HomeMy WebLinkAbout2016-11-14 Community Health Commission AgendaAgenda
Community Health Commission
City Of Edina, Minnesota
City Hall, Community Room
4801 West 50th St. Edina, MN 55424
Monday, November 14, 2016
6:30 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Approval Of Meeting Minutes
A.October 10, 2016 Draft Minutes
V.Community Comment
During "Community Comment," the Board/Commission will invite residents to share relevant
issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit
the number of speakers on the same issue in the interest of time and topic. Generally speaking,
items that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead, the Board/Commission might refer the matter to sta% for
consideration at a future meeting.
VI.Reports/Recommendations
A.Temporary Family Healthcare Dwellings
B.Tobacco Regulation
C.EPS Wellness Initiative Update
VII.Correspondence And Petitions
VIII.Chair And Member Comments
IX.Sta0 Comments
A.Equity Task Force Update
X.Adjournment
The City of Edina wants all residents to be comfortable being part of the
public process. If you need assistance in the way of hearing ampli4cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Draft MINUTES
Community Health Commission
October 10, 2016 at 6:30 PM
City Hall, Community Room
I.Call To Order
II.Roll Call
Present: Britta Orr, Alison Pence, Cathy Cozad, Steve Sarles, Caleb Schultz,
Christy Zilka, Connie Weston, Amanda Herr. Student Members: Nina Sokol and
McKenna Knapp. Staff: Jeff Brown. Visitors: Nick Kelley, Bloomington Public
Health and Michelle Meek, Human Rights and Relations Commission.
Absent: Kristen Conner
III.Approval Of Meeting Agenda
Motion by Caleb Schultz to Approve Meeting Agenda. Seconded by Christy
Zilka. Motion Carried.
IV.Approval Of Meeting Minutes
Motion by Alison Pence to Approve DRAFT Meeting Minutes from
September 12, 2016 Meeting. Seconded by Cathy Cozad. Motion Carried.
V.Community Comment
VI.Reports/Recommendations
A.Bloomington Public Health Presentation
Presentation from Nick Kelley, Assistant Director of Bloomington Public
Health regarding the 2015 Annual Report.
Discussion around Public Health Accreditation process recently completed
in a joint effort by Bloomington, Edina, and Richfield.
Review of annual report, focused on 'Where You Live Matters'. Mapping and
data provided indicate disparities between life expectancy in different zip
codes. Example, 13 year difference in life expectancy between two areas 4
miles apart in Minneapolis and St. Paul.
B.2017 Work Plan Process and Discussion
Review of work plan development meetings with City Council and other
board and commission chairs by Chair Orr. Topics: Temporary family
healthcare dwelling legislation, tobacco regulation in the City, health in all
Draft
policies concepts in relation to City activity. CHC may assign individual
members to lead work plan items. Discussion regarding working with other
Boards and Commissions when applicable.
VII.Correspondence And Petitions
VIII.Chair And Member Comments
IX.Staff Comments
X.Adjournment
Draft
Date: November 14, 2016 Agenda Item #: VI.A.
To:Community Health Commission Item Type:
From:Britta Orr, Chair
Item Activity:
Subject:Temporary Family Healthcare Dwellings Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
Discussion of 2017 work plan item related to Temporary Family Healthcare Dwellings.
ATTACHMENTS:
Description
TFHD Legislation
SF2555 REVISOR LCB S2555-4 4th Engrossment
A bill for an act1.1
relating to local government;regulating zoning of temporary family health1.2
care dwellings;establishing temporary dwelling permits;amending Minnesota1.3
Statutes 2014,section 144D.01,subdivision 4;proposing coding for new law in1.4
Minnesota Statutes,chapters 394;462.1.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.6
Section 1.Minnesota Statutes 2014,section 144D.01,subdivision 4,is amended to read:1.7
Subd.4.Housing with services establishment or establishment.(a)"Housing1.8
with services establishment"or "establishment"means:1.9
(1)an establishment providing sleeping accommodations to one or more adult1.10
residents,at least 80 percent of which are 55 years of age or older,and offering or1.11
providing,for a fee,one or more regularly scheduled health-related services or two or1.12
more regularly scheduled supportive services,whether offered or provided directly by the1.13
establishment or by another entity arranged for by the establishment;or1.14
(2)an establishment that registers under section 144D.025.1.15
(b)Housing with services establishment does not include:1.16
(1)a nursing home licensed under chapter 144A;1.17
(2)a hospital,certified boarding care home,or supervised living facility licensed1.18
under sections 144.50 to 144.56;1.19
(3)a board and lodging establishment licensed under chapter 157 and Minnesota1.20
Rules,parts 9520.0500 to 9520.0670,9525.0215 to 9525.0355,9525.0500 to 9525.0660,1.21
or 9530.4100 to 9530.4450,or under chapter 245D;1.22
(4)a board and lodging establishment which serves as a shelter for battered women1.23
or other similar purpose;1.24
(5)a family adult foster care home licensed by the Department of Human Services;1.25
Section 1.1
SENATESTATEOFMINNESOTA
EIGHTY-NINTH SESSION S.F.No.2555
(SENATE AUTHORS:HOFFMAN,Rosen,Eken,Koenen and Abeler)
DATE D-PG OFFICIAL STATUS
03/10/2016 4960 Introduction and first reading
Referred to State and Local Government
04/06/2016 5675a Comm report:To pass as amended and re-refer to Health,Human Services and Housing
04/07/2016 5715a Comm report:To pass as amended and re-refer to Finance
04/28/2016 6535a Comm report:To pass as amended
6538 Second reading
05/02/2016 6572a Special Order:Amended
6573 Third reading Passed
05/12/2016 7006 Returned from House
Presentment date 05/12/16
05/17/2016 7050 Governor's action Approval 05/12/16
7050 Secretary of State Chapter 111 05/12/16
Effective date 09/01/16
SF2555 REVISOR LCB S2555-4 4th Engrossment
(6)private homes in which the residents are related by kinship,law,or affinity with2.1
the providers of services;2.2
(7)residential settings for persons with developmental disabilities in which the2.3
services are licensed under Minnesota Rules,parts 9525.2100 to 9525.2140,or applicable2.4
successor rules or laws;2.5
(8)a home-sharing arrangement such as when an elderly or disabled person or2.6
single-parent family makes lodging in a private residence available to another person2.7
in exchange for services or rent,or both;2.8
(9)a duly organized condominium,cooperative,common interest community,or2.9
owners'association of the foregoing where at least 80 percent of the units that comprise the2.10
condominium,cooperative,or common interest community are occupied by individuals2.11
who are the owners,members,or shareholders of the units;or2.12
(10)services for persons with developmental disabilities that are provided under2.13
a license according to Minnesota Rules,parts 9525.2000 to 9525.2140 in effect until2.14
January 1,1998,or under chapter 245D;or2.15
(11)a temporary family health care dwelling as defined in sections 394.307 and2.16
462.3593.2.17
Sec.2.[394.307]TEMPORARY FAMILY HEALTH CARE DWELLINGS.2.18
Subdivision 1.Definitions.(a)For purposes of this section,the following terms2.19
have the meanings given.2.20
