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22 <br />secondhand smoke by eliminating smoking in public places, places of employment, public <br />transportation, and at public meetings." See Minn. Stat. §§ 144.412, 144.414. "Public place" <br />means "any enclosed, indoor area used by the general public' and includes retail and <br />commercial establishments. See Minn. Stat. § 144.413(2). <br />Section 144.4167(4) of the Act allows for "the lighting of tobacco in a tobacco products <br />shop by a customer or potential customer for the specific purpose of sampling tobacco <br />products." A "tobacco product shop" is "a retail establishment with an entrance door opening <br />directly to the outside that derives more than 90 percent of its gross revenue from the sale of <br />loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for <br />burning tobacco and related smoking accessories and in which the sale of other products is <br />merely incidental." <br />However, the Act allows statutory or home rule charter cities or counties to enact and <br />enforce "more stringent measures' to protect individuals from secondhand smoke. Minn. Stat. § <br />144.417(4). <br />Hennepin County District Court Decision <br />A December 6, 2011 decision by the Hennepin County District Court verified that a city <br />may enact an ordinance that bans the smoking of tobacco in tobacco shops, even though <br />sampling within tobacco shops is allowed under section 144.4167(4) of the Minnesota Indoor <br />Clean Air Act. The court explained that the "regulation of the sale and use of tobacco products <br />has long been viewed by Minnesota courts as a proper exercise of municipal level regulation" <br />and that section 144.417(4) of the Act clearly allows a city to ban smoking in all public places, <br />including tobacco shops, as a "more stringent measure." A copy of the court decision is <br />attached for your reference. <br />Recommendation <br />If the Council finds, as a result of the public hearing, that a violation of the City Code <br />and/or the Minnesota Clean Indoor Air Act has occurred, the Council should adopt a motion <br />revoking the Temporary Cigarette & Tobacco License granted to Flamezz Hookah Lounge on <br />March 15, 2012. <br />Alternatively, if the Council finds no violation occurred, the Council should adopt a <br />motion extending the current license for a one-year period from March 15, 2012. <br />4823-3304-091 1\13/20/2012 11:35 AM <br />2 <br />DORS, v s W11;1 W Y i_i_i, <br />