04-24-2019 Council Packet - Laserfiche WebLink

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802-8 (2) There shall be no display of tobacco-related devices Licensed Products except for cigarette lighters for sale on the licensed premises, whether the sale is for the benefit of the licensee or for a third party (e.g. consignment). (c) The following restrictions apply to all licenses: (1) Vending machines used to dispense Licensed ProductsTobacco Products or delivery devices shall be prohibited. (2) No sales shall be made by means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the Licensed Productstobacco, tobacco product, tobacco-related device, or delivery device and whereby there is not a physical exchange of the Licensed Productstobacco, tobacco product, tobacco-related device, or delivery device between the licensee, or the licensee's employee, and the customer. (3) A licensee shall comply with all applicable regulations of the State of Minnesota relating to the sale or dispensing of Licensed ProductsTobacco Products and delivery devices. If there is a conflict between the regulations of the State and the regulations of the City, the more restrictive regulations shall control. (4) Every licensee is responsible for the conduct of its employees while on the licensed premises. Any sale or other disposition of Licensed ProductsTobacco Products or delivery devices by an employee of a licensee shall be considered an act of the licensee. 802.080. SALES TO MINORSPERSONS UNDER THE AGE OF 21. No person shall give, sell or dispense any Tobacco Products, Tobacco-Related Devices, or Delivery DevicesLicensed ProductsTobacco Product or delivery device to a person under eighteen twenty-one (1821) years of age. Any person aged 21 years or older convicted of violating this section shall pay a fine of $100.00 for the first such conviction. Any person aged 21 years or older convicted to of violating this section twice shall pay a fine of $125.00. Any person aged 21 years or older convicted of violating this section three times shall pay a fine of $150.00. Any person aged 21 years or older convicted of violating this section more than three times during any 24-month period shall may be guilty of a misdemeanor. Persons under the age of 21 who are convicted of violating this section may only be subject to non-criminal, non-monetary civil penalties such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. Commented [NCP10]: In 2015, the Institute of Medicine (now the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine) (IOM) released a report containing compelling evidence of the significant public health benefits of raising the minimum legal sales age (MLSA) for tobacco products. The IOM concluded that raising the MLSA today to 21 would result in a 12 percent decrease in tobacco use, approximately 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019. Based on studies showing the effectiveness of enforced youth access laws, increasing the MLSA is likely to be particularly effective in reducing tobacco usage among high school- aged youth by reducing their access to commercial tobacco products. Studies have also indicated that older underage youth (i.e. those who are closer to age 18) are more likely to succeed in buying tobacco in stores. Further, high school friends and peers of legal age are an important social source of commercial tobacco products for underage youth. Under Minnesota state law, it is unlawful to sell licensed products to any person under the age of 18. Minn. Stat. § 609.685, Minn. Stat. § 609.6855. State law does not prohibit local jurisdictions from enacting a higher minimum legal sales age, like 21. The signage and age verification language requirements support compliance and better ensures effective policy. Commented [NCP11]: These alternative penalties would be assessed against underage persons who (may suffer from an addiction to these products and also) sell or give away products to their peers, also under the age of 21.