(b)"Caregiver"means an individual 18 years of age or older who:2.21
(1)provides care for a mentally or physically impaired person;and2.22
(2)is a relative,legal guardian,or health care agent of the mentally or physically2.23
impaired person for whom the individual is caring.2.24
(c)"Instrumental activities of daily living"has the meaning given in section2.25
256B.0659,subdivision 1,paragraph (i).2.26
(d)"Mentally or physically impaired person"means a person who is a resident of2.27
this state and who requires assistance with two or more instrumental activities of daily2.28
living as certified in writing by a physician,a physician assistant,or an advanced practice2.29
registered nurse licensed to practice in this state.2.30
(e)"Relative"means a spouse,parent,grandparent,child,grandchild,sibling,uncle,2.31
aunt,nephew,or niece of the mentally or physically impaired person.Relative includes2.32
half,step,and in-law relationships.2.33
Sec.2.2
SF2555 REVISOR LCB S2555-4 4th Engrossment
(f)"Temporary family health care dwelling"means a mobile residential dwelling3.1
providing an environment facilitating a caregiver's provision of care for a mentally or3.2
physically impaired person that meets the requirements of subdivision 2.3.3
Subd.2.Temporary family health care dwelling.A temporary family health3.4
care dwelling must:3.5
(1)be primarily assembled at a location other than its site of installation;3.6
(2)be no more than 300 gross square feet;3.7
(3)not be attached to a permanent foundation;3.8
(4)be universally designed and meet state-recognized accessibility standards;3.9
(5)provide access to water and electric utilities either by connecting to the utilities3.10
that are serving the principal dwelling on the lot or by other comparable means;3.11
(6)have exterior materials that are compatible in composition,appearance,and3.12
durability to the exterior materials used in standard residential construction;3.13
(7)have a minimum insulation rating of R-15;3.14
(8)be able to be installed,removed,and transported by a one-ton pickup truck3.15
as defined in section 168.002,subdivision 21b,a truck as defined in section 168.002,3.16
subdivision 37,or a truck tractor as defined in section 168.002,subdivision 38;3.17
(9)be built to either Minnesota Rules,chapter 1360 or 1361,and contain an3.18
Industrialized Buildings Commission seal and data plate or to American National3.19
Standards Institute Code 119.2;and3.20
(10)be equipped with a backflow check valve.3.21
Subd.3.Temporary dwelling permit;application.(a)Unless the county has3.22
designated temporary family health care dwellings as permitted uses,a temporary family3.23
health care dwelling is subject to the provisions in this section.A temporary family health3.24
care dwelling that meets the requirements of this section cannot be prohibited by a local3.25
ordinance that regulates accessory uses or recreational vehicle parking or storage.3.26
(b)The caregiver or relative must apply for a temporary dwelling permit from the3.27
county.The permit application must be signed by the primary caregiver,the owner of the3.28
property on which the temporary family health care dwelling will be located,and the3.29
resident of the property if the property owner does not reside on the property,and include:3.30
(1)the name,address,and telephone number of the property owner,the resident of3.31
the property if different from the owner,and the primary caregiver responsible for the care3.32
of the mentally or physically impaired person;and the name of the mentally or physically3.33
impaired person who will live in the temporary family health care dwelling;3.34
(2)proof of the provider network from which the mentally or physically impaired3.35
person may receive respite care,primary care,or remote patient monitoring services;3.36
Sec.2.3
SF2555 REVISOR LCB S2555-4 4th Engrossment
(3)a written certification that the mentally or physically impaired person requires4.1
assistance with two or more instrumental activities of daily living signed by a physician,4.2
a physician assistant,or an advanced practice registered nurse licensed to practice in4.3
this state;4.4
(4)an executed contract for septic service management or other proof of adequate4.5
septic service management;4.6
(5)an affidavit that the applicant has provided notice to adjacent property owners4.7
and residents of the application for the temporary dwelling permit;and4.8
(6)a general site map to show the location of the temporary family health care4.9
dwelling and other structures on the lot.4.10
(c)The temporary family health care dwelling must be located on property where the4.11
caregiver or relative resides.A temporary family health care dwelling must comply with4.12
all setback requirements that apply to the primary structure and with any maximum floor4.13
area ratio limitations that may apply to the primary structure.The temporary family health4.14
care dwelling must be located on the lot so that septic services and emergency vehicles4.15
can gain access to the temporary family health care dwelling in a safe and timely manner.4.16
(d)A temporary family health care dwelling is limited to one occupant who is a4.17
mentally or physically impaired person.The person must be identified in the application.4.18
Only one temporary family health care dwelling is allowed on a lot.4.19
(e)Unless otherwise provided,a temporary family health care dwelling installed4.20
under this section must comply with all applicable state law and local ordinances.4.21
Subd.4.Initial permit term;renewal.The initial temporary dwelling permit is4.22
valid for six months.The applicant may renew the permit once for an additional six months.4.23
Subd.5.Inspection.The county may require that the permit holder provide4.24
evidence of compliance with this section as long as the temporary family health care4.25
dwelling remains on the property.The county may inspect the temporary family health4.26
care dwelling at reasonable times convenient to the caregiver to determine if the temporary4.27
family health care dwelling is occupied and meets the requirements of this section.4.28
Subd.6.Revocation of permit.The county may revoke the temporary dwelling4.29
permit if the permit holder violates any requirement of this section.If the county revokes a4.30
permit,the permit holder has 60 days from the date of revocation to remove the temporary4.31
family health care dwelling.4.32
Subd.7.Fee.Unless otherwise specified by an action of the county board,the4.33
county may charge a fee of up to $100 for the initial permit and up to $50 for a renewal4.34
of the permit.4.35
Sec.2.4
SF2555 REVISOR LCB S2555-4 4th Engrossment
Subd.8.No public hearing required;application of section 15.99.(a)Due to the5.1
time-sensitive nature of issuing a temporary dwelling permit for a temporary family health5.2
care dwelling,the county does not have to hold a public hearing on the application.5.3
(b)The procedures governing the time limit for deciding an application for the5.4
temporary dwelling permit under this section are governed by section 15.99,except as5.5
provided in this section.The county has 15 days to issue a permit requested under this5.6
