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MINUTES <br />CITY COUNCIL <br />MAY 25, 2011 <br />*AUTHORIZING THE ABATEMENT OF NUISANCE AT 2978 <br />PAYNE AVENUE AS RECOMMENDED BY THE CODE <br />ENFORCEMENT OFFICER; <br />*SUPPORTING THE COUNTY RESOLUTION TO MAINTAIN <br />RAMSEY COUNTY AS ONE CONGRESSIONAL DISTRICT; <br />*APPROVING 2010 FUND TRANSFERS AS RECOMMENDED BY <br />THE FINANCE DIRECTOR <br />The foregoing resolution was duly seconded by McGraw. <br />Ayes (4). <br />Nays (0). Resolution declared adopted. <br />TOBACCO The City Attorney presented the proposed tobacco ordinance <br />ORDINANCE amendment outlining the most significant changes being proposed to this <br />ordinance. These changes include, but are not limited to: <br />• the prohibition on vending machine sales keeping the <br />City's ordinance in line with State Statute; <br />• establishment of a two - tiered licensing system, i.e. general <br />sales and display license as well as a tobacco store license; <br />• additional regulations for tobacco stores relative to <br />definition of sampling, hours of operation, and limitation of <br />15% of total product display area for the display or storage <br />of tobacco-related devices. <br />With regard to the issue of sampling, the City Attorney noted that the MN <br />Clean Indoor Act contains a limited exception for tobacco stores allowing <br />for the sampling of tobacco products. This has resulted in a quandary for <br />cities given that the Legislature did not define sampling. He noted that the <br />League of MN Cities and some other folks are recommending that <br />sampling not be allowed. However, based on the policy direction given by <br />the Council, the proposed ordinance amendment allows for sampling, but <br />has defined what sampling is and utilizes the two - tiered licensing system <br />wherein sampling would only be allowed with a tobacco store license. <br />With regard to hours of operation, the City Attorney noted that the hours <br />of operation proposed for tobacco stores mirrors those allowed for off -sale <br />liquor stores. He also noted that the ordinance catches up on the new <br />products that now available such as e- cigarettes. <br />Blesener noted the definition of a tobacco store which states that more <br />than 90% of the gross revenue must occur from the sale of cigars, <br />8 <br />