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HomeMy WebLinkAboutCC PACKET 03112025CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, March 11, 2025 at 7:00PM Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. NineNorth Presentation Jeff Ongstad, Nine North Executive Director, presenting. CITY FACT SHEET ST. ANTHONY 25.PDF Consent Agenda. Approval Of CC Meeting Minutes CC 02 -25 -2025.PDF License And Permits LICENSEANDPERMITS .PDF Claims 3 -11 -2025.PDF Resolution 25 -021 - Authorizing City Application For A Cannabis Dispensary Retail License RESOLUTION 25 -021.PDF Public Hearing. Ordinance 2025 -01 - Regulating The Sale Of Tobacco And Related Devices And Products Emily Anderson, Association of Nonsmokers -MN, presenting. FIRST READING PRESENTATION.PDF PRICEDISCOUNTINGFACTSHEET 2025.PDF CITATIONS FOR SAV (1).PDF PRICE FACTSHEET.PDF PRICE KEY POINTS.PDF ORDINANCE 2025 -01.PDF NOTICE -PUBLIC HEARING -.PDF Reports From Commission And Staff. General Business Of Council. Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to three minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Information And Announcements. 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 -3314 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. I. II. III. IV. V. A. Documents: VI. A. Documents: B. Documents: C. Documents: D. Documents: VII. A. Documents: VIII. IX. X. XI. XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, March 11, 2025 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.NineNorth PresentationJeff Ongstad, Nine North Executive Director, presenting.CITY FACT SHEET ST. ANTHONY 25.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 02 -25 -2025.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims3-11 -2025.PDF Resolution 25 -021 - Authorizing City Application For A Cannabis Dispensary Retail License RESOLUTION 25 -021.PDF Public Hearing. Ordinance 2025 -01 - Regulating The Sale Of Tobacco And Related Devices And Products Emily Anderson, Association of Nonsmokers -MN, presenting. FIRST READING PRESENTATION.PDF PRICEDISCOUNTINGFACTSHEET 2025.PDF CITATIONS FOR SAV (1).PDF PRICE FACTSHEET.PDF PRICE KEY POINTS.PDF ORDINANCE 2025 -01.PDF NOTICE -PUBLIC HEARING -.PDF Reports From Commission And Staff. General Business Of Council. Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to three minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Information And Announcements. 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 -3314 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. I.II.III.IV.V.A.Documents:VI.A.Documents:B.Documents:C.Documents: D. Documents: VII. A. Documents: VIII. IX. X. XI. XII. A. Documents: XIII. 2 Fact Sheet St. Anthony Village City Council Meeting 3/11/2025 General Information St. Anthony Village is part of a 9 City Joint Powers Agreement in the northern suburbs. The 9 cities include Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St. Anthony. This JPA operates the North Suburban Communications Commission and the North Suburban Access Corporation. The NSCC handles such matters as Cable Franchise Renewal, Cable Complaints, and Cable Franchise Oversite. The NSCC is funded by a portion of each city’s Cable Franchise Fees. The NSAC handles the production of programs, meetings, videos, and distribution of that content. The NSAC is funded by Cable PEG fees as well as earned income. The NSAC, formally known at CTV, now does business as NineNorth. Both are governed by the same board with an appointed member from each city. Your member is Mayor Wendy Webster. Both also have the same Executive Director, Jeff Ongstad. The NineNorth Studios are located in Roseville at 2670 Arthur Street. NineNorth’s website is www.ninenorth.org. NineNorth and St. Anthony Village NineNorth operates 3 HD channels and 4 SD channels in St. Anthony on Comcast Cable. They are NineNorth (HD 859, SD 15), NineNorth Sports (HD 799, SD 14), NineNorth Government St. Anthony (HD 798, SD 16), and NineNorth Access (SD 19). 3 NineNorth airs over a thousand hours of local programming per year. Of that number, 127 are directly focused on St. Anthony. NineNorth provides production of all St. Anthony City Meetings. This totaled 63 meetings in 2024 alone. We also cover major St. Anthony events such as the Villagefest Parade, the Civic Orchestra’s 50th Anniversary Concert, and numerous other events. We produce Candidate Forums for St. Anthony Mayor and Council races, along with applicable State House and Senate races. We offer Candidate Speak Outs, where candidates can let their views be known. We also produce “Spotlight” stories on people, places, history, and events in our 9 cities including 18 stories focusing on St. Anthony in the last year. Overall, we have had a 500% increase in our production of “Spotlight” stories in the last year. NineNorth also does facility assessments for St. Anthony facilities, offering suggestions on equipment upgrades and facility efficiency. 2025 and Beyond As part of NineNorth’s Objectives and Goals for 2025, we are anticipating another 50% increase in our our coverage of community and civic events for St. Anthony and the other member cities. In addition to expanding our public digital newsletter, we are adding a “City Staff/Officials” newsletter to better inform City Staff and Officials on what we’re doing and how we can help. We’re also expanding our presence at community events over the spring and summer, by not only covering the events, but participating in the event with a booth or table. We’ve recently updated our studios to 4K with a new production switcher and cameras. This will give us increased capabilities to serve our member cities better. We are actively using and testing AI tools to expand our capabilities, and to speed up our production workflow to produce even more content. If you’d like a tour of our facility or you have any questions, call me at 651-792- 7512 or e-mail me at jongstad@ninenorth.org. 4 CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 FEBRUARY 25, 2025 3 4 I. CALL TO ORDER. 