section or to deny it,except that if the county board holds regular meetings only once per5.7
calendar month the county has 30 days to issue a permit requested under this section5.8
or to deny it.If the county receives a written request that does not contain all required5.9
information,the applicable 15-day or 30-day limit starts over only if the county sends5.10
written notice within five business days of receipt of the request telling the requester what5.11
information is missing.The county cannot extend the period of time to decide.5.12
Subd.9.Opt-out.A county may by resolution opt-out of the requirements of5.13
this section.5.14
Sec.3.[462.3593]TEMPORARY FAMILY HEALTH CARE DWELLINGS.5.15
Subdivision 1.Definitions.(a)For purposes of this section,the following terms5.16
have the meanings given.5.17
(b)"Caregiver"means an individual 18 years of age or older who:5.18
(1)provides care for a mentally or physically impaired person;and5.19
(2)is a relative,legal guardian,or health care agent of the mentally or physically5.20
impaired person for whom the individual is caring.5.21
(c)"Instrumental activities of daily living"has the meaning given in section5.22
256B.0659,subdivision 1,paragraph (i).5.23
(d)"Mentally or physically impaired person"means a person who is a resident of5.24
this state and who requires assistance with two or more instrumental activities of daily5.25
living as certified in writing by a physician,a physician assistant,or an advanced practice5.26
registered nurse licensed to practice in this state.5.27
(e)"Relative"means a spouse,parent,grandparent,child,grandchild,sibling,uncle,5.28
aunt,nephew,or niece of the mentally or physically impaired person.Relative includes5.29
half,step,and in-law relationships.5.30
(f)"Temporary family health care dwelling"means a mobile residential dwelling5.31
providing an environment facilitating a caregiver's provision of care for a mentally or5.32
physically impaired person that meets the requirements of subdivision 2.5.33
Subd.2.Temporary family health care dwelling.A temporary family health5.34
care dwelling must:5.35
Sec.3.5
SF2555 REVISOR LCB S2555-4 4th Engrossment
(1)be primarily assembled at a location other than its site of installation;6.1
(2)be no more than 300 gross square feet;6.2
(3)not be attached to a permanent foundation;6.3
(4)be universally designed and meet state-recognized accessibility standards;6.4
(5)provide access to water and electric utilities either by connecting to the utilities6.5
that are serving the principal dwelling on the lot or by other comparable means;6.6
(6)have exterior materials that are compatible in composition,appearance,and6.7
durability to the exterior materials used in standard residential construction;6.8
(7)have a minimum insulation rating of R-15;6.9
(8)be able to be installed,removed,and transported by a one-ton pickup truck6.10
as defined in section 168.002,subdivision 21b,a truck as defined in section 168.002,6.11
subdivision 37,or a truck tractor as defined in section 168.002,subdivision 38;6.12
(9)be built to either Minnesota Rules,chapter 1360 or 1361,and contain an6.13
Industrialized Buildings Commission seal and data plate or to American National6.14
Standards Institute Code 119.2;and6.15
(10)be equipped with a backflow check valve.6.16
Subd.3.Temporary dwelling permit;application.(a)Unless the municipality has6.17
designated temporary family health care dwellings as permitted uses,a temporary family6.18
health care dwelling is subject to the provisions in this section.A temporary family health6.19
care dwelling that meets the requirements of this section cannot be prohibited by a local6.20
ordinance that regulates accessory uses or recreational vehicle parking or storage.6.21
(b)The caregiver or relative must apply for a temporary dwelling permit from the6.22
municipality.The permit application must be signed by the primary caregiver,the owner6.23
of the property on which the temporary family health care dwelling will be located,and the6.24
resident of the property if the property owner does not reside on the property,and include:6.25
(1)the name,address,and telephone number of the property owner,the resident of6.26
the property if different from the owner,and the primary caregiver responsible for the care6.27
of the mentally or physically impaired person;and the name of the mentally or physically6.28
impaired person who will live in the temporary family health care dwelling;6.29
(2)proof of the provider network from which the mentally or physically impaired6.30
person may receive respite care,primary care,or remote patient monitoring services;6.31
(3)a written certification that the mentally or physically impaired person requires6.32
assistance with two or more instrumental activities of daily living signed by a physician,6.33
a physician assistant,or an advanced practice registered nurse licensed to practice in6.34
this state;6.35
Sec.3.6
SF2555 REVISOR LCB S2555-4 4th Engrossment
(4)an executed contract for septic service management or other proof of adequate7.1
septic service management;7.2
(5)an affidavit that the applicant has provided notice to adjacent property owners7.3
and residents of the application for the temporary dwelling permit;and7.4
(6)a general site map to show the location of the temporary family health care7.5
dwelling and other structures on the lot.7.6
(c)The temporary family health care dwelling must be located on property where the7.7
caregiver or relative resides.A temporary family health care dwelling must comply with7.8
all setback requirements that apply to the primary structure and with any maximum floor7.9
area ratio limitations that may apply to the primary structure.The temporary family health7.10
care dwelling must be located on the lot so that septic services and emergency vehicles7.11
can gain access to the temporary family health care dwelling in a safe and timely manner.7.12
(d)A temporary family health care dwelling is limited to one occupant who is a7.13
mentally or physically impaired person.The person must be identified in the application.7.14
Only one temporary family health care dwelling is allowed on a lot.7.15
(e)Unless otherwise provided,a temporary family health care dwelling installed7.16
under this section must comply with all applicable state law,local ordinances,and charter7.17
provisions.7.18
Subd.4.Initial permit term;renewal.The initial temporary dwelling permit is7.19
valid for six months.The applicant may renew the permit once for an additional six months.7.20
Subd.5.Inspection.The municipality may require that the permit holder provide7.21
evidence of compliance with this section as long as the temporary family health care7.22
dwelling remains on the property.The municipality may inspect the temporary family7.23
health care dwelling at reasonable times convenient to the caregiver to determine if the7.24
temporary family health care dwelling is occupied and meets the requirements of this7.25
section.7.26
Subd.6.Revocation of permit.The municipality may revoke the temporary7.27
dwelling permit if the permit holder violates any requirement of this section.If the7.28
municipality revokes a permit,the permit holder has 60 days from the date of revocation7.29
to remove the temporary family health care dwelling.7.30
