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DORSJ' Y 8 WHITNEY UP ' ,rEROMEP, ttYY,Y,YQ6N r WAY 6XA 34 (iiZ� 84p.A86� K11114xndernoraey.00m January 4, 2011 Mr. Michael Mornson City -Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 5 54 18 Re: Restrictions on Smoking in Tobacco Products Shop Dear Mr. Mornson: An exception to the ban on smoking in public places is contained in Minnesota Statutes, Section 144.4167, Subd. 4, and permits the lighting of tobacco in a tobacco products shop by a, customer or potential customer for the specific purpose of sampling tobacco products. However, Minnesota Statutes, Section 144.417, provides that nothing in Minnesota Statutes, Sections 144.414 to 144.417 prohibits the City from enacting.and enforcing more stringent measures to protect individuals from secondhand smoke, and pursuant to this authority the City is considering amendments to its tobacco ordinance to prohibit or restrict smoking in tobacco products shops. While the City is studying whether to amend the ordinance it has imposed a moratorium on the issuance of new licenses for paper and tobacco shops. In connection with considering the amendments to the tobacco ordinance I understand that questions have been raised as to howl to deal with the two existing tobacco products shops where sampling is presently occurring. In my opinion the City could prohibit smoking in these shops either as of the effective date of the ordinance or as of a future date specified in the ordinance. Just because. smoking is presently occurring in these shops does not preclude the City from prohibiting smoking in these shops under the authority in Minnesota Statutes, Section 144.417. This is similar to the smoking ban in bars and restaurants that was imposed by certain cities and counties prior to the state-wide smoking ban becoming effective in 2007. In lieu of prohibiting smoking in existing tobacco products shops the City could grandfather these shops from the smoking ban subject to certain conditions or rules specified in the ordinance, and so long as such shop remains opened and licensed and the conditions are complied with, smoking will continue to be permitted. If the conditions in the ordinance are violated the right to the sampling of tobacco products in the shop can be revoked or suspended upon notice and opportunity for a hearing similar to that provided in Section 111.056 of the City Code. The moratorium imposed by the City for the issuance of new diaper and tobacco licenses was for one year or until terminated by the City Council. One year is the tnaxhnntn term of this DORSEY & WHITNEY LLP • WWW.DORSEY•OOM .. T 612.340,2600 - F 612,040.2868 SUITE 1500 , 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402.1408 USA CANADA EUROPE ASIA-PACIric