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City Council Minutes March 13, 1996 Page 2 PROPOSED AMENDMENT TO CHAPTER 2(A) OF THE ADMINISTRATIVE CODE RELATED TO THE HUMAN RIGHTS COMMISSION Administrator Hoyt explained that the proposed amendment reflected a change in the role of the human rights commission since its inception in 1968 to update the structure of the commission and to make it more flexible and responsive to the city's current needs. The commission would meet semi-annually and at the council's request on an as-needed basis. Four additional commissioners, including one youth commissioner, would be appointed by the council when the city has a specific human rights issue to address. After modifying the proposed amendment, Councilmember Jacobs moved to adopt the revisions. Motion passed unanimously. Councilmember Gibson Talbot moved to repeal the current commissioners' terms of Tai Shigaki, Ted Johnson and Paul Martinez. Motion passed unanimously. CONSIDERATION OF ORDINANCE 96-02 REGARDING TOBACCO RELATED PRODUCTS Administrator Hoyt explained that the city's ordinance governing tobacco sales to minors was reviewed by Martin Costello, the city's prosecuting attorney. State statute now defines the sales of tobacco to minors as a gross misdemeanor and it specifically states that localities cannot be less stringent than the state statute. Therefore, the city must prosecute clerks under the gross misdemeanor charges instead of its own ordinances. Mr. Costello recommended repealing the section regarding clerk penalties in order to preserve uniformity with the state statute. Also in Chapter 5-1.03 subd. D (7), language is recommended to clarify that youth that purchase tobacco products under the supervision of an adult engaged in education or research purposes are exempt from state legal penalties. This section allows youth working with the police department to legally purchase tobacco during compliance checks. Councilmember Hustad stated his objection to the state preempting local tobacco ordinances by requiring a minimum gross misdemeanor penalty for tobacco sales to minors. This penalty of up to 53,000 and 90 days in jail is too tough and will rarely, if ever, be imposed. The penalty called for by the city ordinance and now preempted by the state was more reasonable and more likely to be enforced. Councilmember Jacobs moved to approve Ordinance 0-96-02. Mayor Gehrz and Councilmembers Gibson Talbot and Jacobs voted yes. Councilmember Hustad abstained. 2 ~ `.