Subd.7.Fee.Unless otherwise provided by ordinance,the municipality may charge7.31
a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.7.32
Subd.8.No public hearing required;application of section 15.99.(a)Due to the7.33
time-sensitive nature of issuing a temporary dwelling permit for a temporary family health7.34
care dwelling,the municipality does not have to hold a public hearing on the application.7.35
Sec.3.7
SF2555 REVISOR LCB S2555-4 4th Engrossment
(b)The procedures governing the time limit for deciding an application for the8.1
temporary dwelling permit under this section are governed by section 15.99,except as8.2
provided in this section.The municipality has 15 days to issue a permit requested under8.3
this section or to deny it,except that if the statutory or home rule charter city holds regular8.4
meetings only once per calendar month the statutory or home rule charter city has 30 days8.5
to issue a permit requested under this section or to deny it.If the municipality receives a8.6
written request that does not contain all required information,the applicable 15-day or8.7
30-day limit starts over only if the municipality sends written notice within five business8.8
days of receipt of the request telling the requester what information is missing.The8.9
municipality cannot extend the period of time to decide.8.10
Subd.9.Opt-out.A municipality may by ordinance opt-out of the requirements8.11
of this section.8.12
Sec.4.EFFECTIVE DATE.8.13
This act is effective September 1,2016,and applies to temporary dwelling permit8.14
applications made under this act on or after that date.8.15
Sec.4.8
Date: November 14, 2016 Agenda Item #: VI.B.
To:Community Health Commission Item Type:
Report and Recommendation
From:Caleb Shultz
Item Activity:
Subject:Tobacco Regulation Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
Discussion of 2017 work plan item related to tobacco regulation in the City. Information attached regarding
possible ordinance language, rationale, and enforcement considerations.
ATTACHMENTS:
Description
DRAFT Tobacco Ordinance Language
Tobacco Enforcement Considerations
Joint Work Session Powerpoint Presentation
EDINA CODE OF ORDINANCES
ARTICLE VI. - SALE OF TOBACCO; LICENSING
DIVISION 1. - GENERALLY
Sec. 12-189. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Child-resistant packaging means packaging that meets the definition set forth in Code of
Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested
in accordance with the method described in Code of Federal Regulations, title 16, section
1700.20, as in effect on January 1, 2015.
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 ageminors 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.
Electronic delivery device and e-cigarette mean any product containing or delivering
nicotine, lobelia, or any other substance intended for human consumption that can be used by
a person to simulate smoking in the delivery of nicotine or any other substance through
inhalation of vapor from the product. 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.
Minor means any natural person who has not yet reached the age of 18 years.
Movable place of business means 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.
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,
Comment [PHLC1]: At some point, age-
related findings may be needed. They can be
incorporated into the adopted ordinance, or
separately submitted onto the record.
We can help with that assistance when needed as well.
Comment [PHLC2]:
Why would this be added? Beginning January 1, 2015, liquids (“e-liquids”
or “e-juice”) that are sold for use in electronic
delivery devices (more commonly referred to
as “electronic cigarettes” or “e-cigarettes”)
must be in child-resistant packaging.
The child-resistant packaging requirement is –
like most of our state tobacco licensing laws –
enforced locally by the cities and counties.
It is practically difficult – if not impossible – for
a local official to know whether any bottle
(vial, etc.) of e-liquid was 1) designed and 2)
tested to be child-resistant.
With a little ordinance language, cities and
counties can make their enforcement
responsibilities a little less burdensome. They
can require their licensees to provide written documentation of their compliance. That
language could or would be added to “Division
III – Rules and Regulations.”
The term “child-resistant packaging” has a
critical – and specific – meaning in the
regulations that follow. Defining all critical
terms is considered a better or best practice.
Comment [PHLC3]:
Why would this be changed?
Under current law – state and/or local –
minors (18 and under) cannot purchase tobacco and related devices and products.
Minnesota law requires at least one “youth
access” compliance check per year to monitor
retailer compliance with the age restrictions.
Minors – under law enforcement supervision –
attempt to buy tobacco (and related devices
and products).
When the minimum sales age is raised to 21, the city will want monitor whether retailers
are selling to anyone under 21. To do so, 18,
19, and 20 year olds should also be used in
some compliance checks. ...
Page 1
or for other medical purposes, and is being marketed and sold solely for such an approved
purpose.
Retail sale means any transfer of goods for money, trade, barter or other consideration.
Self-service merchandising means the open displays of tobacco or tobacco-related
products, or tobacco-related devices in any manner where any person shall have access to the
tobacco or tobacco-related products, or tobacco-related devices, without the assistance or
intervention of the licensee or the licensee's employee.
Smoking lounge means a location licensed to sell tobacco products where:
(1) Except for a bona fide sale of a smoking device, provided or otherwise made available
for use by a customer, potential customer, or any other person a smoking device for
the purpose of smoking any tobacco product;
(2) It is provided in exchange for a fee or any other consideration seating within or access
to the indoor area of a tobacco products shop; or
(3) It is permitted within the indoor area the sampling of any tobacco product which was
not furnished by the tobacco products shop on the date and at the time the sampling
occurs.
Tobacco or tobacco-related product 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; 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 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 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, or 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.
Vapor lounge means a location that sells electronic delivery devices where:
(1) Except for a bona fide sale of electronic delivery devices, provided or otherwise made
available for use by a customer, potential customer, or any other person a device or
product for the purpose of using an electronic delivery device product;
(2) It is provided in exchange for a fee or any other consideration seating within or access
to the indoor area of a shop that sells electronic delivery devices; or
Comment [PHLC4]:
Why would this be added? Minnesota law requires a local license – city or
county – to sell four types of products.
