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tobacco greater than three (3) ounces, prior to taxes being imposed, of less than fifteen dollars ($15.00). (I) Electronic delivery device minimum price. No person shall sell or offer to sell any electronic delivery device at a price that is less than [ $20.00] per device, excluding taxes or fees. This price is applicable to any type of electronic delivery device and applies per unit even if sold together. (J) Price adjustment. The licensing official may annually modify by rule the minimum prices described in this section to account for changes in the Saint Anthony Village consumer price index, adjusted for inflation.
<br /> (K) Coupon and price promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any license products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or an any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, excluding all applicable taxes and fees. (Prior Code, § 111.050) Penalty, see § 115.999 § 115.007 RESPONSIBILITY. All licensees under this subchapter shall be responsible for the actions of their employees in regard to the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the license holder. Nothing in this subchapter shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or other applicable law or regulation. (Prior Code, § 111.052) § 115.008 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least twice per year, the city will conduct compliance checks. In accordance with state law, the city will conduct at least one compliance check that involves the participation of two persons: one person between the ages of 15 and 17 and one person between the ages of 18 and 20; at least one compliance check that involves the participation of a person between the ages of 15 and 17; and at least one compliance check that involves the participation of a person between the ages of 18 and 20 to enter licensed premises to attempt to purchase licensed products. Prior written consent is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. No person used in compliance checks shall attempt to use a false identification misrepresenting the person’s age, and all persons
<br />Commented [WA3]: This is the language in the Minneapolis ordinance and what was suggested for St. Paul. Both NYC and Chicago have a mechanism for minimum price adjustment within their minimum pricing laws. This language is adapted from NYC’s ordinance. (NYC Code § 17-176.1(b) (9)) The CPI region for St. Paul is called the Minneapolis-St. Paul-Bloomington by the United States Board of Labor Statistics. https://www.bls.gov/regions/midwest/news-release/consumerpriceindex_minneapolis.htm. By way of background information, as stated by the Bureau of Labor Statistics on its website, “The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Minneapolis is published bi-monthly. The set of components and sub-aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local-area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure
<br />differences in the level of prices between cities; they
<br />only measure the average change in prices for each
<br />area since the base period. The Minneapolis-St. Paul-Bloomington, MN-WI Core Based Statistical Area includes Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Le Sueur, Mille Lacs, Ramsey, Scott, Sherburne, Sibley, Washington, and Wright Counties in Minnesota and Pierce and St. Croix Counties in Wisconsin.”
<br />Commented [WA4]: The price of tobacco products directly affects the consumption levels, particularly among price-sensitive consumers, including youth, young adults, and those with limited financial means. The commercial tobacco industry uses innovative pricing strategies to entice new customers to purchase their products, to discourage current users from quitting, and to reduce the effectiveness of tobacco tax increases in decreasing tobacco sales and increasing users’ quit attempts. These pricing strategies include “buy-one-get one” coupons, cents, or dollar off promotions, and multi pack offers, which are often marketed and redeemed at the point-of-sale. Jurisdictions can prohibit the redemption of these price discounts to negate the sophisticate discounting strategies of the commercial tobacco industry. Several jurisdictions in Minnesota have adopted this provision to keep the price of licensed products high to discourage availability to youth. For more information, here is a publication by the Public Health Law Center, “Death on a Discount.”
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