5 6 Mayor Wendy Webster called the meeting to order at 7:00 p.m. 7 8 II. PLEDGE OF ALLEGIANCE. 9 10 Mayor Wendy Webster invited the Council and audience to join her in the Pledge of Allegiance. 11 12 III. ROLL CALL. 13 14 Present: Mayor Webster, Councilmembers Doolan, Elnagdy, Jenson and Randle. 15 16 Absent: None. 17 18 Also Present: City Manager Charlie Yunker, Assistant City Manager Ashley Morello, Park and 19 Environmental Commission Chair Lily Fee, Police Chief Jeff Spiess, and Liquor 20 Operations Manager Mike Larson. 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE 24 FOLLOWING ITEMS. 25 26 IV. APPROVAL OF FEBRUARY 25, 2025 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve the City 29 Council Meeting Agenda of February 25, 2025 as presented. 30 31 Motion carried 5-0. 32 33 V. PROCLAMATIONS AND RECOGNITIONS. 34 35 A. Water Conservation Poster Winners. 36 37 Park and Environmental Commission Chair Lily Fee presented the seven winners of the Water 38 Conservation Poster Contest. The posters were on display in the atrium. There were 41 posters 39 submitted. The top 4 posters were selected as winners. 40 41 4th Place – Avery Latourelle and Cora Carlson 42 3rd Place – Greyson Dunkley and Savannah Foreman 43 2nd Place – Annie and Dylan 44 1st Place – Sam Holt 45 46 Photographs were taken of the winners and the Mayor. 47 48 B. Swearing in of Police Officers. 49 5 City Council Regular Meeting Minutes February 25, 2025 Page 2 1 Police Chief Jeff Spiess provided background on both officers and administered the Oath of 2 Office for Police Officer Leah Gulbranson and Police Officer James Devaney. 3 4 Mayor Webster and all Councilmembers congratulated and welcomed the new officers. 5 6 VI. CONSENT AGENDA. 7 8 A. Approve February 11, 2025 Council Meeting Minutes. 9 B. License and Permits. 10 C. Claims. 11 D. Resolution 25-019 Establishing a Special Revenue Fund 12 13 Motion by Councilmember Elnagdy, seconded by Councilmember Doolan, to approve the 14 Consent Agenda items. 15 16 Motion carried 5-0. 17 18 VII. PUBLIC HEARING - NONE. 19 20 VIII. REPORTS FROM COMMISSION AND STAFF - NONE. 21 22 IX. GENERAL BUSINESS OF COUNCIL. 23 24 A. Resolution 25-020 – Authorizing City Staff to Proceed with a Public Safety Facility 25 Exploration. 26 27 City Manager Yunker reviewed throughout much of 2024 extensive discussion took place on the 28 functionality of the current Police Department facility during the process of considering a 29 renewal of the policing partnership with the City of Falcon Heights. While it was known that the 30 facility was not adequate to fit current needs, the renewed partnership has brought the issue to 31 the top of the priority list of City facilities needing attention to better fit current and future needs. 32 33 As part of the renewed partnership decision, a commitment was made to explore the options for 34 renovating and expanding the Police Department facility. One option to expand and renovate the 35 current facility, and preliminary work has been completed on a scope should that be the 36 necessary option. Also, Staff is working on completing minor renovations in 2025 to 37 accommodate new staff and make the space more usable either for the Police Department or 38 another user should the department move to a different location. 39 40 The other option is to add-on to the existing Fire Station and join the Police and Fire 41 Departments into a joint Public Safety Facility. This would address space issues in both the Fire 42 and Police Departments and allow for a better long-term solution for the needs of both 43 departments. 44 45 6 City Council Regular Meeting Minutes February 25, 2025 Page 3 This Public Safety Facility option is dependent on two primary factors: (1) the feasibility of 1 constructing an expanded facility adjacent to the existing fire station, and (2) the ability of the 2 City to secure as much outside funding as possible, and supplement with city bonding at an 3 amount that will not put additional, undue pressure on the annual tax levy. As reflected in the 4 City’s 2025 Strategic Plan, efforts will be made this year to determine if a Public Safety Facility 5 approach is feasible both logistically and financially. 6 7 To determine the answer on both of those factors, third-party expertise is needed. Staff has been 8 working on preliminary steps to secure the expertise, and proposals are included for Council’s 9 review and approval of the approach proposed. 10 11 The City worked with Oertel Architects in 2024 to discuss the Police Department facility while 12 the Falcon Heights partnership renewal discussions were taking place to assess the impact and 13 options at the Community Center facility. Subsequent discussions have focused on the concept of 14 the Public Safety Facility and the plan to seek outside funding. 15 16 In order to determine if outside funding will be available, the City needs to get the facility 17 concept to a “predesign” status which is enough design to demonstrate the project has legitimate 18 support and is achievable, while leaving many details and specifics to be determined at a 19 subsequent phase, once adequacy of funding is determined. 20 21 Those deliverables are described in the proposal from Oertel Architects and consist of four 22 primary elements: 23 • Spreadsheet showing space needs and relation to existing spaces. 24 • Test fits showing remodel and addition options. 25 • Early phase opinion of cost. 26 • Presentation graphics as needed. 27 28 The proposed cost for this predesign phase is $15,150. 29 30 The City does not have the financial resources to fund a new facility exclusively through its 31 annual tax levy, and outside support will be required. The City has a long history of seeking 32 grant funding, but does not have an extensive history in seeking and securing this particular type 33 and scope of funding, and third-party expertise will be needed in order to fully explore the 34 options and craft a compelling case for financial support. 