• Tobacco (cigarettes, cigars and other
products made, containing, or derived from
tobacco).
• Tobacco-related devices (pipes, rolling
papers and the like). • Electronic delivery devices (e-cigarettes
and other devices that simulate smoking).
And
• Nicotine or lobelia delivery products (a
product that contains/delivers nicotine or lobelia that isn’t 1) tobacco or 2) an
electronic delivery device). .
The first three are specifically covered by the
current ordinance (or code section), the fourth
isn’t.
Nicotine and lobelia delivery products aren’t a
big concern today. But the term would cover
synthetics and other derivate – something that could become a bigger issue in the future.
Formatted: Font: Not Bold
Comment [PHLC5]:
Why would this be added/changed? Consistency and/or uniformity with state law.
Inhalation of vapors was added to the
“tobacco-related device” definition we find in
state law.
Comment [PHLC6]:
Why would this be added?
Most efficient way to add “nicotine or lobelia
delivery products.” Wherever “tobacco-
related device” is found all throughout the
regulations, nicotine or lobelia delivery
products will be covered as well.
Note: While the most efficient way to add a
new term, it’s not necessarily the most ideal
way to do it. If there is broader interest in
Page 2
(3) It is permitted within the indoor area of a shop that sells electronic delivery devices
the sampling of any electronic delivery device product which was not furnished by the
shop on the date and time the sampling occurs
Vending machine means any mechanical, electric or electronic, or other type of device
which dispenses tobacco or tobacco-related products or tobacco-related devices upon the
insertion of money, tokens or other form of payment directly into the machine by the person
seeking to purchase the tobacco, tobacco-related product or tobacco-related devices.
Secs. 12-190—12-216. - Reserved.
DIVISION 2. - LICENSE
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.
Sec. 12-218. - License procedure.
The provisions of article II of this chapter shall apply to all licenses required by this article
and to the holders of such licenses, except that licenses shall be issued or denied by the
sanitarian. The applications for a license shall be on forms provided by the sanitarian and shall
be accompanied by the fee set forth in section 2-724.
Sec. 12-219. - Term of license.
Each license issued pursuant to this article shall expire on March 31 of each calendar year.
Secs. 12-220—12-246. - Reserved.
Page 3
DIVISION 3. - RULES AND REGULATIONS
Sec. 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 21minor.
(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.
Sec. 12-248. - Controlled substances.
No person shall sell or keep for sale any tobacco containing any controlled substance as
defined in article VI of chapter 22, except nicotine or tobacco.
Sec. 12-249. - Vending machine and movable place of business.
No person shall sell any tobacco, tobacco-related product or tobacco-related device from a
vending machine or from a movable place of business.
Sec. 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
Comment [PHLC7]: Why would this be added/changed?
In order to raise the minimum sales age to 21,
and to prohibit people from purchasing
tobacco on an underage person’s behalf.
Note: These two restrictions are found in the
city’s current code, with only the minimum
age changed from 18 to 21.
While it would apply to any sale, the
restrictions are as a whole retail-retailer
focused.
Unlike some other city ordinances, “gifting” or
“furnishing” aren’t specifically covered by
these restrictions.
They can be added.
But if they are broadly added (covering all
gifting/furnishing that happens anywhere in
the city), you could create some of the
“interactions” you are hoping to avoid.
They could be added more narrowly and only
really apply to retailers. But, the expanded
free sampling prohibition found in the FDA
deeming regulation may make that change pretty unnecessary.
Comment [PHLC8]:
Why would this be added?
In order to require retailers to check identification, as well as to provide a
consequence under these regulations for
those retailers who don’t.
Federal law requires age verification for those
under 27. This would raise the age
commensurate with the higher minimum.
Comment [PHLC9]:
Why would this be added?
To require licensees to post notice of the
higher age and ID verification requirements.
Written so that the city will create the signage
and the license will be required to use what is
provided.
Page 4
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 minors persons under 21 years of age from entering the establishment at all
times unless accompanied by a parent or legal guardian;
(2) Post notice advising of the prohibition is conspicuously displayed at all entrances to
the establishment; and
(3) DEither derive at least 90 percent of their revenues from the sale of tobacco and
tobacco-related products or limit self-service merchandising to cigars and cigar-related
products.
Sec. 12-251. - Illegal possession.
No minor shall have in his possession any tobacco, tobacco-related product or tobacco-
related device. This section shall not apply to minors lawfully involved in compliance checks.
Sec. 12-252. - Illegal use.
No minor shall smoke, chew, sniff or otherwise use any tobacco, tobacco-related product
or tobacco-related device.
Sec. 12-253. - Illegal procurement.
No minor shall purchase or attempt to purchase or otherwise obtain any tobacco, tobacco-
related product or tobacco-related device, and no person shall purchase or otherwise obtain
such items on behalf of a minor. No person shall coerce or attempt to coerce a minor to illegally
purchase or otherwise obtain or use any tobacco, tobacco-related product or tobacco-related
device. This section shall not apply to minors lawfully involved in compliance checks.
Sec. 12-254. - Use of false identification.
No person under the age of 21minor 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.
Sec. 12-255. - Compliance checks and inspections.
Comment [PHLC10]:
Why would this be added/changed?
While self-service or open displays are generally prohibited, state law provides an
exception for certain “adult-only” facilities.
Under state law, that would be 18 and over.
If the minimum sales age is raised to 21, the
minimum age to enter a tobacco-only shop in
Edina could be raised as well. If an 18, 19, or
20 year old isn’t allowed to purchase tobacco
(and related devices and products), there’s no
real reason why they should be inside the store.
...
Comment [PHLC11]: Why would this be added/changed?
Because it is a typo. I guess it doesn’t have to
be changed, but they might want to fix it.
Comment [PHLC12]:
Why would this be added/changed?
To align with state law.
...
Comment [PHLC13]:
Why would this be deleted?
In order to remove the local-city age-based
restriction.
Comment [PHLC14]: Why would this be
deleted?
In order to remove the local-city age-based
restriction.
Comment [PHLC15]: In order to remove
the local-city age-based restriction.
Note: - The “procurement on behalf of a
minor” content was retained, moved to the “legal age” section.
Comment [PHLC16]:
Why would this be added/changed?
To cover any/all underage persons who might
use false identification in order to attempt to ...
