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Memo M I N N E S O T A MDH DEPARTMENTorHEALTN Date: November 2, 2011 To: Katie I-I, Engman, MCHES Front: John Olson, MDH Indoor Air Unit Enforcement Coordinator Subject: Lighting of tobacco in tobacco product shops As you requested, I ant providing some information and suggestions regarding the issue of lighting of tobacco in tobacco products shops according to the Minnesota Clean Indoor Air Act ( MCIAA). Minnesota Statutes, section 144414, subdivision 1 prohibits smoking in virtually all public places and places of employment, except as specifically exempted in statute. However, section 1444167, subdivision 4, provides an exemption that allows "the lighting of tobacco in a tobacco products shop ". Certain criteria must be met in order for an establishment to qualify for this exception. The establishment must: Y' Be a retail establishment; Have an entrance door opening directly to the outside; ➢ Derive more than 90 % of its gross revenue from the sale of tobacco and /or smoking accessories, with non- tobacco - related sales being incidental; and, > Not be a part of an enterprise with any type of liquor, food or restaurant license. Evaluation of these criteria is relatively practical for the department and its partners that enforce the Minnesota Clean Indoor Air Act. If an establishment meets the criteria above, it can allow customers or potential customers to light tobacco "for the specific purpose of smnpling tobacco products ". Note that the statute requires the proprietor and regulatory enforcement to identify the "purpose" that one has in Lighting tobacco. Unfortnately, this is an impractical activity. Furthermore, the term "sampling" is not defined and the statute does not provide any other restrictions, such as ventilation requirements, leaving the listed items as those which are realistically enforceable. Because of these impediments to enforcement, local municipalities play a big role in determining whether establishments can allow smoking in their jurisdictions. Fortunately local governments have some important tools at their disposal, such as: ➢ The authority to deny tobacco licenses. The statute does not allow lighting of tobacco in "tobacco lounges" - only retail tobacco shops. So if a prospective proprietor's business model is for a "tobacco lounge" or "smoking lounge ", they should be denied a tobacco license, because this model is not legal in Minnesota. > Building Code enforcement, Some cities have required tobacco product shops to meet stringent ventilation standards or limit occupancy based on building codes for specific types of businesses. L Establishment and enforcement of ordinances. The MCIAA specifically permits cities and counties to "enact and enforce more stringent measures to protect individuals from secondhand smoke." MDH is aware of cities establishing moratoriums on retail tobacco stores and proposing ordinances that would prohibit or limit the amount of smoking in tobacco stores. I have advised several municipal representatives and prospective tobacco business proprietors regarding this issue and would urge anyone with any questions to call me directly at 651. 201 -4614. Environmental Health Division /Indoor Air Program. 625 Robert Street North, St. Paul, MN 55116 • (651)201 -4601 www.health.state.mn.us 9