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Q� ;D� 00Rli§8Y". 26 RORUY & WHITNRy I Lo J01tbl!'�7, ;kt�llpuolnntm+�dannynara tanttary 4, 2011 Mr..Miahaol Mt>�ttaon CifyMrtnager • City of St. Anthony 33171 Silver jAel izead St. Anthony, MIDI 55418 Re: Restrictions on Smoking in Tobacco Peoduots Shop Dear Mr. Mornson: An exception to the ban on smoking in public places WcOntained in Minnesota Statqtes, 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, MiimmOta Statutes, Section 144.417, provides that nothing in Minnesota Statutes, Sections 144.414 to 144.417 prohibits the City from coaoting and enforcing more stringent measures to Protect individuals fromsecondhand smoke, and pursuant to this authority the City is considering amendments to its tobacco ordinance to prohibit or restriot smoking in,tobaoco 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 beon raised as to hour to deal with the two encisting tobacco products shops where sampling is presently odcurring. In my opinion the City could prohibit smoking in these shops either us of the effective date of the ordinance or as of a future date specified in the ordinance, lust 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, :uT(l so long as such shop remains Opened and liceiused and the conditioxis 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.lhat provided to Section 111.056 of the City Code. The nuor'atorimn.irnposed by the City for the issuance of new paper mind tobacco license was for one year or until terru,inated by the City Council One year is the nlaxlrnurn t6rn1 of this 1)OR^SEY-& WFIITN EY UP WWW,D O RS GY.00 M I.T 512,340"X6.00 •'F' 6,12,14:p,26Q(3 -SUITIF IN(10' S0 SOUTH SIXTid STRFrr • MINNI-APOLIS, MIN Nf:50TA 5.5402-1495 LISA CANADA rUl OPR AGIA-PACII'li.