Comment [PHLC17]: Why would this be changed?
Gender equity.
...
Page 5
(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 the written consent of their parents or guardians, minors persons over 15
years but less than 218 years, to enter the licensed premises to attempt to purchase
tobacco, tobacco-related products or tobacco-related devices.
(1) Prior written consent is required for any minor who participates in a compliance check.
(2) MinorsPersons used for the purpose of compliance checks shall be supervised by
designated law enforcement officers or other designated city personnel.
(32) PersonsMinors 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 a part of the compliance check.
(43) No personminor used in the compliance checks shall attempt to use a false
identification misrepresenting the person’sminor's age, and all personsminors lawfully
engaged in a compliance check shall answer all questions about the person’s minor'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.
Sec. 12-256. - Smoking and vapor lounges.
Smoking lounges and vapor lounges are prohibited.
Sec. 12 - 2__ Liquid Packaging.
No person shall sell or offer to sell any liquid, whether or not such liquid contain 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.
Secs. 12-257—12-273. - Reserved.
Comment [PHLC18]:
Why would this be added/changed? State law requires written parental/guardian
consent for minors involved in compliance
checks.
Consent would not be required for 18, 19, and
20 years-olds who act as “decoys.” Written
consent is still relevant, but its placement
within the subsection could or should be
altered.
Comment [PHLC19]:
Why would this be changed?
So 18, 19, and 20 year olds can participate in compliance checks in order to monitor retailer
compliance regarding all underage individuals.
Comment [PHLC20]: Why would this be added?
State law requires written parental/guardian
consent for minors involved in compliance
checks. Consent would not be required for 18,
19, and 20 years-olds. As such, this
requirement could or should be moved to a
different location in this subsection
Comment [PHLC21]:
Why would this be changed?
If the minimum sales age is raised, “non-
minors” will be used in these compliance
checks as well. Use of “persons” is more
accurate.
Comment [PHLC22]:
Why would these changes be made?
If the minimum sales age is raised, “non-minors” will be used in these compliance ...
Comment [PHLC23]:
Why would this be changed? Gender equity.
...
Comment [PHLC24]: City can determine the appropriate section for this new
regulation.
Comment [PHLC25]: Why would this be added?
Beginning January 1, 2015, liquids (“e-liquids”
or “e-juice”) that are sold for use in electronic
delivery devices (more commonly referred to ...
Page 6
DIVISION 4. - ENFORCEMENT; PENALTIES
Sec. 12-274. - Violations.
The notification and hearing process set forth in this division will apply to violations of this
article.
Sec. 12-275. - Notice.
Upon discovery of a suspected violation, the alleged violator shall be issued, either
personally or by mail, a citation that sets forth the alleged violations and which shall inform the
alleged violator of his rights to be heard on the accusation.
Sec. 12-276. - Hearings.
If a person accused of violating this division so requests, a hearing shall be scheduled, the
time and place of which shall be published and provided to the accused violator.
Sec. 12-277. - Hearing officer.
The city council shall serve as the hearing officer until such time a hearing officer is
appointed by the city council.
Sec. 12-278. - Decision.
If the hearing officer determines that a violation of this article did occur, that decision
along with the reasons for finding a violation and the penalty to be imposed under section 12-
282, shall be recorded in writing, a copy of which shall be provided to the accused violator.
Likewise, if the hearing 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.
Sec. 12-279. - Appeals.
Appeals of any decision made by the hearing officer shall be filed in the county district
court.
Page 7
Sec. 12-280. - Misdemeanor prosecution.
Nothing in the article shall prohibit the city from seeking prosecution as a misdemeanor for
any alleged violation of this article. If the city elects to seek misdemeanor prosecution, an
administrative penalty may also be imposed.
Sec. 12-281. - Continued violation.
Each violation, and every day in which a violation occurs or continues, shall constitute a
separate offense.
Sec. 12-282. - Penalties.
The following administrative penalties will be applied as set forth in this section:
(1) Licensees. Any licensee found to have violated this article, or whose employee shall
have violated this article, shall be charged an administrative fine of:
a. $75.00 for the first violation of this article;
b. $200.00 for the second offense at the same licensed premises within a 24-month
period;
c. $250.00 for a third offense at the same location within a 24-month period and the
license shall be suspended for not less than seven days; and
d. $500.00 for a fourth offense at the same location within a 24-month period. In
addition, after the fourth offense, the license shall be revoked.
(2) Other individuals. Other individuals, other than personsminors regulated by
subsection (3) of this section, found to be in violation of this article shall be charged an
administrative fee of $50.00.
(3) Underage personsMinors. Persons under 21 years of age Minors who use or are found
in unlawful possession of, or who unlawfully purchase or attempt to use false
identification to purchase, tobacco, tobacco-related products or tobacco-related
devices may be subject to tobacco-related education classes, shall be charged an
administrative fee of $75.00 per offense or a minimum fee of $25.00 and satisfactory
completion of a diversion programs, community service, or other penalty that
acceptable to the city believes will be appropriate or effective.
Comment [PHLC26]:
Why would this be changed?
Because some adults will also be covered by
the penalty provided in subsection 3 – not just minors any more.
Formatted: Font: Bold
Comment [PHLC27]:
Why would this be changed?
The prohibited activities (possession, use, and
purchase) have been stripped out of the section, leaving only false identification.
Administrative fine removed, with alternative
consequences prioritized.
Page 8
(4) Misdemeanor. Nothing in this article shall prohibit the city from seeking prosecution
as a misdemeanor for any violation of this article.
Sec. 12-283. - Exceptions and dDefenses.
Nothing in this article shall prevent the providing of tobacco, tobacco-related products or
tobacco-related devices to a minor as part of a lawfully recognized religious, spiritual or cultural
ceremony. 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.
Secs. 12-284—12-314. - Reserved.
Comment [PHLC28]: Why would this be changed? The “use” and “possession” restrictions have
been stripped out of these regulations.
As such, it is not necessary to specifically
provide an exception that would allow minors
(or 21 and under) from using tobacco during
these types of ceremonies.
Page 9
RAISING THE TOBACCO SALE AGE TO 21:
BUILDING STRONG ENFORCEMENT INTO THE LAW
Raising the minimum legal sale age of tobacco products to 21 (Tobacco 21) is an important,
emerging policy strategy to reduce smoking that complements and builds on proven approaches
such as tobacco prevention and cessation programs, higher tobacco taxes and smoke-free air
laws. Raising the tobacco sale age to 21 will have a substantial positive impact on public health
and save lives.
