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HomeMy WebLinkAboutCC WS PACKET 09102024CITY OF SAINT ANTHONY VILLAGE WORKSESSION AGENDA Tuesday, September 10, 2024 at 5:30PM Members of the public who wish to attend the meeting may do so in person. Minutes Approval Of CC WS Meeting Minutes WS 08 -27 -2024.PDF Worksession Topics Prohibiting The Sale Of Flavored Tobacco Discussion Katie Engman & Molly Schmidtke, ANSR, presenting. PRESENTATION.PDF 2023 MYTS HIGHLIGHTS FINAL.PDF FLAVOR COMMERICAL TOBACCO.PDF 2023 -FLAVORED -TOBACCO -POLL -SUMMARY.PDF CANNABIS -AND -COMMERCIAL -TOBACCO_MSFG_2.28.PDF CAPPING THE NUMBER OF TOBACCO LICENSES IN YOUR COMMUNITY.PDF Future Worksession Dates, Times And Agenda Items Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. 1. A. Documents: 2. A. Documents: 3. A. Documents: 4. CITY OF SAINT ANTHONY VILLAGEWORKSESSION AGENDATuesday, September 10, 2024 at 5:30PMMembers of the public who wish to attend the meeting may do so in person. MinutesApproval Of CC WS Meeting MinutesWS 08 -27 -2024.PDFWorksession TopicsProhibiting The Sale Of Flavored Tobacco DiscussionKatie Engman & Molly Schmidtke, ANSR, presenting.PRESENTATION.PDF2023 MYTS HIGHLIGHTS FINAL.PDFFLAVOR COMMERICAL TOBACCO.PDF2023-FLAVORED -TOBACCO -POLL -SUMMARY.PDFCANNABIS-AND -COMMERCIAL -TOBACCO_MSFG_2.28.PDFCAPPING THE NUMBER OF TOBACCO LICENSES IN YOUR COMMUNITY.PDFFuture Worksession Dates, Times And Agenda ItemsFuture Agenda ItemsFUTURE AGENDA ITEMS.PDFAdjournmentIf you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. 1.A.Documents:2.A.Documents:3.A.Documents:4. City of St. Anthony CITY COUNCIL WORK SESSION Minutes AUGUST 27, 2024 Present: Mayor & Council: Mayor Wendy Webster, Councilmembers Lona Doolan, Jan Jenson, and Andrea Stephens. Absent: Councilmember Thomas Randle Staff: City Manager Charlie Yunker and City Code Official Richard Sonterre. Call to Order: Mayor Wendy Webster called the Work Session to order at 5:30 p.m. 1.Approval of CC WS Meeting Minutes A.August 15, 2024 Council Work Session Meeting Minutes Motion by Councilmember Stephens, seconded by Councilmember Jenson, to approve the City Council Work Session Meeting Minutes of August 15, 2024 as presented. Motion carried 4-0. 2.Work Session Topics A.Administrative Fines for Code Violations City Code Official Richard Sonterre reviewed an action step in the 2024 Pyramid adopted by the City Council included an action step from the City’s Climate Plan to review the compliance rate of the City’s watering restrictions and consider fees for non-compliance. In addition, the City Council ag reed to discuss the compliance rate of yard maintenance in the City and if the City’s compliance efforts are achieving the desired result. This also presents an opportunity to discuss whether non-compliance fees should be an added step the staff has available to achieve compliance. On June 3, 2024, the Parks & Environmental Committee (PEC) discussed the topic of additional enforcement and non-compliance fees to the action steps for environmental responsibility, specific to residential lawn irrigation. After staff presented a very minimal record of non-compliance and no record of either lack of remedy or repeat offenses, the PEC determined that non-compliance was not a major issue and no changes are warranted to the current city policy. Mr. Sonterre reviewed Currently the City utilizes two primary sets of language to seek public compliance on this issue. First, Section 52.09 of City Code reads: No person may draw or use the city water system for the purpose of watering lawns or gardens during any period of emerg4ency as declared under §52.08, except during the days and hours permitted. Notice of the emergency and any permitted watering will be given by publication and posting. At no time may a hose larger than 1 inch in diameter be used from any service pipe without special permission of the City August 27, 2024 St. Anthony Council Work Session - 2 Council, and upon payment of a fee set forth in Chapter 33 for the water to be used from the special connection. Additionally, Council Resolution 17-032 further clarifies the specific dates, days and times in which season irrigation restrictions are to be adhered to, indicating: Watering restrictions shall apply each year between April 15th and November 1st. Residents with an odd number house number shall water lawns, when necessary, only on odd- numbered calendar days and those with even numbered addresses shall water lawns only on even-numbered days. Lawns shall not be watered between the hours of 11am – 6pm. An exception may be granted for recently established lawns. Those lawns may be watered daily for one year following installation, but only during the hours listed above. Councilmember Doolan asked if there are things that the City could do to help residents adjust their irrigation systems. Mr. Sonterre stated whenever the violation of code is seen, he follows up with the property owner with the complaints. Mayor Webster asked if that is similar follow-up if the orientation of the sprinkler head is wasting water. Mr. Sonterre stated he would speak with the property owner about adjusting the sprinkler head. On May 24, 2022, the City Council approved language (Am. Ord 2022-03) approving language within section 151.10, specific to the inclusion of natural or native vegetation, included below: E.Yard cover. Every yard of premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens, hedges, shrubbery, or related decorative materials and must be maintained. Once an area has been converted to turf grass, the landowner shall not allow the turf grass to exceed the height of six inches or be allowed to go to seed. No landowner may permit or maintain on the land any growth of weeds, grass, brush, or other rank vegetation to exceed the height of six inches, any accumulation of dead weeds, grass or brush, or any noxious weeds or plants as defined by the State Department of Agriculture. Gardens (pollinator, vegetable, flower, rock and the like) are permitted types of yard cover and must be maintained and not encroach on other property or the right-of-way. 1.Any natural or native grass vegetation exceeding six inches shall not be any closer to a fire source than 25 feet. 2.Setback requirements for surfaces covered by native vegetation and/or pollinator gardens shall be a minimum of three feet from a side yard property line. No vegetative growth greater than 12 inches in height five feet from any public roadway adjacent to the front yard, and for corner houses, a public roadway adjacent to the side yard. To facilitate the transition of this newly approved option to