HomeMy WebLinkAboutOrdinance No. 2017-03 Amending Ch 12 Re: Tobacco •
ORDINANCE NO. 2017-03
AN ORDINANCE AMENDING CHAPTER 12 OF THE
EDINA CITY CODE CONCERNING TOBACCO
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. The following definitions in Section 12-189 of the Edina City Code are amended to
provide as follows:
Compliance checks means the system the city uses to investigate and ensure that those
authorized to sell tobacco or tobacco-related products, and tobacco-related devices are
following and complying with the requirements of this article. The term "compliance checks"
also means the use of persons under 21 years of age who attempt to purchase tobacco or
tobacco-related products, or tobacco-related devices, for education, 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 laws
and regulations relating to tobacco or tobacco-related products, and tobacco-related devices.
Tobacco-related device means 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, smoking, or the inhalation of vapors of tobacco or tobacco-related products. The term
"tobacco-related device" includes electronic delivery devices and nicotine or lobelia delivery
products.
Section 2. Section 12-189 of the Edina City Code is amended by adding the following
definitions:
Child-resistant packaging means packaging that meets the definition set forth in Code of
Federal Regulations, title 16, section 1700.15(b), and was tested in accordance with the method
described in Code of Federal Regulations, title 16, section 1700.20.
Nicotine or lobelia delivery product means any product containing or delivering nicotine
or lobelia intended for human consumption, or any part of such a product, that is not tobacco
or an electronic delivery device as defined in this section. Nicotine or lobelia delivery product
does not include any product that has been approved or 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 being marketed and sold solely for such an
approved purpose.
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Section 3. Section 12-217 of the Edina City Code is amended to provide as follows:
• Sec. 12-217 Required.
No person shall keep tobacco, tobacco-related products or tobacco-related devices for retail
sale or sell tobacco, tobacco-related products or tobacco-related devices at retail in the city
without first obtaining a license from the city. No license shall be issued for the sale of
tobacco, tobacco-related products or tobacco-related devices at a movable place of business
or from a vending machine or to a person under the age of 21.
Section 4. Section 12-247 of the Edina City Code is amended to provide as follows:
12-247 Legal Age.
No person shall sell any tobacco, tobacco-related product or tobacco-related device to any
person under the age of 21 and no person shall purchase or otherwise obtain such items on
behalf of a person under the age of 21.
(1) Age Verification. Licensees shall verify by means of government-issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older shall not
constitute a defense to a violation of this subsection.
• (2) Signage. Notice of the legal sales age and the age verification requirement shall be
posted at each location where tobacco, tobacco-related products or tobacco-related devices
are offered for sale. The required signage, which will be provided to the licensee by the city,
shall be posted in a manner so that it is clearly visible to anyone who is considering or making a
purchase.
Section 5. Section 12-250 of the Edina City Code is amended to provide as follows:
12-250 Self-service merchandising.
No person shall sell any tobacco, tobacco-related product or tobacco-related device by means
whereby the customer may have access to such items without having to request assistance
from an employee of the licensed premises. The assistance or intervention shall entail the actual
physical exchange of the tobacco, tobacco-related product or tobacco-related device between
the customer and the licensee or employee. All tobacco, tobacco-related products or tobacco-
related devices shall be stored or displayed behind a sales counter or in other rooms or display
areas which are not freely accessible to customers. Provided, however, the requirements of this
section shall not apply to establishments which:
(1) Prohibit persons under 21 years of age from entering the establishment at all times;
• (2) Post notice advising of the prohibition at all entrances to the establishment; and
Ordinance No. 2017-03
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(3) Derive at least 90 percent of their revenues from the sale of tobacco and tobacco-
related products.
Section 6. Section 12-251 of the Edina City Code is amended to provide as follows:
12-251 Liquid Packaging.
No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine,
which is intended for human consumption and use in an electronic delivery device, in packaging
that is not child-resistant. Upon request, a licensee shall provide a copy of the certificate of
compliance or full laboratory testing report for the packaging used.
Section 7. Section 12-254 of the Edina City Code is amended to provide as follows:
12-254 Use of false identification.
No person under the age of 21 shall 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.
• Section 8. Section 12-255 of the Edina City Code is amended to provide as follows:
12-255 Compliance checks and inspections.
(a) All licensed premises shall be open to inspection by the city or other authorized official
during regular business hours.
(b) From time to time, but at least once per year, the city shall conduct compliance checks
by engaging, with persons over 15 years but less than 21 years, to enter the licensed premises
to attempt to purchase tobacco, tobacco-related products or tobacco-related devices.
(1) Prior written parental consent is required for any minor who participates in a
compliance check.
(2) Persons used for the purpose of compliance checks shall be supervised by
designated law enforcement officers or other designated city personnel.
(3) Persons used for compliance checks shall not be guilty of the unlawful purchase
or attempted purchase, nor unlawful possession of tobacco, tobacco-related products
or tobacco-related devices when such items are obtained or attempted to be obtained
as part of the compliance check.
• (4) 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
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compliance check shall answer all questions about the person's age for which he or she
• is asked.
(c) Nothing in this article shall prohibit compliance checks authorized by state or federal
laws for educational, research or training purposes, or required for the enforcement of a
particular state or federal law.
Section 9. Section 12-282(3) of the Edina City Code is amended to provide as follows:
Underage persons. Persons under 21 years of age who use false identification to purchase
or attempt to purchase, tobacco, tobacco-related products or tobacco-related devices shall be
guilty of a misdemeanor and may be required to attend tobacco free education programs or
court diversion programs.
Section 10. Section 12-283 of the Edina City Code is amended to provide as follows:
12-283 Exceptions and Defenses.
It shall be an affirmative defense to the violation of this article for a person to have reasonably
relied on proof of age as described by state law.
• Section 11. Sections 12-252 and 12-253 of the Edina City Code are deleted.
Section 12. This ordinance is effective July 1, 2017.
First Reading: April 18, 2017
Second Reading: May 2, 2017
Published: May 11, 2017
Attest / �% 11 �V�
Debra A. Mangen, City Cle k Ja ovland, Mayor
Please publish in the Edina Sun Current on Thursday, May 11, 2017
Send two Affidavits of Publication
Bill to Edina Accounts Payable
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