Under federal law, and the law of every state, it is illegal for a retailer to sell tobacco products to
persons younger than 18 years of age; a few states have set the minimum age at 19.1 In recent
years, at least 135 localities in nine states have enacted ordinances or issued regulations
raising the minimum age for tobacco sales to 21. In 2015, Hawaii became the first state to enact
such a law, and recently California followed suit (Note: as of 4/22/16, the legislation awaits the
Governor’s signature).
The momentum for Tobacco 21 was strengthened in 2015 with the release of an Institute of
Medicine report predicting that raising the tobacco sale age to 21 nationally would, over time,
reduce the smoking rate by about 12 percent and smoking-related deaths by 10 percent, which
translates into 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer and 4.2
million fewer years of life lost.
To be effective, youth access laws must be rigorously enforced. Unfortunately youth access
laws are often poorly enforced. The national "Monitoring the Future" survey reports that two-
thirds of 10th grade students found cigarette access to be "fairly easy or very easy."2 The most
recent federally mandated retailer compliance rate survey under the Synar Program found that
one in ten retailers sell to kids aged 14-17.3 Moreover, too few retailers are fined or suffer
license suspension. Because adolescents readily identify those retailers who will sell to them,
an effective law must substantially reduce these levels of retailer non-compliance.
It is critical that age of sale laws are strictly enforced to ensure a high rate of compliance. The
most effective way to ensure compliance is to take enforcement into account in drafting
an ordinance or regulation, rather than considering it only after a proposal is adopted.
The purpose of this Memorandum is to provide recommendations for enforcement to localities
considering raising the tobacco sale age to 21.
2
In part, these recommendations are drawn from ordinances that already have been adopted.
They are also drawn from lessons learned from setting the sale age at 18.4 Jurisdictions
considering raising the sale age should review their current laws to identify weaknesses that can
be addressed in new minimum age legislation. We have provided alternatives because each
locality is unique and the best way to include language in any ordinance may vary from
jurisdiction to jurisdiction. Nevertheless, these suggestions are based on common principles
that apply to all situations and each suggested provision should be considered by any state, city
or county in crafting language to raise the tobacco sale age.
Designate an Enforcement Agency
Designating an enforcement agency in advance and making clear who is responsible for
enforcement, and the tools that will be available to the enforcement agency, always enhances
enforcement, but not all existing ordinances do so.
Some existing sale-at-21 ordinances define violations and specify the penalties for violation,
without designating a particular agency as responsible and accountable for enforcement of the
ordinance. Practically, this may be less of a problem in jurisdictions that have existing youth
access laws, have previously designated the enforcement agency for enforcing those laws, and
are merely raising the age from 18 to 21 under the same authority. However most state and
local authorities rely on compliance checks organized and funded by the FDA under the 2009
Family Smoking Prevention and Tobacco Control Act. Unfortunately the FDA can only enforce
up to age 18 and, at this time, cannot enforce laws on non-cigarette tobacco products like e-
cigarettes and small cigars. If the FDA or its contract agent does all of the youth access
enforcement in a jurisdiction, an alternative arrangement may be needed to enforce age 21.
After understanding what agency or authority currently enforces youth access to tobacco, it is
important to ascertain how successful the retailer compliance program has been. Enforcement
programs often consist of compliance checks in which “decoy” underage purchasers test
compliance with age-verification requirements as well as minimum-age restrictions under the
supervision of an adult. Effective programs visit each retail tobacco outlet at least once or twice
per year to conduct random unannounced inspections, with follow-up checks on non-compliant
stores.
For those with no preexisting youth access law or for local jurisdictions in which enforcement of
age 18 has been handled entirely by a state enforcement agency or the FDA, it is important to
designate a local enforcement agency and to give that agency explicit authority to enforce the
ordinance, in the text of the ordinance itself. This will provide certainty as to what entity is
responsible for enforcement and, just as important, what agency is accountable for
enforcement. Determining who will enforce, and how enforcement will be conducted, will require
pre-planning to allow time to communicate with key stakeholders. It is advisable to identify the
intended enforcing agency in advance, consult with the agency where possible, and then
include its representatives in discussions as the language is drafted.
Some existing ordinances designate the local public health department or officer, some
designate local law enforcement, and others designate both a public health enforcement entity
and a law enforcement entity. The designation of more than one locus of enforcement
responsibility may provide needed flexibility, as long as there is no confusion as to responsibility
and accountability. When possible under state law, we advise using existing regulatory
authorities such as health department inspectors or experienced contractors rather than relying
on the police or sheriff's office where resources may be stretched. Enforcement should focus
3
on the retailer who sells to a person under 21, not on the below-age purchaser. Generally
enforcement does not take place at the time of the compliance check. Instead a violation letter
is sent later describing the violation and stipulating the warning or penalty.
Identify a Dedicated Funding Source for Enforcement
Regardless of what agency is designated for enforcement duties, effective enforcement requires
a consistent, dependable source of funding for enforcement efforts. Such a program of decoy-
based compliance checks, of course, requires commitment and adequate resources.
A jurisdiction should not automatically assume that existing funding is adequate because a local
authority already has funds to enforce the existing youth access law. For example, it may be
that localities currently receive funding from state tobacco control programs or the FDA to
enforce 18 as the minimum age under current state or local law, but this money may not be
available to enforce local ordinances raising the age to 21 because selling tobacco products to
18-20 year olds does not violate state or federal law. (Currently only Hawaii has adopted
Tobacco 21; as of 4/22/16 California’s legislation awaits the Governor’s signature.) Compliance
checks to enforce Tobacco 21 ordinances necessarily involve decoys in the 18-20 age range
and state or federal funding may not be available to recruit and deploy decoys of that age group.
Identifying funds is important for success and the source of such funds should be specified in
the ordinance. Again, determining the source of funding will require a pre-drafting planning
process to consult with stakeholders. For example, some localities specify that fines for non-
compliance are to be used to fund compliance checks and other enforcement activities. When
establishing the level of fines for violation of the ordinance, jurisdictions should consider not only
the minimum necessary to encourage compliance, but also the level sufficient to provide a
dependable source of enforcement funding going forward.