traditional yard cover, Staff, working with Community Services, hosted two courses specific to the process and commitment required for a healthy native and natural landscape. Additional content was provided on the creation and benefits of pollinator-friendly species within these spaces. Since this change occurred many residents have made alterations to their traditional turf grass spaces and this has been accompanied by a certain amount of August 27, 2024 St. Anthony Council Work Session - 3 confusion within the community regarding the legitimacy of the native and natural species and opinions on the change. The remainder of the code specific to traditional turf grass remained as it was. Since making native and natural spaces allowable, there have been few locations in which directed research into potential code violations have yielded issues of non-compliance. The most common conversations with residents have been over the need to place a commitment on the continued maintenance of these spaces, specifically the need to remove weeds and unintended vegetation. The code has setback requirements from property lines and from the curbline. More conversations over the need to keep species exceeding height setback limits have been necessary more than any other relating to these native and natural spaces. The City’s approach to code compliance is an endeavor to balance enforcement of the City Code as written and intended by the City Council with consideration for reasonableness for the conditions around each situation that may at times indicate compliance is unable to be achieved or overly burdensome to achieve strict compliance. Staff works to educate residents on compliance standards and assist with compliance when possible. Through both proactive monitoring and being directed to specific locations reported by residents, staff identifies locations which are non-compliant and depending on the severity of the problem or giving consideration to factors which may have prevented compliance, the location is set for a recheck or an attempt to speak with the property owner is made. When person contact cannot be made, an informational flyer with the specific section causing the violation(s) highlighted is left. Should the Council wish to institute a process of incorporating administrative citations (fines) for violations of the City Policy on residential lawn irrigation, or other violations of Code at what point in the process of seeking remedy should an administrative citation be issued? To help better understand the current process used, the steps in seeking remedy are: 1.Attempt to contact homeowner or renter and identify the violation and discuss aspects of remedy. If contact is not made, an informational flyer identifying the violation(s) is left, often with a written note and invitation to contact Staff. 2.Recheck location for remedy, usually 2-7 days later. 3.Attempt to contact homeowner. 4.Attempt to contact homeowner. 5.Write letter to property owner highlighting the violation(s) and invite them to contact Staff to discuss the violations or reasons for not being able to remedy. 6.Recheck location for remedy, usually 2-7 days later. 7.Recheck location for remedy, usually 2-7 days later. 8.Letter sent from Fire Chief asking for either remedy or contact to discuss. 9.Recheck location for remedy, usually 2-7 days later. 10.Based upon type and severity of violation, letter sent from City Attorney informing property owner as to the City’s options for criminal or civil actions to seek compliance to the City Code. 11.Recheck location for remedy. 12.Repeat #11 until it is determined the City Council should be involved to consider legal action. All steps in the process are documented in the City’s record management system – Caselle. Mayor Webster stated there is some confusion about what maintaining a yard is to some residents. August 27, 2024 St. Anthony Council Work Session - 4 Councilmember Jenson asked if this ordinance upgrade gives Staff all the tools needed to do their jobs. Mr. Sonterre stated it will as it is the tools we have. Councilmember Jenson referred to the 12 step remedy process and asked how often Staff needs to follow the 9 steps. Councilmember Doolan asked if the Code is more restrictive than State Statute? She believes this is not just for native landscaped yards and it also applies to gardens. If a process is used for fees we also need a plan to assist those residents unable to comply. Mr. Sonterre stated the Code as it reads currently in section E is not correct as when that language was created the State created language that stated no more than 18 inches. Changing our code to 18 inches would make St. Anthony compliant with the State Statute. Mr. Sonterre stated we always look at factors that make it difficult for a resident to become compliant. There are a number of resources that we can provide to residents. Councilmember Jenson asked if there is an action item to change it to 18 inches. Mr. Sonterre stated this was approved by Council and will be modified in the Code. Mayor Webster noted there are volunteers within the City that may be willing to help those individuals unable to care for their lawns/gardens. There may need to be different consequences for those unable to comply due to various reasons. Mr. Sonterre stated Staff does find an administrative citation to be a reasonable option for use in circumstances in which steps 1-9 have been unsuccessful, ahead of seeking court ordered remedy. Discussion may be needed on the timeline in which administrative citations might be applied to repeat offenders versus first time unresolved violations. The City Council is requested to provide comments and thoughts on the Staff’s Code Compliance approach and whether administrative citations should be used for one or more types of violations. Councilmember Doolan stated she has done some research as to what other cities are doing. It appears St. Anthony has more grace than other cities in the area that do administrative fees. Mayor Webster stated when considering citations if there are cases that end up in court, can you please explain the documentation on the case. Mr. Sonterre stated it would include the 11 steps that are outlined including attempts to go to the property and discuss with the property owner. Everything from the reporting system is passed onto the City Manager to review. Councilmember Jenson asked what the definition of administrative citation is and Mr. Sonterre stated it is a fine that would go out to someone for lack of compliance. Councilmember Stephens asked if Mr. Sonterre is satisfied with the 11 steps or would he prefer