin Pract.
2011;65:1037–1042. http://website.aub.edu.lb/units/tcrg/conferences/Documents/ecigaficianados.pdf
15 https://www.vapertrain.com/page/hdics
16 Trehy, M.L., Ye. W., Hadwiger, M.E. (2011). Analysis of electronic cigarette cartridges, refill solutions, and smoke for nicotine and nicotine
related impurities. Journal of Liquid Chromatography & Related Technologies, 34(14), 1442-1448.
https://www.tandfonline.com/doi/abs/10.1080/10826076.2011.572213
17 Miech R, Patrick ME, O’Malley PM, et al. Tob Control 2017:26: e106-e111.
18 Miech RA, Johnson L, O’Malley PM, et al. Monitoring the Future national survey results on drug use. 1975-2014: volume I, secondary school
students. Ann Arbor, MI: Institute for Social Research, The University of Michigan; 2015.
19 U.S. Preventive Services Task Force. Final Recommendation Statement - Tobacco Smoking Cessation in Adults, including Pregnant Women:
Behavioral and Pharmacotherapy Interventions.
https://www.uspreventiveservicestaskforce.org/Page/Document/RecommendationStatementFinal/tobacco-use-in-adults-and-pregnant-
women-counseling-and-interventions1
20 Goriounova, N., Mansvelder, H. Nicotine exposure during adolescence alters the rules for prefrontal cortical synaptic plasticity during
adulthood. Frontiers in synaptic neuroscience. 2012.
21 Nelson, D. et al. Long-term trends in adolescent and young adult smoking the United States: metapatterns and implications. Am J Public
Health. 2008. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2374818/pdf/0980905.pdf
22 Winickoff JP, Hartman L, Chen M, Gottlieb M, Nabi-Burza E, DiFranza J (2014) Retail impact of raising tobacco sales age to 21 years. American
Journal of Public Health. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4202948/
23 SAMHSA. Calculated based on the data in the 2011 National Survey on Drug Use and Health
24 Wakefield M, Giovino G. Teen penalties for tobacco possession, use, and purchase: evidence and issues. Tob Control. 2003;12 Suppl 1:i6-13.
http://tobaccocontrol.bmj.com/content/tobaccocontrol/12/suppl_1/i6.full.pdf; TobaccoFreeKids PUP Fact Sheet
25 2017 Synar report (p 10) 2017 study
For more information, please contact Elyse Levine Less at Elyse@mntobaccofreealliance.org
Tobacco 21
Mendota Heights Work Session
October 2, 2018
THANK YOU!
Agenda
» Youth tobacco use
» Background on Tobacco 21
» Frequently asked questions
» Next steps!
Recent News:
Sept 16th, 2018
Minnesota youth tobacco use
Source: Minnesota Department of Health. Teens and Tobacco in Minnesota, 2017 Update.
Cigarette use is decreasing while e-cigarette use
is increasing dramatically
Percent of high school students who used various
tobacco products in the last 30 days
Source: Minnesota Department of Health. Teens and Tobacco in Minnesota, 2017 Update.
Percent of Dakota County Students Who
Reported Last 30-Day Tobacco Product Usage
Source: 2016 Minnesota Student Survey Percent
Percent of Students Who Reported Last 30-Day
E-Cigarette Usage
Source: 2016 Minnesota Student Survey Percent
Percent of smokers who use
menthol
MN Youth Tobacco Survey, 2017; Corey, et al., “Flavored Tobacco Product Use Among Middle and High School Students—
United States, 2014,” MMWR, 64(38): 1066-1070; National Youth Advocacy Coalition. Coming Out about Smoking: A Report
from the National LGBTQ Young Adult Tobacco Project. 2010.
Menthol: Tobacco industry targeting
»Menthol makes tobacco
easier to start and harder to
quit.
»There is sufficient research
to confirm tobacco companies
target youth, women, LGBTQ
and African Americans with
menthol marketing.
Why Tobacco 21?
“Raising the legal minimum age for
cigarette purchaser to 21 could gut our key
young adult market...”