35 36 Staff has met with Fox Advancement on two occasions to discuss this project and craft a scope 37 of work to assist. Fox Advancement has provided a proposal to assist that covers four primary 38 objectives with additional details in their proposal: 39 • Identify and Prioritize Public Grant Opportunities. 40 • Develop a Strategic Grant Application Plan. 41 • Explore Public-Private Partnerships and Philanthropic Funding. 42 • Final Report and Recommendations. 43 44 The proposed cost for this work is proposed at hourly rates detailed in the proposal, with an 45 overall scope expected to be approximately $8,000 - $9,000. 46 7 City Council Regular Meeting Minutes February 25, 2025 Page 4 1 Staff recommends approval of both proposals to continue efforts on the exploration of a Public 2 Safety Facility. 3 4 Also provided for Council consideration were Oertel Architects Proposal, Fox Advancement 5 Proposal authorizing Resolution. 6 7 Councilmember Randle noted there may be grants coming from the DOJ which he heard from 8 another elected official in another community. 9 10 Councilmember Jenson asked how old the current police department is and Mr. Yunker stated it 11 was completed in 1996. A 30 year old facility in today’s world is different that what it would be 12 currently. He is glad to see the consultant will assist in obtaining grants. 13 14 Councilmember Doolan stated this is an important step forward. She noted the feasibility study 15 will show what is needed for Police and Fire facility needs. Fox sounds like a great company. 16 17 Councilmember Elnagdy stated she is excited about the grants that are available to the City. 18 19 Mayor Webster stated this was one of the goals for the year is to look at the feasibility of a new 20 facility. She supports both proposals. 21 22 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Resolution 23 25-020 – Authorizing City Staff to Proceed with a Public Safety Facility Exploration. 24 25 Motion carried 5-0. 26 27 B. Administration Annual Report. 28 29 City Manager Yunker and Assistant City Manager Morello reviewed a Power Point of the 30 Administration Annual Report for 2024 including City Council Members, 2024 Meetings Held, 31 2024 Actions, 2024 Strategic Plan, Administration Staff, Administration Department, 2024 32 Significant Events, Planning & Permits Accomplishments, Cannabis Business Regulation, 33 Informed & Engaged, Ways to Connect and Engage, Human Resources, Spirit of St. Anthony 34 Award 2024, Sustainability, Community Affiliations, Grants & Cooperative Ventures, and 35 Planning for 2025. The complete Annual Report can be found at savmn.com/annual reports. 36 37 Mayor Webster thanked Charlie and Ashley for a tremendous overview. Administration is the 38 bones of the City. 39 40 Councilmember Jenson stated he has been here many years and seen a number of Administrative 41 Annual Reports. This was the best report. Very good people have been hired to work for the 42 City. 43 44 Councilmember Elnagdy stated she has enjoyed working with City Staff in her short term on the 45 Council. 46 8 City Council Regular Meeting Minutes February 25, 2025 Page 5 1 Councilmember Doolan stated she appreciates the support staff has given her. She acknowledged 2 the hard work with managing the amount of turnover and wanted to acknowledge the awesome 3 work in Sustainability and quantifying the outcomes. 4 5 C. Liquor Operations Annual Report. 6 7 Liquor Operations Manager Mike Larson introduced two staff members, Assistant Operations 8 Manager Bill Haugen and Store Clerk Holly Quarry. Mr. Larson reviewed a Power Point of the 9 St. Anthony Village Liquor Operations Annual Report for 2024 including Convenient Locations, 10 Mission Statement, Vision Statement, The Value of Municipal Liquor Operations, The Value of 11 St. Anthony Village Wine and Spirits, Sales and Profit Comparison 2024-2023, 5 Year Profit 12 History, 10 Year Profit History, Benchmarks and Comparisons, 2024 Accomplishments, Current 13 Conditions, Looking Ahead for 2025, Online Information Available on SAVMN.COM. The 14 Spring Sampling Event will be held April 5th 2-5pm at the Marketplace location. 15 16 Councilmember Jenson thanked Mr. Larson for his comprehensive report. He asked how 17 inventory turns compare to other stores. Mr. Larson stated some stores have quicker turns. 18 Delivery problems are present. Currently they have 5 inventory turns a year. 19 20 Councilmember Elnagdy stated at a conference she attended municipal liquor and cannabis. 21 They were astounded at the profits of the St. Anthony liquor stores. She has just started shopping 22 at the liquor stores and won’t go anywhere else. 23 24 Councilmember Doolan stated Mr. Larson does an amazing job. She noticed in 2024 the profit 25 turned was great in inflationary periods. She is confident in Mr. Larson’s skills in making profit. 26 27 Mayor Webster thanked Mr. Larson for the comprehensive overview. 385,000 transactions is an 28 average of 1000 transactions a day. These are many opportunities for the liquor store staff to 29 connect with residents. She referred to a Star Tribune article about Mr. Larson and the liquor 30 stores. She thanked the liquor store staff for their work. 31 32 X. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 33 34 City Manager Yunker had no report. 35 36 Councilmember Randle had no report. 37 38 Councilmember Doolan stated on February 12, she attended the last MWMO Meeting. On 39 February 21-22 she attended the Elected Leaders Institute. 40 41 Councilmember Jenson stated on February 12, he attended the Northeast Youth and Family 42 Services Finance Committee meeting. Later on February 12, he received his Individual 43 Intercultural Development Assessment. On February 13 he attended the Ramsey County Local 44 League of Governments meeting. 45 46 9 City Council Regular Meeting Minutes February 25, 2025 Page 6 Councilmember Elnagdy stated she attended the Elected Leaders Institute on February 21-22. 