it to be shorter. Mr. Sonterre stated when asked by a resident “what if I don’t” he does not have an answer. If he were to say there would be a fine that may prompt action. There are other cities that are very quick to react. If there are public health concerns, the City may act more quickly. Councilmember Jenson asked Mr. Sonterre his opinion in applying administrative citations to the Code. Mr. Sonterre stated it would be a tool that should be in the toolbox. He believes it provides the City with something more to get remedy. August 27, 2024 St. Anthony Council Work Session - 5 Mayor Webster asked when reviewing with other cities code staff, do they find more benefit to hire a contractor to go in and do the work and charge the homeowner. Mr. Sonterre stated he has read in Code where other cities have taken that action. He is not comfortable doing that but would be more comfortable to ask a Court to make that decision through a court order. Some cities use double fines for second, third, etc. violations. Mayor Webster asked if other cities go onto property and take care of violations without a court order and Mr. Sonterre stated he believes that is true. Mr. Sonterre stated there are violations when residents do not obtain permits for doing work on their property. Mr. Sonterre stated previously the number of directed observations of Code violations was 20%. Last year the directed inspections of Code violations was 2%. There were 16 directed code compliance violations in 2023. Some violations were investigated with no findings. We do not want our neighbors turning against each other. Councilmember Jenson stated in looking at the 12 steps there is a large effort to get people to comply. If there is a citation in the language would that make the City not look mean spirited. Mr. Sonterre stated these are a lot of steps but these steps apply to about 2% of the total interactions with residents. The 12 steps do take a long time. Mayor Webster referred to the tiers used in the school system. She asked Council for their thoughts on citations. Councilmember Stephens stated it is an additional tool to be used. Councilmember Jenson agreed and stated we are being more than fair. He is in favor of the administrative citation and the 12 steps. Councilmember Doolan added it would be beneficial if people are applying for a permit for changing their yard we could provide some information on making their yards sustainable. Mr. Sonterre stated there are videos available on the website for three community education sessions. Mayor Webster stated it makes sense to look at administrative citations as an additional tool. She suggested in letters sent there be a timeline for compliance. Council recommended this be included in the next batch of Code updates brought before the City Council for approval. B.Renaming of Salo Park – Discussion only. City Manager Yunker reviewed this comes up as over the years there is some confusion in the area given the name. This is privately owned property. It is not a City park. It could be called Salo Amphitheater or Salo Ponds as suggestions. Mayor Webster stated the name Salo would remain. City Manager Yunker stated the request to change the name would go to Doran as they are the owners of the south side of Salo Park. It would be a joint decision between the owners and the City. Mr. Yunker will reach out to Doran regarding the name change. Future Work Sessions: The next Work Session will be held on September 10, 2024 in the Council Chambers. Future Agenda Items: Mayor Webster stated an email was received from an organization regarding a flavored tobacco ordinance. They would do the research. Councilmember Jenson stated he would be in favor of having that discussion as did the other Councilmembers indicated. Councilmember Doolan suggested adding the rental properties increasing within the City. She would like to look at the rules regarding renting. This is scheduled for the October work session. August 27, 2024 St. Anthony Council Work Session - 6 Adjournment: The meeting adjourned at 6:40 p.m. Respectfully submitted, Debbie Wolfe TimeSaver Off Site Secretarial, Inc. 9/10/2024 1 Commercial Tobacco Prevention: Policy, Systems, and Environmental Change Saint Anthony Village Council Workshop September 10, 2024 Katie H. Engman & Molly Schmidtke Association for Nonsmokers-MN AGENDA 01 Tobacco Industry Impact on our community 03 Other Policy Considerations 02 State and Federal Updates 04 Questions 9/10/2024 2 The Association for Nonsmokers-Minnesota (ANSR) is dedicated to reducing the human and economic costs of commercial tobacco, nicotine and other drug use in Minnesota. Our core commitments are: ●to protect young Minnesotans from a lifetime of addiction; ●to ensure that all Minnesotans can breathe clean, smoke-free air everywhere; and ●reduce health inequities and other disparities in relation to commercial tobacco, nicotine and other drugs. Who We Are 9/10/2024 3 Tobacco Industry Targeting Commercial Tobacco is Still a Problem. In Minnesota, one in seven 11th graders uses e- cigarettes, and 90 percent of those students use flavored e-cigarettes. The tobacco industry targets Black, LGBTQ+,American Indians and young people and spends more than $100 million a year marketing their products in Minnesota. Commercial tobacco use sets kids up for a lifetime of nicotine addiction and serious health conditions like heart disease and cancer. 9/10/2024 4 All MinnesotansPay the Price for Tobacco's Harm. Commercial tobacco use remains the leading cause of preventable death and disease, taking the lives of more than 6,300 Minnesotans each year. Smoking costs the state over $9 billion a year: more than $4.7 billion in excess health care costs and $4.7 billion in lost productivity. Every time Big Tobacco addicts another generation of kids to smoking, they put all taxpayers on the hook for billions of dollars in healthcare costs to treat tobacco-related diseases. Tobacco Industry Targeting Impacts Current smoking rate among Minnesota subset populations 9/10/2024 5 Tobacco Industry Targeting Impacts “ “We don’t smoke that s_ _ _. We just sell it. We reserve the right to smoke for the young, the poor, the black and stupid.” R.J. Reynolds executive’s reply when asked why he didn’t smoke according to Dave Goerlitz, lead Winston model for seven years for R.J. Reynolds.] Giovanni, J, “Come to Cancer Country; USA; Focus,” The Times of London, August 2, 1992. 