Philip Morris report, January 21, 1986
Source: Truth Tobacco Industry Document Library
95% of current adult
smokers started before they
were 21.
Keeping tobacco out of high schools will reduce the
number of youth under 18 who become addicted to
tobacco.
Source: U.S. Department of Health and Human Services. 2014
Human and economic cost to tobacco use:
6,312
Minnesotans die
each year from
tobacco use
The annual cost of
smoking in
Minnesota is
estimated to be
over $7 billion:
$3.19 billion in
health care costs
$4.3 billion in lost
productivity
Source: Blue Cross and Blue Shield of Minnesota. January 2017
Many youth get tobacco from older peers
» In Minnesota, almost two of
every five underage smokers
report getting tobacco from older
friends in their social circle.
Impact of nicotine on the adolescent brain
» No amount of nicotine is safe for youth.
» Exposure to nicotine has a lasting
impact on the developing adolescent
brain.
» The addictive properties of nicotine are
particularly harmful to youth and can lead
to heavier daily tobacco use and a
difficult time quitting later in life.
Sources:
Nelson et al. 2008.
Abreu-Villaca et al. 2003.
Who supports
Tobacco 21?
Public support for raising tobacco sales age
75% of
adults
70% of
current
smokers
65% of young adults
ages 18-24
Favor raising the tobacco
sales age to 21
Source: Institute of Medicine. 2015.
Minnesotans for a Smoke-Free Generation
»African American Leadership Forum
»Allina Health
»American Cancer Society - Cancer Action Network
»American Heart Association
»American Lung Association in Minnesota
»Apple Tree Dental
»Association for Nonsmokers – Minnesota
»Blue Cross and Blue Shield of Minnesota
»Children’s Defense Fund-Minnesota
»Children's Hospitals and Clinics of Minnesota
»ClearWay Minnesota
»Comunidades Latinas Unidas En Servicio – CLUES
»Dodge County Public Health
»Four Corners Partnership
»HealthPartners
»Indigenous Peoples Task Force
»Local Public Health Association of Minnesota
»March of Dimes
»Mayo Clinic
»Medica
»Minnesota Academy of Family Physicians
»Minnesota Association of Community Health
Centers
»Minnesota Cancer Alliance
»MN Association of Community Health Centers
»MN Chapter of the American Academy of Pediatrics
»Minnesota Council of Health Plans
»Minnesota Hospital Association
»Minnesota Medical Association
»Minnesota Oral Health Coalition
»Minnesota Public Health Association
»NAMI Minnesota
»Rainbow Health Initiative
»SEIU Healthcare Minnesota
»Steele County Public Health
»Tobacco-Free Alliance
»UCare
»Wellshare International
»Zumbro Valley Medical Society
Impact of Tobacco 21
National Academy of Medicine Report- 2015
» The National Academy of
Medicine found that increasing
the legal age to purchase
tobacco to 21 would decrease
smoking initiation among 15-17
year-olds by 25%.
»This translates to 223,000
fewer premature deaths.
Source: Institute of Medicine. 2015.
Needham, Massachusetts
» In 2004, the town of Needham,
Massachusetts- a suburb of Boston
raised the sales age to 21.
»Despite other cities not following their
lead -- within five years, tobacco use
among high school students was
reduced by nearly half.
Source: Kessel Schneider et. al. 2015.
Early evaluation efforts in Chicago and California
»Early evaluation of Chicago’s Tobacco 21 ordinance
suggest it was one factor that contributed to a drop in
young adult smoking in that city.
»Early evaluation of California’s Tobacco 21 law found
sales to 15-to-16-years olds dropped significantly after
the law was implemented. This suggests raising the
tobacco age improves enforcement by retailers, since
the new age requirements encourage more checking
of identification before selling to young people.
Impact of Tobacco 21 in Minnesota
30,000 fewer youth will become smokers over the next 15 years.
Source: Boyle et. al. 2017.
