HomeMy WebLinkAbout10.B.1. Tobacco Sampling Ordinance No. 890 (Hookah Lounges) General Business 10. B. 1.
Sk'HAKOI'EE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jeff Tate, Police Chief
DATE: 08/19/2014
SUBJECT: Tobacco Sampling Ordinance No. 890 (Hookah Lounges) (A)
Action Sought
Council is asked to adopt Ordinance Number 890, amending the City Code Section 6.23,
Subdivision 10, dealing with sampling of tobacco and tobacco products.
Background
In December 2013, Council unanimously approved a 6-month moratorium on hookah Lounges.
Staff was directed to follow-up and report back with a potential permanent solution. Savage and
Prior Lake have followed enacting their own bans on such establishments. Staff and City Attorney
have spent time looking at what other cities have done and what the best route for Shakopee
should be. Under current state and city regulations, the definition of"sampling" is inadequate and
subject to interpretation. Therefore, the proposed Ordinance amendment would prohibit any
sampling of tobacco products in licensed businesses for any purpose. This Ordinance amendment
is based on the model Ordinance from the League of Minnesota Cities and is similar to what
many other cities have approved, such as, Apple Valley, St. Louis Park, Rosemount, and Eagan to
name a few.
This proposed Ordinance amendment closes the "sampling" loophole, which we believe will
prohibit any future Hookah Lounge from establishing itself in Shakopee. City Code does require a
minimum 30-day written notice to all tobacco license holders before any significant change in the
tobacco Ordinance can be made. All City tobacco license holders have received their written
notice as well as a copy of the proposed amendment. The only issue that arose from the letters
were questions about electronic cigarette sampling. There is an exception in this Ordinance,
which allows for the specific sampling of an electronic delivery device as defined in State Statute.
No tobacco license holder has expressed any objections to this proposed sampling ban, and no
license holder currently allows sampling of tobacco products, other than electronic cigarette
stores.
Recommendation
Staff recommends Ordinance No. 890.
Budget Impact
There is no budget impact.
Relationship to Vision
This action supports:
Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
Requested Action
If Council Concurs, they should, by motion, adopt Ordinance No. 890, an Ordinance of the City
of Shakopee Amending Shakopee City Code Section 6.23, Subdivision 10, dealing with sampling
of tobacco and tobacco products.
Attachments: Tobacco Sampling Ordinance
ORDINANCE NO. 890, Fourth Series
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING
SHAKOPEE CITY CODE SECTION 6.23 SUBDIVISION 10 DEALING WITH
SAMPLING OF TOBACCO AND TOBACCO PRODUCTS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 6.23, subd. 10, of the Shakopee City Code is amended to read as follows:
Subd. 10. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this
Section:
A. Sales. For any person to sell or attempt to sell or furnish any tobacco, tobacco product or
tobacco related device to any minor;
B. Possession. For any minor to have in minor's possession any tobacco, tobacco product or
tobacco related device, excluding any minor lawfully involved in a compliance check;
C. Use. For any minor to smoke, chew, sniff, or otherwise use or ingest any tobacco, tobacco
product or tobacco related device;
D. Procurement. For any minor to purchase or attempt to purchase or otherwise obtain any
tobacco, tobacco product or tobacco related device; for any person to purchase or
otherwise obtain any such item on behalf of a minor; or for any person to coerce or attempt
to coerce a minor to purchase or otherwise obtain or use any tobacco, tobacco product, or
tobacco related device in a manner contrary to law, excluding any minor lawfully involved in
a compliance check; and
E. Use of False Identification. For any minor to attempt to disguise minor's 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.
F. Sampling. For any person to light or smoke tobacco or a tobacco product in a licensed
establishment for any purpose, including but not limited to the purpose of allowing a
customer or potential customer to sample tobacco or a tobacco product, except for the
sampling of an electronic delivery device as defined in Minnesota Statutes, Section
609.685, Subdivision 1.
Section 2.Effective Date. This ordinance becomes effective from and after its passage and publication.
Passed in regular session of the City Council of the City of Shakopee,Minnesota held this 19th day
ofAugust,2014.
Mayor of the City of Shakopee
Attest:
City Clerk
445255v2 JJT SH155-23