9/10/2024 6 90%of MN Middle and High School Students who use tobacco products use flavored products. Tobacco Industry Targeting: Flavored Products Source: MN Youth Tobacco Survey, 2023 Appeal 2007 Cig a like 2009 Vape Pen 2012 Mod 2015 Juul –the first Pod Mod 2017 Copycat Pod Mods 2019 Disposable Pod Mods/Vapes 2022 And beyond 2021 Disposable Synthetic Nicotine Vape Tobacco Industry Targeting: Countless Flavors Appeal 9/10/2024 7 Nicotine Amount per Product Loon Juice Box: 4000 puffs (14ml x 50mg) = 23 Packs of Cigarettes Loon Air 6000Puffs (13ml x 60mg) = 26 Packs of Cigarettes Loon Pluto: 2500 puffs (6ml x 50mg) = 10 Packs of Cigarettes Elf Bar 3500+ puffs (10.5ml X 50 mg) = 17.5 packs of Cigarettes Photo Source: ANSR-MN Photo Source: ANSR-MNPhoto Source: ANSR-MN Photo Source: tienda 273 6.4% 3.2% 8.2% 7% 14.9% 11.4% 9/10/2024 8 E-cigarettes are the most common tobacco product currently used (use on 1 or more days in the past 30 days) by 1.63 million of America’s middle school and high school students. ●Almost 4 in 10 students reported frequent use (use on 20 or more days in the past 30 days); and ●Slightly more than 1 in 4 reported daily use. Source:Park-Lee E, Jamal A, Cowan H, et al. Notes from the Field:E-Cigarette and Nicotine Pouch Use Among Middle and High School Students —United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:774–778. DOI: http://dx.doi.org/10.15585/mmwr.mm7335a3 “I don’t smoke, I just vape…” Minnesota Youth Tobacco Survey 2023 9/10/2024 9 Minnesota Youth Tobacco Survey 2023 ●No amount of nicotine is safe for young people. ●Nicotine is highly addictive and a stimulant. ●Youth exposed to nicotine are more likely to use other substances. ●4 in 5 Minnesota teens who vape may be nicotine dependent. The Impact of Nicotine on the Adolescent Brain 9/10/2024 10 Social Media Influences Tobacco Industry Targeting Blue Razz Slushy Flavor 9/10/2024 11 Loon MN Menthol = Harder to Quit •Menthol increases nicotine absorption, leading to greater dependence. •Among high school smokers, those who smoke menthols are more likely to smoke within one hour of waking and more likely to report cravings compared to high school smokers of non-menthols. Wackowski & Delnevo, 2007. Menthol cigarettes and indicators of tobacco dependence among adolescents. Addictive Behaviors, 32(9), 1964-1969. 9/10/2024 12 African Americans Use Menthol More Than Other Racial/Ethnic Groups Smoking Incidence from NHIS 2009; menthol preference from NSDUH 2009; Giovino GA, Villanti AC, Mowery PD, et al. Differential trends in cigarette smoking in the USA: Is menthol slowing progress? Tobacco Control. 2013. African Americans Adult Smokers Who Use Menthol Smoking Incidence from NHIS 2009; menthol preference from NSDUH 2009; Giovino GA, Villanti AC, Mowery PD, et al. Differential trends in cigarette smoking in the USA: Is menthol slowing progress? Tobacco Control. 2013. 9/10/2024 13 Menthol: Tobacco Industry Targeting •There is sufficient research to confirm that tobacco companies targeted youth, women, and African Americans with menthol marketing •Research also suggests that tobacco companies targeted Latinos, Asians, and Hawaiian/Pacific Islanders 1975 2015 Sources: http://tobacco.stanford.edu/ http://tobacco.stanford.edu/ www.trinketsandtrash.org 9/10/2024 14 Don’t be fooled Example: Ending the Sale of Menthol Cigarettes ●A proposed menthol ban in the US would cut littering by 3.8 billion cigarette butts annually ○1.7 million pounds of waste each year ●This would have a huge environmental impact! Craig LV, Chung-Hall J, Meng G, Fong GT. Calculating the potential environmental impact of a menthol cigarette ban in the USA. Tobacco Control. 2022. doi:10.1136/tc-2022-057563 9/10/2024 15 Vape waste is toxic e-waste and creates three huge environmental problems: 1.Increase in single-use plastics 2.Introduces hazardous and toxic chemicals like nicotine into the environment when thrown out 3.Increases tech waste, including lithium-ion batteries (which are also considered toxic waste). North Suburban Tobacco Compliance Project Young People Retailers City/ Licensing: Enforcement 9/10/2024 16 9/10/2024 17 1.Tobacco 21 (2019) 2.Few restrictions on flavored vaping products 3.FDA declared menthol harmful, but has yet to act. Federal Updates 9/10/2024 18 MN TOBACCO 21 ●Increased age to purchase to 21 from 18 yrs old; ●Removed Purchase, Use and Possession (PUP) penalties for young people; ●Hold retailers accountable for responsible sales; ●Verification of age for those under 30; and ●Signage posted at the point-of-sale. MN Statute Updates: Penalties MN State Minimum: 1st Offence: $300 2nd Offence w/in 36mo: $600 3rd Offence w/in 36mo: $1000+ 7 day min. Mandatory revocation SAV Current: 1st Offence: $200 2nd Offence w/in 36mo: $500 3rd Offence w/in 36mo: $750+ not less than 30 day suspension Roseville: 1st Offence: $1000 2nd Offence w/in 36mo: $2000 + 3 day suspension 3rd Offence w/in 36mo: $2000+ 7 day min. Mandatory revocation 9/10/2024 19 Commercial Tobacco Prevention: Best Practices AppealAccessibility Other Best Practice: Policy options to address Appeal, Access, & Affordability ●Ending the sale of flavored commercial tobacco products; ●Limiting the number of licensed tobacco retailers; ●Price discounting: minimum pack prices and prohibiting the redemption of coupons; and ●Increased penalties for ordinance violations. 9/10/2024 20 Ending the Sale of Flavored Commercial Tobacco Products Will Save Lives. Est. saving 650,000 deaths over time, including over 255,000 in the Black community. Appeal Accessibility Appeal 9/10/2024 21 Restricting the number of tobacco licenses allowed in a community. Cap Tobacco Licenses ●It is a way to decrease commercial tobacco in a community. ●Research shows that the location and density of commercial tobacco-related product retailers influences tobacco-related product use and worsens health disparities. Accessibility Appeal 1.Cap based on population density in Saint Anthony Village 5 licensed retailers vs 9,970 residents EQUAL TO: 1 licensed retailer for every 1,994 residents 2.Cap based at current licenses and reduce number over time, as licenses are revoked or expired and are not renewed. 