The growing list of cities and states with Tobacco 21 laws
12
Other Minnesota cities and counties
considering Tobacco 21
»Arden Hills
»Brooklyn Center
»Duluth
»Hermantown
»Lauderdale
»Maplewood
»Otter Tail County
»Stevens County
MN State Action
» HF 3532
Introduced March 2018
» Rep. Dario Anselmo (R-Edina) – Chief
Author
» Rep. Dave Baker (R-Willmar)
» Rep. Keith Franke (R-St. Paul Park)
» Rep. Mike Freiberg (DFL-Golden Valley)
» Rep. Laurie Halverson (DFL-Eagan)
» Rep. Mary Kunesh-Podein (DFL-New
Brighton)
» Rep. Sandy Layman (R-Cohasset)
» Rep. Rena Moran (DFL-St. Paul)
» Rep. Mark Uglem (R-Champlin)
» SF 2370
Introduced May 2017
» Sen. Carla Nelson (R-Rochester) Chief
Author
» Sen. Melisa Franzen (D- Edina)
» Sen. Jeff Hayden (D- Minneapolis)
» Sen. Erik Simonson (D- Duluth)
Frequently asked
questions about
Tobacco 21
If someone can join
the military at 18-
shouldn’t they be
able to buy
tobacco?
Question Response
“If someone is young enough to fight for their country,
they should be free from addiction to a deadly drug.”
Rear Admiral John Fuller, Navy Region Hawaii and Naval Surface Group Middle Pacific
•The Department of Defense and each of the armed
services has a stated goal of a tobacco-free military.
•There are several legal safeguards in place to protect the
health and safety of our young people – e.g. the drinking
age.
Source: National Academy of Medicine, Combating Tobacco in Military and Veteran Populations, 2009.
Won’t youth find
ways to get tobacco
regardless of what
we do?
Question Response
•Tobacco 21 makes it more difficult for
youth to get tobacco from social sources.
•75% of smokers ages 15-17 get tobacco
from social sources.
•High school students are less likely to be
around a 21-year-old than an 18-year-old.
Sources:
PATH Study, 2016
Ahmad, S 2005
Question Response
Will Tobacco 21
hurt retailers?
•18-20-year-olds make up roughly 2-4% of the
tobacco market but provide tobacco to majority
of underage smokers.
•Retailers sell many non-addictive, non-disease
causing products that could offset any losses.
•The health benefit of saving kids from a
lifetime of addiction and disease outweighs
retailers having to adjust to a decline in sales.
Source: Winickoff et. al. 2014.
Question Response
Why should e-
cigarettes be
included in
Tobacco 21
policies?
•E-cigarettes are considered tobacco products
in federal and state law.
•E-cigarettes are not proven to be better for
quitting smoking than existing treatments and
the FDA has not approved them as quitting
aids.
•With smoking rates falling, e-cigarettes are a
way for the tobacco industry to keep hooking
the next generation on their products.
Source: U.S. Surgeon General 2012
Vickerman et. al. 2013.
Popova & Ling. 2013.
Question Response
•The focus is on the seller- not the youth
•PUP penalties open the door to selective
enforcement against youth of certain racial
and ethnic groups and of low socioeconomic
status.
•National health leaders will only support
Tobacco 21 policies that remove PUP
penalties
Why is it
important to
remove
penalties for
underage
purchase, use
and possession
(PUP penalties?)
Why Mendota Heights?
» Mendota Heights has an opportunity to be
a leader in the state in passing this bold
policy.
»We care deeply about our kids and
environment.
»Mendota Heights prioritizes the health and
well-being of the community.
In summary
» Preventing youth from initiation is essential to
creating a tobacco-free generation.
»Five states and at least 300 localities have raised
the tobacco age.
» Raising the tobacco sales age is about 13-17-year-
olds not 18,19 and 20 year-olds.
» Tobacco 21 addresses social sources at little
cost to retailers.
THANK YOU!
Contact: Elyse Levine Less, JD, MPH
Tobacco-Free Alliance
elyse@mntobaccofreealliance.org
651-379-0196
Any questions?
This presentation is funded by a Tobacco-Free Communities grant
from the Minnesota Department of Health