1 2 Mayor Webster stated on February 20 she attended the NineNorth Board Meeting. She also 3 attended the Elected Leaders Institute on February 21-22. On February 23 she attended the 4 Puzzle Showdown at Silverwood Park. On February 24 she met with Barb the City’s 5 Communication Coordinator. 6 7 XI. COMMUNITY FORUM - NONE. 8 9 No one appeared to address the City Council. 10 11 XII. INFORMATION AND ANNOUNCEMENTS. 12 13 A. Future Agenda Items. 14 15 The next Work Session Meeting and Regular Council Meeting will be held on March 11, 2025. 16 17 Councilmember Doolan announced that Friday is the last day for nominations for Villager and 18 Business of the Year. The Connect with Council sessions will start next week at multi-family 19 buildings. 20 21 XIII. ADJOURNMENT. 22 23 Motion by Councilmember Elnagdy, seconded by Councilmember Jenson to adjourn the meeting 24 at 9:00 p.m. 25 26 Motion carried 5-0. 27 28 Respectfully submitted, 29 Debbie Wolfe 30 TimeSaver Off Site Secretarial, Inc. 31 32 33 34 Mayor 35 ATTEST: 36 City Clerk 37 38 10 Saint Anthony Village DATE: March 11, 2025 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractor License KGPCo Services LLC, Faribault, MN Mohler Chimney Repair LLC Signs Unlimited of Plymouth, Buffalo, MN Vector Sign Solutions, Woodbury, MN Versacon Inc., Minneapolis, MN Mechanical Contractor License: Larson Plumbing & Heating, Isanti, MN Cigarette and Tobacco Licenses: Applicant:Walgreens #06735 Location:3700 Silver Lake Rd NE Garbage Hauler Licenses: Waste Management, Blaine, MN Walters Recycling & Refuse, Blaine, MN Residential Rental Licenses: Applicant:Krystyna Dabrowska Location:2601 Kenzie Terrace #303 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 2/26/2025 - 3/11/2025 Mar 04, 2025 03:51PM Vendor Number Payee Check Issue Date Amount 11798 CENTRAL PENSION FUND LOCAL #49 02/28/2025 3,840.00 10710 MISSION SQUARE 02/28/2025 1,616.15 2048 4815 EXCELSIOR LLC 03/11/2025 595.00 1122 AM CRAFTS SPIRITS 03/11/2025 68.70 1100 ARTISIAN BEER COMPANY 03/11/2025 12,766.42 10115 ASPEN MILLS 03/11/2025 1,029.36 13414 ASSA ABLOY ENTRANCE SYSTEMS US INC.03/11/2025 1,884.51 10159 BEISSWENGER'S 03/11/2025 4.48 1013 BELLBOY CORPORATION 03/11/2025 2,763.90 1014 BELLBOY CORPORATION 03/11/2025 187.90 10185 BOUND TREE MEDICAL LLC 03/11/2025 593.66 8544 BOURGET IMPORTS 03/11/2025 222.00 1018 BREAKTHRU BEVERAGE MINNESOTA BEER LLC 03/11/2025 26,635.05 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 03/11/2025 10,737.48 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 03/11/2025 2,708.30 10218 BUREAU OF CRIM. APPREHENSION 03/11/2025 780.00 1017 CAPITOL BEVERAGE SALES 03/11/2025 30,704.10 13337 CL BENSEN CO., INC 03/11/2025 169.36 1010 CLEAR RIVER BEVERAGE COMPANY 03/11/2025 526.95 12044 COMPASS MINERALS 03/11/2025 6,893.50 10332 COMPTON'S COMMERCIAL CLNG. INC 03/11/2025 3,578.00 13447 COWLES INSPECTIONS, INC.03/11/2025 1,189.04 10373 DAILEY DATA & ASSOCIATES 03/11/2025 4,045.56 2049 Dangerous Man Brewing Co.03/11/2025 1,407.00 10393 DELL MARKETING LP 03/11/2025 9,249.76 13372 DUSK SYSTEMS LLC 03/11/2025 1,692.88 12606 DVS RENEWAL 03/11/2025 15.25 10461 EHLERS & ASSOCIATES, INC.03/11/2025 3,410.00 12019 ENFORCEMENT LIGHTING LLC 03/11/2025 6,655.00 13392 EVEREST EMERGENCY VEHICLES INC.03/11/2025 27,847.14 13324 FLASHBAY INC.03/11/2025 539.50 10526 FLEETPRIDE 03/11/2025 58.56 1110 GENERAL INDUSTRIAL SUPPLY CO 03/11/2025 608.98 13264 GRITTMAN CONSULTING LLC 03/11/2025 6,250.00 13451 GUARDIAN FLEET SAFETY 03/11/2025 8,635.70 13432 GUARDIAN SUPPLY 03/11/2025 6,917.46 10603 H & L MESABI INC 03/11/2025 4,597.05 10652 HENNEPIN COUNTY ACCOUNTS RECEIVABLE 03/11/2025 101.04 10661 HENNEPIN COUNTY TREASURER 03/11/2025 1,734.22 1019 HOHENSTEIN'S INC 03/11/2025 13,182.47 10693 HOTSY MINNESOTA 03/11/2025 97.50 2044 INSIGHT BREWING COMPANY 03/11/2025 1,826.93 1102 JOHNSON BROTHERS 03/11/2025 3,620.26 1004 JOHNSON BROTHERS LIQUOR COMPANY 03/11/2025 3,130.90 1005 JOHNSON BROTHERS LIQUOR COMPANY 03/11/2025 4,682.25 1006 JOHNSON BROTHERS LIQUOR COMPANY 03/11/2025 10,643.22 1044 JOHNSON BROTHERS LIQUOR COMPANY 03/11/2025 17,604.66 10831 LEAGUE OF MINNESOTA CITIES 03/11/2025 2,750.00 12894 LEAST SERVICE COUNSELING LLC 03/11/2025 1,110.00 12757 LEXIPOL LLC 03/11/2025 3,599.10 2045 LIBATION PROJECT 03/11/2025 613.96 10861 LOFFLER COMPANIES - 131511 03/11/2025 49.16 2010 LUPULIN BREWING 03/11/2025 667.75 13 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 2/26/2025 - 3/11/2025 Mar 04, 2025 03:51PM Vendor Number Payee Check Issue Date Amount 10874 MACQUEEN EQUIPMENT GROUP 03/11/2025 626.15 13255 MARTIN MARIETTA MATERIALS INC 03/11/2025 514.20 1125 MAVERICK (NEGOCE)03/11/2025 113.46 2029 MEGA BEER 03/11/2025 273.00 13241 METRO INET 03/11/2025 951.00 10931 METROPOLITAN COUNCIL WASTEWATER 03/11/2025 79,117.37 2005 MILK AND HONEY CIDERS 03/11/2025 460.00 12940 MINNEHAHA BLDG MAINTENANCE 03/11/2025 76.95 11032 MINNESOTA DEPT OF HEALTH 03/11/2025 5,754.00 10985 MINNESOTA FIRE SERVICE 03/11/2025 131.00 2006 MODIST BREWING COMPANY 03/11/2025 665.16 13363 MSTS RECEIVABLES LLC 03/11/2025 6.99 1051 NEW FRANCE WINE COMPANY 03/11/2025 451.50 2052 NOTHING BUT HEMP LLC 03/11/2025 687.00 13210 ODP BUSINESS SOLUTIONS LLC 03/11/2025 476.73 1066 OLD WORLD CANNING COMPANY 03/11/2025 210.96 2038 OLIPHANT BREWING 03/11/2025 200.00 12779 OPTION ONE MECHANICAL LLC 03/11/2025 8,970.02 11197 PAUL CONWAY SHIELDS 03/11/2025 858.00 1012 PAUSTIS & SONS 03/11/2025 2,283.50 1001 PHILLIPS WINE & SPIRITS 03/11/2025 3,926.21 1002 PHILLIPS WINE & SPIRITS 03/11/2025 13,307.76 11227 PLUNKETT'S 03/11/2025 396.42 13152 POLCO 03/11/2025 5,500.00 12747 PRECISE MRM LLC 03/11/2025 69.00 2019 PRYES BREWING COMPANY 03/11/2025 674.75 2047 RUE 38 LLC 03/11/2025 260.00 12614 SAFELITE FULFILLMENT INC 03/11/2025 404.45 11393 SETS DESIGN, INC.03/11/2025 870.00 2018 SMALL LOT WINES 03/11/2025 548.00 1024 SOUTHERN GLAZER'S OF MN 03/11/2025 8,028.16 1008 SOUTHERN GLAZER'S OF MN 03/11/2025 10,747.15 1026 SOUTHERN GLAZER'S OF MN 03/11/2025 27,139.63 1036 SOUTHERN GLAZER'S OF MN 03/11/2025 1,017.96 2001 STEEL TOE BREWING 03/11/2025 105.00 11994 STERICYCLE INC 03/11/2025 49.64 13178 STEVEN P CARLSON, ATTORNEY AT LAW PLLC 