05-25-2022 Council Packet - Laserfiche WebLink

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• In the United States, smoking is responsible for about 1 in every 5 deaths, more death each year than human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries, microbial agents and toxic agents combined. • Commercial tobacco use can affect nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32 percent of coronary heart disease deaths. According to the World Health Organizations, tobacco use accounts for the greatest cause of death worldwide, responsible for nearly 6 million deaths per year. Over 16 million Americans have at least one disease caused by smoking. • Secondhand smoke, according to the Centers for Disease Control and Prevention, causes stroke, lung cancer, and coronary heart disease in adults. In addition, it increases risks for sudden infant death syndrome, respiratory symptoms, middle-ear disease, and slows lung growth in children. • Cigarette butts are the most-littered object in the world and the item most often found in beach cleanups globally. Butts contribute nonbiodegradable plastic, nicotine, heavy metals, pesticides and other toxic substances to land and marine environments, down to the bottom of the oceans; In May 2013, the City Council amended the tobacco code to no longer permit any indoor smoking and sampling, but included specific language that would allow the indoor smoking to continue at the two tobacco stores that were in existence at the time of the ordinance adoption. Both of these businesses are still operating and offering indoor smoking. At the January 12, 2022 Workshop, the City Council discussed phasing out the allowance of indoor smoking and how to determine an end date. The Council initially recommended June 2023, but decided to give these two businesses a two-year notice and decided on June 30, 2024. There has been previous discussion about whether ending the indoor smoking is a “taking” of the business, and the City Attorney has given an opinion that it would not be a taking of the business. A memo from City Attorney Patrick Kelly is included in this report. Staff again worked with the Association for Nonsmokers-Minnesota and the Public Health Law Office at Mitchell Hamline School of Law to review our entire existing tobacco code language and draft an ordinance that makes the necessary updates. The Public Health Law Office also reviews the code for best practices, state law compliance and clarity. The proposed Ordinance 864 amends each section that addresses the indoor smoking allowance and issuing licenses, along with updating definitions and other language that governs the regulation of tobacco and tobacco products. Little Canada has two types of tobacco licenses: Tobacco Store or General Sales & Display. The tobacco store license is for a business whose primary business is tobacco products, and the sales & display license limits the amount of square footage in the store that can be dedicated to tobacco products. This license type is for retailers like a gas station, liquor store or restaurant/bar. The City Code limits the number of tobacco stores licenses to two, but currently has no limit on the number of sales & display licenses that can be issued.