3.Cap at Zero through attrition-no new licenses. Cap Tobacco Licenses in Saint Anthony Village Accessibility 9/10/2024 22 »Bloomington: Capped their licenses at 0. Through attrition, the city will get down to zero tobacco licenses. »Little Canada: Capped their licenses at 0. Currently have seven (7). No new licenses will be issued, and through attrition it will be 0. »New Brighton: Capped the number of licensed tobacco shops to four (4) currently seven (7). »Golden Valley: Capped their licenses at eight (8). At the time, they had 14 licenses. Through attrition, the city will get down to 8 licenses. »Roseville: Capped their tobacco shops are the current four (4). »Columbia Heights: No more than three (3) tobacco shops. »Richfield:Capped their licenses at four (4). Through attrition, the city will get down to 4 total tobacco licenses. Capping: What have other cities done?Accessibility Price Discounting & Coupons »Among Minnesota smokers, about 50% have used coupons or promotions in the past year to save money on cigarettes. »Coupons foster nicotine addiction in young smokers and keep heavy smokers addicted. »Minnesota adult smokers who redeemed cigarette coupons were much less likely to quit smoking than those who didn’t use coupons. Sources: Stat: from MATS survey 2014 Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300 Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Youn g Adults. Accessibility Appeal 9/10/2024 23 Why address commercial tobacco locally? ●In Minnesota cities lead, the state follows: T21, Clean Indoor Air. ●Why Flavors? The vast majority of the tobacco products youth are using are flavored; nearly 80 percent of youth who ever tried tobacco started with a flavored tobacco product. And 95% of tobacco users start before they are 21. Prevention is key. ●Of MN Adults who smoke menthol, about half said they would quit smoking if menthol cigarettes were no longer sold in the United States. (MATS, 2014) ●Why Capping? Research shows that the location and density of commercial tobacco-related product retailers influences tobacco-related product use and worsens health disparities. ●Why Price Discounting? This comprehensive tobacco ordinance will make commercial tobacco products less accessible and appealing to young people and will protect youth, Black, Indigenous, LGBTQIA+ and other residents from industry targeting. ●Why Increased Penalties? State minimum fines were increased in 2020. Selling tobacco is a privilege and we must hold retailers accountable. 9/10/2024 24 Thank you for your leadership! Katie Engman, MCHES Association for Nonsmokers-MN Katie@ansrmn.org 651-646-3005 MN YOUTHTOBACCOSURVEY 2023 Highlights 1 NICOTINE DEPENDENCE IS UP. The share of students who reported 20+ days of recent use increased 165% since 2017. About seven in 10 students who vape want to quit, and nearly two- thirds have tried to quit – with some trying to quit as many as 10 or more times. 2 NICOTINE AFFECTS MENTAL HEALTH. Nicotine dependence can cause stress and mood fluctuations, which can lead to poor mental health, despite the common misperception that nicotine can help relieve stress, anxiety, or depression. In Minnesota, 56% of students who currently vape report symptoms of anxiety or depression compared to 31% than students overall. 3 THE TOBACCO INDUSTRY LURES TEENSTO VAPING WITH FLAVORS AND EASYACCESS. More than 90% of teens who vape use a flavored product. And, 19.6% of teens who vape but cannot legally purchase due to their age reported they bought vapes from a store (including online stores). 4THERE’S STILL WORK TO BE DONE TO PREVENT YOUTH USE AND HELP THOSE WHO MIGHT ALREADY BE HOOKED. MORE INFO:WWW.HEALTH.STATE.MN.US/DATA/MCHS/SURVEYS/ TOBACCO/INDEX.HTML Source: Helgertz SR. Teens and Commercial Tobacco in Minnesota: Highlights from the 2023 Minnesota Youth Tobacco Survey: Minnesota Center for Health Statistics, Minnesota Department of Health, May 2024. FLAVORED PRODUCTS ARE A KEY REASON MINNESOTA IS FACING A YOUTH TOBACCO EPIDEMIC • In Minnesota, one in seven 11th graders uses e-cigarettes, and 88 percent of those students use flavored e-cigarettes.1 • More than 70 percent of youth e-cigarette users in Minnesota are showing signs of nicotine dependence.2 • Seven in 10 youth say they use e-cigarettes “because they come in flavors [they] like.”3 • In Minnesota, 78 percent of 8th-graders and 85 percent of 11th-grade tobacco users report they use a flavored product.4 FLAVORED PRODUCTS MASK THE HARSHNESS OF TOBACCO, AND ARE LURING KIDS INTO ADDICTION • The tobacco industry deliberately uses flavors to attract the next generation of tobacco users.5 • Today’s popular e-cigarettes contain high levels of nicotine which harms the adolescent brain development and primes youth for addiction.6,7 • Candy and fruit flavored tobacco products mask the harsh taste of tobacco and are often perceived to be “safer,” but the use of such products, including menthol cigarettes, can still lead to cancer, heart disease and chronic pulmonary disease.8,9,10,11 • Flavored hookah products are also targeted at youth. Hookah use is not unique to any community or culture and is becoming increasingly common among young people from many different backgrounds.12 • According to doctors and health experts, tobacco use sets kids up for a lifetime of nicotine addiction and serious health conditions like heart disease and cancer. THE TOBACCO INDUSTRY TARGETS BLACK, LGBTQ+, AMERICAN INDIANS AND YOUNG PEOPLE WITH MENTHOL TOBACCO • Menthol flavoring makes it easier for kids to start smoking and harder for adults to quit.13 • For decades, tobacco companies have channeled menthol tobacco products into Black communities, causing death and disease.14,15 • Nationally, 85 percent of Black people who smoke use menthols, versus 29 percent of white smokers.15 • The tobacco industry uses menthol to target Black Americans, LGBTQ communities, and youth.14,16 • Among Minnesota teens who smoke, 33 percent report smoking menthol cigarettes.17 • In Minnesota, smoking rates among American Indians are at epidemic levels (59 percent), and 42 percent of urban American Indians who smoke use menthol cigarettes.18,19 WEAK FEDERAL RULES ALLOW THE TOBACCO INDUSTRY TO USE FLAVORS TO TARGET YOUTH, MINNESOTANS • FDA’s failure to end all flavored e-cigarette sales has led to dramatic increases among products still available, including a 1000 percent increase in disposable e-cigarette use by high schoolers.20 • Today, disposable e-cigarette Puff Bar is the brand most used by middle and high school e-cigarette users.21 • 2.11 million students in the U.S. reported using flavored e-cigarettes, including 1.17 million using mint or menthol.21 TO LEARN MORE OR TO GET INVOLVED, VISIT www.smokefreegenmn.org END THE SALE OF ALL MENTHOL AND FLAVORED COMMERCIAL TOBACCO PRODUCTS Minnesotans agree: We can do more to prevent kids from becoming addicted Minnesotans for a Smoke-Free Generation supports ending the sale of all flavored commercial tobacco products -- including menthol cigarettes, flavored cigars, e-cigarettes, hookah, and smokeless tobacco -- to prevent youth addiction, advance racial and health equity and create a healthier future for everyone. Every time Big Tobacco addicts another generation of kids to smoking, they put all taxpayers on the hook for