03/11/2025 5,000.00 11502 STREICHERS 03/11/2025 1,376.73 12920 SVAP III SILVER LAKE VILLAGE LLC 03/11/2025 5,268.80 11559 THOMPSON ASSOCIATES 03/11/2025 575.00 11568 TITAN MACHINERY 03/11/2025 83.25 11586 TRACY PRINTING 03/11/2025 463.00 1098 TRADITION WINE & SPIRITS 03/11/2025 328.00 2007 URBAN GROWLER 03/11/2025 175.50 11659 VALLEY-RICH C0., INC.03/11/2025 11,389.45 12163 VAN PAPER COMPANY 03/11/2025 984.76 2023 VENN BREWING CO 03/11/2025 975.00 11674 VERIZON WIRELESS 03/11/2025 2,153.72 11678 VESSCO INC 03/11/2025 711.50 1025 VINOCOPIA 03/11/2025 1,026.75 11900 WARNING LITES OF MN INC 03/11/2025 2,087.16 11933 WIMACTEL INC 03/11/2025 75.00 1034 WINE COMPANY THE 03/11/2025 1,982.73 14 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 2/26/2025 - 3/11/2025 Mar 04, 2025 03:51PM Vendor Number Payee Check Issue Date Amount 1038 WINE MERCHANTS INC 03/11/2025 8,595.51 1032 WINEBOW 03/11/2025 1,003.25 11740 XCEL ENERGY 03/11/2025 24,854.09 Grand Totals:501,817.44 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 25-021 A RESOLUTION AUTHORIZING CITY STAFF TO PROCEED WITH AN APPLICATION FOR A STATE CANNABIS DISPENSARY RETAIL LICENSE WHEREAS, the State of Minnesota recently started to accept applications for cannabis dispensary retail licensing, and; WHEREAS, Council discussed the option of opening a dispensary at the November 26, 2024 Worksession, and; WHEREAS, determined opening a municipal dispensary would fit the mission of the City by regulating the sale of cannabis, and; WHEREAS, City Staff would like to proceed with the application for a cannabis license, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Anthony Village that the council authorizes staff to proceed with an application for a state cannabis dispensary retail license. . Adopted this 25th day of February, 2025. _______________________________ Wendy Webster, Mayor ATTEST: _________________________ City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 3/5/2025 1 Commercial Tobacco Prevention: Overview of Proposed Ordinance Updates Saint Anthony Village City Council Meeting March 11, 2025 Emily Anderson Association for Nonsmokers-MN 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 19 3/5/2025 2 20 3/5/2025 3 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. All Minnesotan s Pay 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. 21 3/5/2025 4 6.4% 3.2% 8.2% 7% 14.9% 11.4% 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…” 22 3/5/2025 5 Minnesota Youth Tobacco Survey 2023 Minnesota Youth Tobacco Survey 2023 23 3/5/2025 6 ●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 How can Minnesota communities address these issues? 24 3/5/2025 7 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. Proposed Ordinance Updates 25 3/5/2025 8 Price Discounting ○End the redemptions of coupons and price discounts; ○Set a minimum price and package sizes for commercial tobacco products; WHAT IS PRICE DISCOUNTING? Tobacco products are reduced to a lower price through coupons and price promotions. 26 3/5/2025 9 HOW DO PEOPLE RECEIVE COUPONS? ●Emails that direct you to websites ●Mail ●Phone apps ●In-store or at events/bars When coupons are redeemed, retailers are reimbursed by tobacco companies. WHAT HAPPENS AT THE RETAIL LEVEL? •Tobacco companies work with retailers to offer specials in-store. •Examples: •Buy-one-get-one free or multipack discounts •Cents-or dollar-off promotions 27 3/5/2025 10 •MN young adult nonsmokers who receive tobacco coupons are twice as likely to become smokers. Sources: Choi & Forster (2014). Frequency and Characteristics Associated with Exposure to Tobacco Direct Mail Marketing and Its Prospective Effect on Smoking Behaviors among Young Adults from the US Midwest. American Journal of Public Health; 104(11), 2179-2183. White, et al. (2006). Cigarette promotional offers: Who takes advantage? Am J Prev Med; 30(3):225– 231. ARE COUPONS EFFECTIVE? •A third of adult smokers use tobacco coupons or discounts every time they see one. HOW DO DISCOUNTS IMPACT USE? ●Coupons help young smokers become addicted and keep heavy smokers addicted ●Coupons undermine current users of cigarettes quit attempts Sources: 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 Young Adults. 28 3/5/2025 11 HOW DO DISCOUNTS IMPACT USE? ●Raising the price of commercial tobacco products is one of the most effective strategies for decreasing use, helping people quit, and preventing youth from starting to use commercial tobacco. Sources: 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 Young Adults. HOW DO DISCOUNTS IMPACT USE? ●Increasing excise taxes has long been the primary way to raise tobacco prices, but many local jurisdictions do not have the authority to enact additional tax increases, and coupons and discounts undermine the impact of such taxes. Sources: 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 Young Adults. 29 3/5/2025 12 HOW DO DISCOUNTS IMPACT USE? ●For every 10% increase in the price of cigarettes, adult smoking decreases by 3-5% and youth smoking decreases by 6-7% Sources: 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 Young Adults. WHAT ABOUT PRICE? ●Minimum prices should be set high enough to discourage youth and others who have never used tobacco or nicotine from starting and to encourage people who currently use commercial tobacco to reduce their use or quit.⁵ Sources: 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 Young Adults. 30 3/5/2025 13 Capping the number of tobacco licenses Cap the number of commercial tobacco licenses at zero through attrition 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. 31 3/5/2025 14 »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. »Arden Hills: Capped their licenses at six (6) and zero (0) tobacco products shops. Capping: What have other cities done? Increasing Penalties for Retailers Going beyond state minimums for fines and license suspensions for repeated violations 32 3/5/2025 15 MN Statute Updates: Penalties MN State Minimum: 1st Violation: $300 2nd Violation within 36mo:$600 3rd Violation within 36mo: $1000+ 7 day min. suspension SAV Proposed: 1st Violation:$1000 2nd Violation within 36mo: $2000 + 3 day suspension 3rd Violation within 36mo: $2000+ 7 day min. suspension 4th Violation within 36mo: Mandatory revocation Why address commercial tobacco locally? ●In Minnesota cities lead, the state follows: T21, Clean Indoor Air. ●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. 