Where a jurisdiction requires a license to sell tobacco products, license fees can also be
specified as a source of enforcement funds. Some jurisdictions (e.g. Boston, MA) provide for
the use of both fines and fees. To the extent possible, it is desirable that tobacco enforcement
and/or regulatory activity be self-funding (through the use of fines and fees) to ensure
continuous and dependable funding. The ordinances of some jurisdictions identify a preexisting
fund for enforcement not limited to tobacco enforcement (e.g. county or city general funds).
Require a Specified Number of Compliance Checks
Localities should also consider including a provision mandating a minimum number of
compliance checks per retailer for a specific period of time. For example, the Minneapolis, MN
licensing law enforces the minimum age of 18 for tobacco sales by requiring unannounced
compliance checks to be conducted at least annually at each location where tobacco is sold and
then, in the event of a first violation, mandating another check within the following six months
and at least twice within a year of the first violation. The Santa Clara County, CA ordinance
specifies a minimum standard of two decoy-based compliance checks each year for
implementation of its age 21 law. This kind of requirement should be a substantial incentive for
compliance, as well as making the enforcement authority easily accountable for a given level of
enforcement activity.
4
License Tobacco Retailers or, Where There Is An Existing Licensing System, Use Threat
of License Suspension or Revocation as an Enforcement Sanction
A tobacco retailer licensing system can be important in enhancing enforcement. Not only does
a license fee provide a stable and reliable source of funding for enforcement, but also the threat
of license suspension and revocation can be a powerful incentive for compliance. As example,
Needham, MA, often cited as the progenitor city for Tobacco 21, developed excellent retailer
compliance only after it issued a 60 day suspension to one retailer. The requirement of license
renewal also allows local enforcement agencies to keep a current census of tobacco retailers.
In several jurisdictions, including Boston, MA and Santa Clara County, CA, license suspension
or revocation is expressly available as a sanction for non-compliance with the minimum legal
sale age of 21. Most states already have a tax-license system for tobacco, but we suggest that
age 21 ordinances contain a revocable local license that also funds enforcement efforts.
Provide for Citizen Complaints of Violations
The ordinances of several jurisdictions, including Bergenfield, NJ, Rutherford, NJ and Boston,
MA, provide for citizen complaints of violations. While some citizens currently contact agencies
in their community to report violations of laws, this type of provision may help invite the
community to assist in enforcement of these ordinances, while providing an additional incentive
for compliance and enhance accountability. Ordinances should make clear how, and with what
agency, such complaints should be filed, as well as providing for public education to ensure
general knowledge of the complaint mechanism.
Require Appropriate Signage at Retail Stores
Local Tobacco 21 ordinances also can enhance compliance by requiring retailers to post
appropriate signage, or change existing signage, in prominent locations easily readable by
consumers and the public, making it clear that 21 is the minimum age to purchase tobacco
products. Cleveland’s ordinance, for example, has an express provision for signage. In
addition, if the public is more aware of the new minimum age, it will tend to encourage citizen
complaints of violations. Signage should include information about state and local resources to
help tobacco users quit. In the pre-drafting planning phase, it is important to determine who will
be responsible for printing and distributing signs, including covering the cost. It also is important
to work with the enforcing agency ahead of time to determine how the newly-required signs
concerning the local 21 ordinance will relate to any preexisting signage required by state law for
sales to persons under 18.
Provide for Retailer Education
Local ordinances should provide for the education of retailers as to the new minimum age and
specify the agency responsible for conducting such education. Retailer education will prevent
inadvertent non-compliance due to ignorance of the new age limit, as well as laying the
groundwork for successful enforcement actions and the application of appropriate penalties
when violations occur. It is important to build in time between enactment of the policy and its
effective date to make sure there is enough time to educate retailers, adopt new signage, etc.
5
1 The states with the tobacco sale age at 19 are Alaska, Alabama, New Jersey, and Utah.
2 Monitoring the Future Survey, 2015. Survey Research Center, Institute for Social Research, University of Michigan,
Ann Arbor, Michigan.
3 Tobacco sales to youth. Annual Synar Reports FFY 2013. Substance Abuse and Mental health services
administration. http://www.samhsa.gov/sites/default/files/synar-annual-report-2013.pdf. 4 DiFranza, Joseph R. "Best practices for enforcing state laws prohibiting the sale of tobacco to minors," Journal of
Public Health Management and Practice November-December 11(6), 2005.
A Tobacco-Free Generation
in Edina:
Tobacco 21
Caleb Schultz, MD, MPH
Community Health Commission
Primary Prevention is Key
•Preventing youth from starting to smoke is
essential to reducing smoking prevalence
•When do adult smokers start?
–90% before age 18
–95% before age 21
–100% by age 26
•Many smokers transition to regular use during
the ages of 18-21
U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: 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. 2012
Kids get tobacco from older peers
•Older youth smokers
(18-19) are a major
supplier for younger kids
•63 percent of 12 to 17
year-olds who smoked in
the last month gave money
to others to purchase
cigarettes for them
•Benefits of raising tobacco
purchasing age to 21 for people
born between 2000-2019:
•10% reduction in smoking-related
mortality
•223,000 fewer premature deaths
•4.2 millions fewer years of life lost
•50,000 fewer deaths from lung
cancer
•25% Drop in Youth Initiation (15-17
year olds)
•12% Drop in Overall Smoking Rate
overtime
•12% Drop in Prematurity
•16% Drop in SIDS
Needham-MetroWest High School
Smoking Study
•Current smoking decreased by 50% in Needham
•Frequent smoking decreased by 65% in Needham
18–20 year olds
purchase only 2%
of cigarettes sold,
but are 90% of the
supply of addictive
tobacco to younger
kids.
Growing Momentum
•In the last two years over 180 cities in 12 states
covering 60 million people have raised their
minimum sales age for tobacco to 21
–New York City, Kansas City, Chicago, Cleveland, Boston,
and San Francisco
•Hawaii 2015
•California 2016
–Includes electronic cigarettes and other vaping
products
•Edina would be the first in Minnesota
There is public support for Tobacco 21
•A 2014 national survey
shows that 75 percent of
adults favor increasing the
minimum purchase age for
tobacco to 21
•Even 70 percent of smokers
are in support of raising the
minimum legal age
Tobacco 21