billions of dollars in healthcare costs to treat tobacco-related diseases. • The federal government (FDA) has proposed rules that would remove flavored combustible tobacco products, including menthol cigarettes and flavored cigars, from the marketplace. That proposed rule is not finalized and would likely face years of delays from the industry. Minnesota should act now to improve health.22 ENDING THE SALE OF ALL FLAVORED TOBACCO PRODUCTS WILL REDUCE TOBACCO USE • Ending the sale of all commercial flavored tobacco products, including menthol cigarettes, flavored cigars, e-cigarettes, hookah, and smokeless tobacco will improve the health of Black communities and other groups targeted by Big Tobacco.14,15 • Among Minnesota menthol smokers, half reported they would quit smoking if menthol cigarettes were no longer sold.23 • Minnesota communities are leading the way. 25% of Minnesotans are covered by a local ordinance that restrict or prohibit the sale of flavored and/or menthol tobacco products.24 • Studies show that local flavor restrictions reduce the chance that teens will ever try tobacco products.25 • Minnesota’s proposal to end flavored tobacco sales has strong bipartisan support. • These policies are overwhelmingly popular. A 2023 statewide poll found that 62 percent of Minnesotans support the proposal to end the sale of all flavored tobacco products. Support for this policy was high across demographics and regions, including among African Americans (68 percent support) and rural residents (67 percent support).26 @smokefreegenMN /smokefreegenMN @smokefreegenMN Our Mission Minnesotans for a Smoke-Free Generation is a coalition of over 50 organizations that share a common goal of advancing justice by striving toward a future where every person is free from commercial tobacco’s harms and can reach their full health potential. Note: Tobacco in this document refers specifically to the use of manufactured, commercial tobacco products, and not to the sacred, medicinal and traditional use of tobacco by American Indians and other groups. 1 Minnesota Department of Health. 2022 Minnesota Student Survey. 2 Minnesota Department of Health. 2020 Minnesota Youth Tobacco Survey, 2021 3 U.S. Department of Health and Human Services, Food and Drug Administration, Center for Tobacco Products. Modifications to Compliance Policy for Certain Deemed Tobacco Products Guidance for Industry DRAFT GUIDANCE. 2019. 4 Minnesota Department of Health. 2022 Minnesota Student Survey. 5 Ritchy AP (RJR Tobacco). Apple Wine Cigarette Project. 1972. http://legacy.library. ucsf.edu/tid/buq49d00/pdf. 6 Jackler RK et al. Nicotine arms race: JUUL and the high-nicotine product market. Tob Control. 2019. 7 U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults: A Report from the Surgeon General. 2016. 8 Muthumalage T et al. Inflammatory and oxidative responses induced by exposure to commonly used e-cigarette flavoring chemicals and flavored e-liquids without nicotine. Front Physiol. 2017. 9 Behar RZ et al. Identification of toxicants in cinnamon-flavored electronic cigarette refill fluids. Toxicol In Vitro. 2014. 10 Allen JG et al. Flavoring chemicals in e-cigarettes: Diacetyl, 2,3-pentanedione, and acetoin in a sample of 51 products, including fruit-, candy-, and cocktail-flavored e-ciga- rettes. Environ Health Perspect. 2016. 11 Bitzer ZT et al. Effect of flavoring chemicals on free radical formation in electronic cigarette aerosols. Free Radic Biol Med. 2018. 12 Momenabadi, V., Hossein Kaveh PhD, M., Hashemi, S. Y., & Borhaninejad, V. R. (2016). Factors Affecting Hookah Smoking Trend in the Society: A Review Article. Addiction & health, 8(2), 123–135. 13 U.S. Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. 14 Gardiner PS. The African Americanization of menthol cigarette use in the United States. Nicotine Tob Res. 2004. 15 Delnevo CD et al. Banning menthol cigarettes: A social justice issue long overdue. Nicotine Tob Res. 2020. 16 Stevens P et al. An analysis of tobacco industry marketing to lesbian, gay, bisexual, and transgender (LGBT) populations: Strategies for mainstream tobacco control and prevention. Health Promot Pract. 2004. 17 Minnesota Department of Health. 2020 Minnesota Student Survey: E-cigarette and Cigarette Findings. February 22, 2021. 18 American Indian Community Tobacco Projects. Tribal Tobacco Use Project Survey, Statewide American Indian Community Report. 2013. 19 Forster J, Poupart J, Rhodes K, et al. Cigarette Smoking Among Urban American Indian Adults — Hennepin and Ramsey Counties, Minnesota, 2011. MMWR Morb Mortal Wkly Rep. 2016;2016(65):534–537. 20 Wang TW et al. E-cigarette use among middle- and high-school students - United States, 2021. MMWR Morb Mortal Wkly Rep. 2021. 21 Cooper M, Park-Lee E, Ren C, Cornelius M, Jamal A, Cullen KA. E-cigarette Use Among Middle and High School Students — United States, 2022. MMWR Morb Mortal Wkly Rep 2022, Notes from the Field. 22 FDA news release. FDA Proposes Rules Prohibiting Menthol Cigarettes and Flavored Cigars to Prevent Youth Initiation, Significantly Reduce Tobacco-Related Disease and Death, April 28, 2022. 23 D’Silva J et al. Quitting and switching: Menthol smokers’ responses to a menthol ban. Tob Regul Sci. 2015. 24 Association for Nonsmokers-Minnesota: https://www.ansrmn.org/issues-resources/flavored-tobacco/, updated January 2023. 25 Farley SM, Johns M. New York City flavored tobacco product sales ban evaluation. Tob Control. 2016. 26 The Morris Leatherman Company: Statewide Tobacco Survey, January 18-February 2, 2023. Poll Finds Minnesotans Support Ending the Sale of All Flavored Tobacco Products Participants were told:The Minnesota State Legislature may consider a proposal that would end the sale of all flavored tobacco products that can appeal to kids, including fruit, mint and candy flavored e-cigarettes, menthol-flavored cigarettes, flavored hookah tobacco and flavored chewing tobacco. Then they were asked: “Would you support or oppose the proposal to end the sale of all flavored tobacco products in Minnesota?” Support Oppose DFL 73%26% Independent 69%28% GOP 55%42% White 66%32% African- American 68%27% Metro 64%35% Rural 67%29% 19% 5% 43% 28% SUPPORT OPPOSE Four times as many residents strongly support the policy (19%) than strongly oppose (5%) 62% 33% Learn more: FlavorsHookKidsMN.org Support is strong across geographies, race and political identities Overall, 62% of Minnesota residents support ending all flavored tobacco sales –nearly double the rate of opposition (33%) Minnesota Tobacco Poll Fact Sheet, February 2023. Contact: Emily Myatt, emily.myatt@cancer.org How concerned are you