33 3/5/2025 16 Thank you for your leadership! Emily M. Anderson, MA Association for Nonsmokers-MN Emily@ansrmn.org 651-646-3005 34 TOBACCO INDUSTRY TARGETING 2X MN young adult nonsmokers who receive tobacco coupons are twice as likely to become smokers. About 50 percent of MN smokers have used tobacco coupons or promotions in the past year to save money on cigarettes. A third of adult smokers use tobacco coupons or discounts every time they see one. THE FACTS ARE . . . Tobacco companies spent $8.7 BILLION in 2022 to reduce the price of cigarettes and smokeless tobacco for consumers. COUPONS HINDER SMOKERS’ ATTEMPTS TO QUIT. Minnesota adult smokers who redeemed cigarette coupons were much less likely to quit smoking than those who didn’t use coupons. DON’T DISCOUNT KEEPING TOBACCO PRICES HIGH IS THE MOST EFFECTIVE WAY TO HELP PEOPLE QUIT & PREVENT YOUNG PEOPLE FROM STARTING TO USE TOBACCO. When prices are higher, tobacco use decreases, especially among youth and low-income smokers. Tobacco companies use coupons and retail promotions to lower the price of products. Price promotions are so targeted to smokers, they are nearly invisible to the general public and allow the tobacco industry to avoid regulations. MY LIFE 35 DEATH AT A DISCOUNT Tobacco companies send coupons in birthday cards, pass them out at events and bars, promote them inside stores, and send emails and text alerts through their smartphone apps. This customer only paid $2 for two packs of American Spirit cigarettes. Without the coupon, the customer would have paid $19.98. DISCOUNTED TOBACCO ONLY BENEFITS THE TOBACCO INDUSTRY. Tobacco coupons and discounts make it more likely young people will become addicted to tobacco and less likely current smokers will be able to quit. Young and low income smokers are more likely to use tobacco coupons or promotions. TAKE ACTION! WE CAN STOP THE TOBACCO INDUSTRY FROM TARGETING OUR COMMUNITIES WITH CHEAP TOBACCO. Cities CAN and SHOULD prevent the redemption of tobacco coupons to help people quit smoking and prevent people from starting. www.DontDiscountMyLife.org Association for Nonsmokers-Minnesota 2395 University Ave. W, Suite 310, Saint Paul MN 55114 References available at: DontDiscountMyLife.org (December 2018) THE TOBACCO INDUSTRY USES COUPONS TO KEEP PRICES LOW. 36 Key Citations for Price Discounting and Minimum Price • Keeping tobacco prices high is the most effective way to help people quit and prevent young people from starting to use tobacco. (1, 2) • When prices are higher, tobacco use decreases, especially among youth and low-income smokers. (3, 4) • Tobacco coupons and discounts make it more likely young people will smoke and less likely current smokers will quit. (7, 8, 11) • Young adults, women, and African Americans are more likely to use tobacco coupons or promotions. (8, 9) • The tobacco industry uses coupons to keep prices low. (12, 13) • Tobacco companies spent $ 8.7 BILLION in 2022 to reduce the price of cigarettes, smokeless tobacco, and e-cigarettes for consumers. (12) 1. U.S. Department of Health and Human Services (2014). The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2. Institute of Medicine (1998). Taking Action to Reduce Tobacco Use. Washington, D.C.: National Academies Press. 3. Levy, Chaloupka & Gitchell (2004). The effects of tobacco control policies on smoking rates: a tobacco control scorecard. J Public Health Manag Pract; 10(4):338-53. 4. Chaloupka, Yurekli & Fong (2012). Tobacco taxes as a tobacco control strategy. Tobacco Control; 21:172-180 7. Choi & Forster (2014). Frequency and Characteristics Associated with Exposure to Tobacco Direct Mail Marketing and Its Prospective Effect on Smoking Behaviors among Young Adults from the US Midwest. American Journal of Public Health; 104(11), 2179-2183. 8. Choi, et al. (2013). Receipt and redemption of cigarette coupons, perceptions of cigarette companies and smoking cessation. Tobacco Control; 22(6): 418-22 9. White, et al. (2006). Cigarette promotional offers: Who takes advantage? Am J Prev Med; 30(3):225–231. 11. Slater, et al. (2007). The impact of retail cigarette marketing practices on youth smoking uptake. Archives of Pediatrics & Adolescent Medicine; 161(5):440-45. 12. U.S. Federal Trade Commission (FTC). Cigarette Report for 2022. U.S. Federal Trade Commission; 2023. 13. Chaloupka, et al. (2002). Tax, price and cigarette smoking: evidence from the tobacco documents and implications for tobacco company marketing strategies. Tobacco Control; 11(suppl 1): i62-i72. A full list of citations can be found at: https://dontdiscountmylife.org/wp-content/uploads/2019/01/Price-Discouting-Fact-Sheet-Citations.pdf 37 $15 MINIMUM PRICE ON CIGARETTES AND SMOKELESS TOBACCO The tobacco industry knows that cheap prices attract new customers and keep current customers coming back for more. The industry spends around 70-80% of their annual marketing and advertising budget on price discounts for consumers.¹ Raising the price of commercial tobacco products is one of the most effective strategies for decreasing use, helping people quit, and preventing youth from starting to use commercial tobacco. Increasing excise taxes has long been the primary way to raise tobacco prices, but many local jurisdictions do not have the authority to enact additional tax increases, and coupons and discounts undermine the impact of such taxes.² Additional pricing policies can complement excise tax increases and counteract industry practices that keep prices low.² Minimum pricing is one piece of the puzzle. Strong commercial tobacco pricing policies are made up of three parts: Set a minimum price for tobacco products Set a minimum pack size Prohibit redemption of coupons, discounts and price promotions When cigarette prices rise, people tend to smoke less or quit.