|
tobacco greater than three (3) ounces, prior to taxes being imposed, of less than fifteen
<br />dollars ($15.00).
<br /> (I) Electronic delivery device minimum price. No person shall sell or offer to sell any
<br />electronic delivery device at a price that is less than [ $20.00] per device, excluding taxes or
<br />fees. This price is applicable to any type of electronic delivery device and applies per unit
<br />even if sold together.
<br /> (J) Price adjustment. The licensing official may annually modify by rule the minimum
<br />prices described in this section to account for changes in the Saint Anthony Village
<br />consumer price index, adjusted for inflation.
<br /> (K) Coupon and price promotion. No person shall accept or redeem any coupon, price
<br />promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile,
<br />or any other form, that provides any license products to a consumer at no cost or at a price
<br />that is less than the non-discounted, standard price listed by a retailer on the item or an
<br />any related shelving, posting, advertising, or display at the location where the item is sold
<br />or offered for sale, excluding all applicable taxes and fees.
<br />(Prior Code, § 111.050) Penalty, see § 115.999
<br />
<br />§ 115.007 RESPONSIBILITY.
<br /> All licensees under this subchapter shall be responsible for the actions of their employees
<br />in regard to the sale, offer to sell, and furnishing of licensed products on the licensed
<br />premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall
<br />be considered an act of the license holder. Nothing in this subchapter shall be construed as
<br />prohibiting the city from also subjecting the clerk to whatever penalties are appropriate
<br />under this subchapter, state or federal law, or other applicable law or regulation.
<br />(Prior Code, § 111.052)
<br />
<br />§ 115.008 COMPLIANCE CHECKS AND INSPECTIONS.
<br /> All licensed premises must be open to inspection by law enforcement or other authorized
<br />city officials during regular business hours. From time to time, but at least twice per year,
<br />the city will conduct compliance checks. In accordance with state law, the city will conduct
<br />at least one compliance check that involves the participation of two persons: one person
<br />between the ages of 15 and 17 and one person between the ages of 18 and 20; at least one
<br />compliance check that involves the participation of a person between the ages of 15 and
<br />17; and at least one compliance check that involves the participation of a person between
<br />the ages of 18 and 20 to enter licensed premises to attempt to purchase licensed products.
<br />Prior written consent is required for any person under the age of 18 to participate in a
<br />compliance check. Persons used for the purpose of compliance checks will be supervised by
<br />law enforcement or other designated personnel. No person used in compliance checks shall
<br />attempt to use a false identification misrepresenting the person’s age, and all persons
<br />Commented [WA2]: This is the language in the
<br />Minneapolis ordinance and what was suggested for St.
<br />Paul. Both NYC and Chicago have a mechanism for
<br />minimum price adjustment within their minimum pricing
<br />laws. This language is adapted from NYC’s ordinance.
<br />(NYC Code § 17-176.1(b) (9)) The CPI region for St. Paul
<br />is called the Minneapolis-St. Paul-Bloomington by the
<br />United States Board of Labor Statistics.
<br />https://www.bls.gov/regions/midwest/news-
<br />release/consumerpriceindex_minneapolis.htm.
<br />By way of background information, as stated by the
<br />Bureau of Labor Statistics on its website, “The Consumer
<br />Price Index (CPI) is a measure of the average change in
<br />prices over time in a fixed market basket of goods and
<br />services. The Consumer Price Index for Minneapolis is
<br />published bi-monthly. The set of components and sub-
<br />aggregates published for regional and metropolitan
<br />indexes is more limited than at the U.S. city average level;
<br />these indexes are byproducts of the national CPI
<br />program. Each local index has a much smaller sample size
<br />than the national or regional indexes and is, therefore,
<br />subject to substantially more sampling and other
<br />measurement error. As a result, local-area indexes are
<br />more volatile than the national or regional indexes. In
<br />addition, local indexes are not adjusted for seasonal
<br />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.
<br />The Minneapolis-St. Paul-Bloomington, MN-WI Core
<br />Based Statistical Area includes Anoka, Carver, Chisago,
<br />Dakota, Hennepin, Isanti, Le Sueur, Mille Lacs, Ramsey,
<br />Scott, Sherburne, Sibley, Washington, and Wright
<br />Counties in Minnesota and Pierce and St. Croix Counties
<br />in Wisconsin.”
<br />
<br />Commented [WA3]: The price of tobacco products
<br />directly affects the consumption levels, particularly
<br />among price-sensitive consumers, including youth, young
<br />adults, and those with limited financial means. The
<br />commercial tobacco industry uses innovative pricing
<br />strategies to entice new customers to purchase their
<br />products, to discourage current users from quitting, and
<br />to reduce the effectiveness of tobacco tax increases in
<br />decreasing tobacco sales and increasing users’ quit
<br />attempts. These pricing strategies include “buy-one-get
<br />one” coupons, cents, or dollar off promotions, and multi
<br />pack offers, which are often marketed and redeemed at
<br />the point-of-sale. Jurisdictions can prohibit the
<br />redemption of these price discounts to negate the
<br />sophisticate discounting strategies of the commercial
<br />tobacco industry. Several jurisdictions in Minnesota have
<br />adopted this provision to keep the price of licensed
<br />products high to discourage availability to youth. For
<br />more information, here is a publication by the Public
<br />Health Law Center, “Death on a Discount.”
<br />Commented [WA4]: Deleting to align with state law
<br />and the passage of T21.
<br />28
|