about vaping, smoking and other tobacco use among Minnesota youth? Suppose your state legislator supported this proposal (to end all flavored tobacco sales). Would you be more or less likely to vote for them? Nearly two-thirds of Minnesota residents choose the health of our kids over tobacco industry concerns Minnesotans Concerned About Youth Tobacco Use, Supportive of Policies and Lawmakers that Prevent Youth Addiction Methodology: The statewide scientific study contains the results of a survey administered to 800 randomly selected adult residents in Minnesota by the Morris Leatherman Company. Professional interviewers conducted the survey via landline and cell phone calls between January 18 and February 2, 2023. Cellphone only households were 54% of the sample, landline only households with 8% of the sample; with the remaining 38% having both cellphones and landlines. The results are projectable to all adult residents in Minnesota to within ±3.5% in 95 out of 100 cases.The survey was paid for by the Tobacco-Free Kids Action Fund. 29% 7% 41% 22% CONCERNED NOT CONCERNED 29% 70% 19% 9% 27% 10% MORE LIKELY LESS LIKELY 19% 66% 30% PROTECT KIDS ALLOW FLAVOR SALES It is more important to protect kids and end the sale of flavored tobacco products to prevent kids from using them (66%) OR It is more important to protect small businesses by allowing them to sell flavored tobacco products (30%) Participants were asked which statement comes closest to their personal opinion: It is more important to help prevent kids from using flavored tobacco and e-cigarette products by ending the sale of these products (64%) OR It is more important to protect the rights of adults to buy tobacco and e-cigarette products in the flavor of their choice (33%) 64% 33% PREVENT KIDS ADULT FLAVOR ACCESS Seven in ten Minnesotans are concerned about youth tobacco use Residents are more than 2x more likely to vote for lawmakers who support flavored tobacco policies 46% 90% of cancer clinical trials involved biomarkers In 2000:In 2018: Tobacco companies are investing heavily in the cannabis industry (NYT, 2018). This is concerning given what we know about the tobacco industry’s predatory marketing practices that target youth, low-income communities, and Black, Indigenous, and People of Color (Truth, 2021). Altria (Philip Morris - Marlboro) is a founding member of the Coalition for Cannabis Policy, Education, and Regulation, a coalition focused on federal cannabis regulation that provides lawmakers with ‘trusted, science- driven resources.’ The tobacco industry has worked hard to weaken smoke-free air laws in other states. The cannabis industry is borrowing from Big Tobacco’s Playbook by: Manipulating potency thereby increasing the risk of addiction and psychosis, similar to manipulating nicotine levels. Creating flavored and other highly appealing products aimed at attracting young people and masking the harshness of a product. Targeted and misleading marketing of products “and masking the harshness of the product.” C A N N A B I S A N D T H E T O B A C C O I N D U S T R Y C O M M E R C I A L T O B A C C O A N D R E C R E A T I O N A L C A N N A B I S Commercial tobacco prevention and treatment advocates have worked for many years to implement policies that reduce the burden of commercial tobacco and address tobacco-related health disparities in all Minnesota communities. There are many public health lessons and policies learned from commercial tobacco work that the legislature can consider in 2024 to amend the recreational cannabis law to promote public health, protect kids, and advance health equity. C A N N A B I S P O L I C Y C O N S I D E R A T I O N S Cannabis policy should be established with protections for children, young people, low-income communities, and Black, Indigenous, and People of Color. We know that the tobacco industry has long used flavored products to attract kids and to target Black, Indigenous, and People of Color. This tactic makes their products more appealing and seemingly less harmful. We cannot allow the cannabis industry to replicate these tactics because we know the immense public health impact they have. Minnesotans for a Smoke-Free Generation supports HF4251 (Her), legislation to prohibit the sale of flavored cannabis that is burned, inhaled, or vaporized without penalties for purchase, use, or possession. P R O H I B I T T H E S A L E O F F L A V O R E D C A N N A B I S T H A T I S B U R N E D , I N H A L E D , O R V A P O R I Z E D Photo Credit: ANSR Minnesota F o r m o r e i n f o r m a t i on pl ea s e c o n t a c t : E m i l y M y a t t , Mi n n e so t a n s fo r a S m o k e -Fr e e G e n e r a t i o n co -c h a i r a t e m i ly .m y a t t @ c an c e r .o r g o r (6 0 8 ) 295 -5 9 8 5 . Smoke is smoke. Smoke from cannabis contains many of the same toxins, irritants and carcinogens as found in tobacco smoke and secondhand smoke can be a serious health hazard (Marijuana and Lung Health, 2021). Minnesotans expect and deserve the right to breathe clean air in indoor spaces. Minnesota’s Clean Indoor Air Act prohibits the use of all heated and combustible products intended for inhalation, including tobacco, nicotine, cannabis and other smoking and aerosol products in all workplaces where cigarette smoking is already prohibited. Burned, inhaled, or vaporized cannabinoid products (recreational or medicinal) should not be used where smoking is prohibited, following state and local clean indoor air laws and ordinances. Minnesotans for a Smoke-Free Generation supports legislation to ensure all public workplaces, including cannabis retailers, follow state and local clean-indoor air laws to ensure no rollbacks of existing clean indoor air. M A I N T A I N S T R O N G C L E A N I N D O O R A I R Secondhand smoke (whether from commercial tobacco or cannabis) disproportionately impacts children, low wage earners, and Black, Indigenous, and People of Color. All Minnesotans deserve the right to breathe clean air at home. Enforcement of smoke-free multiunit housing policies should balance the goal of protecting residents from secondhand and thirdhand smoke exposure with the goal of ensuring housing stability for all residents. It is pertinent that property owners, managers, common interest communities, and local jurisdictions have the authority to adopt smoke-free policies (stronger than current state law) that prohibit the smoking of cannabis and commercial tobacco products in and on multi-unit housing property to protect residents, staff, and guests from harmful secondhand exposure. MSFG Recommendation: Replace ‘multifamily housing’ with ‘multiunit residence’ and ‘Multiunit residence means a building or portion thereof designed or used for residential occupancy by two or more households in separate dwelling units.” Smoke-free multiunit housing ordinance (Public Health Law Center) Revise $250 fine to ability to pay, community service, or other noncriminal sanctions. Local jurisdictions should be allowed to regulate smoke-free housing, even if the smoke-free housing provision is removed. Local regulations should include guardrails to protect housing stability and ensure any local action does not include criminal sanctions. C A N N A B I S , C O M M E R C I A L T O B A C C O , A N D S M O K E -F R E E H O U S I N G Association for Nonsmokers-MN www.ansrmn.org Reducing the Number of Tobacco Licenses in Your Community The “How” and “Why” of reducing the number of stores selling tobacco products in your community. When more tobacco and e-cigarette retailers are located in a given area, residents’ health suffers. Youth are more likely to start using tobacco. People who smoke consume more cigarettes per day and have a harder time quitting. Further, tobacco and e-cigarette retailers cluster in neighborhoods with a high percentage of low-income residents and Black and Latino residents. These communities are targeted by tobacco companies, and they disproportionately suffer the health harms caused by tobacco use. To decrease the overall presence and impact of commercial tobacco, communities can use their tobacco licensing ordinance to restrict the total number of tobacco licenses that they issue. There are varied approaches to restricting the number of tobacco licenses, including: ●Setting a cap of zero licenses.When a license is not renewed (for example, if a retailer closes or chooses to stop selling tobacco products), it is permanently retired, effectively reducing the overall number of licenses over time. ●Setting a cap of one or more on the total number of licenses and requiring any prospective tobacco or e-cigarette retailer in excess of the cap to join a waiting list until an existing license becomes available. ●Setting a cap at a specific number of licenses based on population (for example, allowing one tobacco license per 2,000 residents). As with capping a total number of licenses at zero, when a license is not renewed, it is permanently retired until the desired total number of licenses is reached. 2 ●Creating two license categories: one for tobacco-only retailers (stores that derive 90% of their total revenue from tobacco and tobacco related products) and one for stores that sell tobacco as well as other products, including gas stations, convenience stores, grocery stores. Then, setting a separate cap on the total number of each type of license. Any prospective tobacco or e-cigarette retailer in excess of the relevant cap would be required to join a waiting list until an existing license becomes available. How have Minnesota communities approached capping the number of tobacco licenses? A number of Minnesota communities have used license capping as a way to address the impact of commercial tobacco. Bloomington, which currently has more than 50 tobacco licenses, set a cap of zero licenses. Through attrition, the city will eventually get down to zero, though this will likely take decades. Golden Valley capped their licenses at 8. At the time, they had 14 licenses. Through attrition, the city will get down to 8 licenses. They arrived at the number 8 by setting a standard of having one tobacco license per 2500 residents in their community. Saint Paul created two classifications of licenses to sell tobacco. The total cap on the number of Tobacco Shop licenses is 150, compared to the 190 licenses in operation in St. Paul today. The number of Tobacco Products Shops licenses is capped at 25, compared to the 39 in operation today. St. Paul will reach these license numbers through attrition and new licenses can be given only after they fall below these caps. Is capping the number of tobacco licenses an effective tobacco prevention strategy? Yes. The location and density of commercial tobacco-related product retailers influences tobacco-related product use among residents living in those communities. Research shows that youth who live or attend school in neighborhoods with the highest density of tobacco outlets or retail tobacco adver tising have higher smoking rates compared to youth who live or attend school in neighborhoods with fewer or no tobacco outlets.Compounding existing health disparities, tobacco1 retailers are often concentrated in communities at higher risk for adverse health outcomes. Further, tobacco manufacturer spending on advertising, marketing and price is directed at youth and young adults. The majority of smokers start young, youth get tobacco from older peers, and exposure to nicotine is particularly dangerous to the adolescent brain. Therefore, the purpose of this ordinance is 1 Schleicher, N. C., Johnson, T. O., Fortmann, S. P.,& Henriksen, L. (2016). Tobacco outlet density near home and school: Associations with smoking and norms among US teens.Preventive medicine,91, 287–293. https://doi.org/10.1016/j.ypmed.2016.08.027 3 to reduce the appeal to youth and young adults and reduce the likelihood that youth and young adults will become users of tobacco-related products later in life, thereby promoting health, safety and welfare. What resources exist for communities looking to cap the number of tobacco licenses they issue? There are several resources available to Minnesota communities, including model ordinance language from the Public Health Law Center. See below for this and other resources: 1.MINNESOTA CITY RETAIL TOBACCO LICENSING ORDINANCE, Public Health Law Center: https://publichealthlawcenter.org/sites/default/files/resources/MDH-City-Retail-Ordinance-20 20.pdf (See Page 12 for language about license capping) 2.Location, Location, Location: Tobacco and E-cig sales, Public Health Law Center: https://publichealthlawcenter.org/sites/default/files/resources/Location-Tobacco-Ecig-Point-O f-Sale-2019.pdf 3.Tobacco Ordinance FAQ from the City of Bloomington: https://www.bloomingtonmn.gov/ph/tobacco-ordinances 4.Counter Tools Policy Solution: LICENSING, ZONING, AND RETAILER DENSITY: https://countertobacco.org/policy/licensing-and-zoning/ 5.Change Lab Solutions: “Tobacco Retailer Density Place-Based Strategies to Advance Health and Equity”: https://changelabsolutions.org/sites/default/files/CLS-BG214-Tobacco_Retail_Density-Factsh eet_FINAL_20190131.pdf (pages 4-5) Association for Nonsmokers-Minnesota |www.ansrmn.org | 651.646.3005  Date 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