³ For every 10%increase in the price of cigarettes, adult smoking decreases by 3-5% and youth smoking decreases by 6-7%⁴ Minimum prices should be set high enough to discourage youth and others who have never used tobacco or nicotine from starting and to encourage people who currently use commercial tobacco to reduce their use or quit.⁵ 38 $15 MINIMUM PRICE ON CIGARETTES AND SMOKELESS TOBACCO Why $15 and not $10, like St. Paul? Cigarettes are often cheaper and certain brands are more heavily discounted in low- income communities and neighborhoods with greater populations of school-age youth and Black residents.⁶ As a result, these groups are more likely to use commercial tobacco and experience disproportionate rates of tobacco-related death and disease. Strong minimum prices can prevent price manipulation based on geographic area or brand.⁶ The industry would no longer be able to lower prices in specific communities, which would reduce industry targeting and income-based disparities in smoking rates. Low-income individuals who smoke may face greater barriers to quitting, and increased prices may contribute to their financial hardship if they are unable to quit. Communities implementing minimum price policies must ensure that quit resources are widely accessible.⁷ Many commercial tobacco products in Minneapolis are already priced higher than $10 per pack or can. According to a summer 2023 assessment of a sample of Minneapolis tobacco retailers: 53% did not sell any cigarettes for less than $10/pack did not sell any chewing tobacco for less than $10/can. 45% Minneapolis already has a $2.60 minimum price per cigar, which is $13 when multiplied to a pack of 5. A $15 minimum price on cigarettes and smokeless tobacco has the potential to reduce availability, prevent youth initiation, and protect residents from industry targeting. Created with funding from a Commercial Tobacco-Free Communities grant from the Minnesota Department of Health. Learn more at www.DontDiscountMyLife.org (March 2024) Sources: 1. Federal Trade Commission Cigarette Report for 2021. Issued 2023. 2. POINT-OF-SALE TOBACCO PRICING POLICIES Equity, Public Health, and Legal Considerations; Change Lab Solutions. 3. Bader P, Boisclair D, Ferrence R. Effects of tobacco taxation and pricing on smoking behavior in high risk populations: a knowledge synthesis. Int J Environ Res Public Health. 2011 Nov;8(11):4118-39. doi: 10.3390/ijerph8114118. 4. Centers for Disease Control and Prevention, Office of Policy, Performance, and Evaluation 5. Bhatnagar A et al. Electronic cigarettes: a policy statement from the American Heart Association. Circulation. 2014;130:1418- 1436. 6. Henriksen L et al. Neighborhood variation in the price of cheap tobacco products in California: results from health stores for a healthy community. Nicotine & Tobacco Res. 2017;19(11),1330-1337. doi:10.1093/ntr/ntx089; Khan T et al. Cigarette Pricing Is Lowest in Black Neighborhoods: 2010-12. A Tobacconomics Research Brief. Chicago: Tobacconomics, Health Policy Center, Institute for Health Research and Policy, University of Illinois at Chicago; 2015. 7. Menthol Coalition Factsheet on Culturally Specific Cessation for African American Community (ANSR, 2024). 39 $15 Minimum Price Key Points ● Raising the price of tobacco products is one of the most effective strategies for reducing initiation of tobacco use, decreasing tobacco consumption, and increasing cessation of tobacco use. ● However, the tobacco industry knows that cheap prices help to lure new users and keep current users hooked, so they spend billions of dollars each year on price discounts and coupons to reduce prices.1 ● Price discounts are the tobacco industry’s single largest marketing expenditure – typically 70–80% of their spending on marketing and advertising.2 ● Although increasing excise taxes has long been the primary way to raise tobacco prices, many local jurisdictions do not have the legal authority to enact additional tobacco taxes, and the deep discounts and coupons offered by tobacco companies can diminish the impact of such taxes.3 ● Additional pricing policies can complement excise tax increases and counteract pernicious industry practices that keep prices low.4 ● The price of cigarettes is significantly related to their consumption: when cigarette prices rise, people tend to smoke less or quit. The availability of cheap tobacco products increases rates of tobacco use, particularly among young adults, who tend to be price-sensitive. 5 ● Research suggests that for every 10% increase in the price of cigarettes, adult smoking decreases by 3–5% and youth smoking decreases by 6–7%;6 some studies find even greater reductions. ● Studies show that when tobacco companies lower tobacco product prices in the face of rising taxes, more people tend to purchase cigarettes, especially the young and new users. 7 7 According to a 1994 U.S. Surgeon General's report, the use of price promotions makes cigarettes appear more affordable to smokers with limited economic resources, including children. Evidence suggests that price promotions also encourage new smokers to smoke more often, thereby entrenching their habit. U.S. DEP’T OF HEALTH & HUMAN SERVICES, PREVENTING TOBACCO USE AMONG YOUNG PEOPLE: A REPORT OF THE SURGEON GENERAL (1994), available at http://www.cdc.gov/tobacco/data_statistics/sgr/1994/index.htm. 6 Centers for Disease Control and Prevention, Office of Policy, Performance, and Evaluation 5 Bader P, Boisclair D, Ferrence R. Effects of tobacco taxation and pricing on smoking behavior in high risk populations: a knowledge synthesis. Int J Environ Res Public Health. 2011 Nov;8(11):4118-39. doi: 10.3390/ijerph8114118. Epub 2011 Oct 26. PMID: 22163198; PMCID: PMC3228562. 4 Ibid. 3 POINT-OF-SALE TOBACCO PRICING POLICIES Equity, Public Health, and Legal Considerations; Change Lab Solutions. 2 Federal Trade Commission Cigarette Report for 2021. Issued 2023. 