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STAFF REPORT To: Michael J. Momson, City Manager Mayor and City Council From: Kim Moore - Sykes, Assistant City Manager Date: August 30, 2010 Subject: Tobacco Ordinance Revision Attached is a copy of the proposed revised tobacco ordinance for Council's review and consideration. Background: On May 16, 2007 Gov. Pawlenty signed into law the Freedom to Breathe provisions that expanded the Minnesota Clean Indoor Air Act (Section 144.411 - 144.417) to protect employees and the public from the health affects of secondhand tobacco smoke. Minnesota's smoking ban, as it is known, became effective on October 1, 2007. While it banned smoking from most public places and its purpose was to enforce the "protection of the public health ", the Freedom to Breathe Act also clarified where smoking was permitted. Tobacco products shops are included as an allowable smoking place for the specific purpose of sampling those products. As passed and signed into law, the Freedom to Breathe Act does not define "sampling" and as such, smoking lounges of all sorts have become legal as the result of the sampling provision. While no definition exists, the Freedom to Breathe Act does not limit the authority of local jurisdictions to be more restrictive in protecting the public from secondhand tobacco smoke. The proposed revision to the City's current tobacco ordinance does define sampling and seeks to be more restrictive by prohibiting all sampling of tobacco, tobacco products and tobacco related devices. Attachment: • Proposed Amended Tobacco Ordinance. 07272010 Council Staff Rpt IHOPs CUP.doc