1 Federal Trade Commission Cigarette Report for 2016. www.ftc.gov/system/files/documents/reports/federal-trade-commission-cigarette-report-2016-federaltrade-commissi on-smokeless-tobacco-report/ftc_cigarette_report_for_2016_0.pdf. Published 2018; Federal Trade Commission Smokeless Tobacco Report for 2016. www.ftc.gov/system/files/documents/reports/federal-trade-commission-cigarette-report-2016-federal-trade-commissi on-smokeless-tobaccoreport/ftc_smokeless_tobacco_report_for_2016_0.pdf. Published 2018. 40 ● The tobacco industry spends the largest share of its annual marketing budget on price discounts. Minimum price laws have the potential to counteract the tobacco industry’s price manipulation strategies, especially if they are paired with couponing/promotions prohibitions. ● The tobacco industry uses a variety of innovative pricing strategies to discourage current tobacco users from quitting, to entice new customers to purchase their products, and to reduce the effectiveness of tobacco tax increases. ● These strategies include popular discounting schemes, such as cents- or dollar-off promotions, multi-pack offers (e.g., two-for-one deals), and other price-related incentives (e.g., buy-some-get-some-free offers). Many of these retail value-added promotions are advertised and used at the point of sale or made available through coupons. ● The tobacco industry uses sophisticated research to apply these strategies to specific products in particular geographic locations, and to target certain groups of people. ● Given the tobacco industry’s extensive use of price discounting schemes and strong evidence that price has a significant impact on overall tobacco use and youth initiation, a growing number of state and local communities are considering pricing policies, in addition to taxation, as part of comprehensive tobacco control programs.8 ● Although some pricing strategies are relatively untested, states and many localities have broad legal authority to regulate the sale and distribution of tobacco products in their jurisdictions. If regulations are carefully drafted to focus on tobacco product pricing, retailer conduct at the point of sale, and transactions within a specific jurisdiction, these pricing laws are likely to be upheld, even if they are challenged by the tobacco industry.9 ● It is estimated that if price-discounting schemes were banned across the U.S., the number of current established smokers would decrease by more than 13%.10 ● A smoking decrease due to discounting bans could help reduce tobacco use in populations that are heavily targeted by tobacco companies. For example, African Americans are more likely to take advantage of pricing discounts and multi-pack offers than other racial and ethnic groups, regardless of income. 11 ● Additionally, price promotions for menthol cigarettes are more prevalent in neighborhoods with higher concentrations of African American youth.12 ● Most minimum price laws currently in place are ineffective for tobacco control because they allow for tobacco industry discounts. These discounts can actually lead to a lower minimum price. 12 Ibid. 11 Henriksen L. Comprehensive tobacco marketing restrictions: promotion, packaging, price and place. Tob Control. 2012 Mar;21(2):147-53. doi: 10.1136/tobaccocontrol-2011-050416. PMID: 22345238; PMCID: PMC4256379. 10 Marynak KL, Xu X, Wang X, Holmes CB, Tynan MA, Pechacek T. Estimating the Impact of Raising Prices and Eliminating Discounts on Cigarette Smoking Prevalence in the United States. Public Health Rep. 2016 Jul-Aug;131(4):536-43. doi: 10.1177/0033354916662211. PMID: 27453597; PMCID: PMC4937114.```````````````` 9 Policy Approaches to Restricting Tobacco Product Coupons and Retail Value-Added Promotions, Tobacco Control Legal Consortium, 2013 8 Death on a Discount: Regulating Tobacco Product Pricing, Tobacco Control Legal Consortium, 2015. Association for Nonsmokers- MN www.ansrmn.org 41 For minimum price laws to be effective, they should expressly exclude trade discounts when calculating minimum price.13 ● Minimum prices can also be set at much higher specific amounts and can be tied to inflation. ● Price discounting is targeted at communities disproportionately impacted by the harms of tobacco: African Americans, LGBTQ individuals, women, youth, and low-income populations. ● Because of the harms caused by tobacco products, these communities experience tobacco-related illnesses at greater rates. o “Tobacco use is a major contributor to the three leading causes of death among African Americans - heart disease, cancer, and stroke.”14 o “Lower-income populations have less access to health care, making it more likely that they are diagnosed at later stages of diseases and conditions.”15 o “LGBT individuals are less likely to have health insurance than straight individuals, which may negatively affect health as well as access to cessation treatments, including counseling and medication.”16 ● Keeping tobacco prices low means people of color and low-income communities will continue to experience health disparities and inequities. No one benefits from cheap tobacco. ● Jurisdictions should set minimum prices high enough to discourage youth and others who have never used tobacco or nicotine from initiating use and to encourage current tobacco users to reduce their use or quit entirely.17 ● A strong MFPL should also prohibit price discounts and promotions (eg, buy one, get one free; multi-pack discounts; and other retail value-added offers) as well as redemption of coupons for tobacco products.18 ● These provisions further strengthen the policy by preventing discounts on more expensive products and products that may not be subject to a minimum floor price (eg, electronic smoking devices). implementing the two strategies together prevents the tobacco industry from undermining the policy by lowering the retail price of a product to compensate for the lack of discounts.19 19 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease 18 McLaughlin I, Pearson A, Laird-Metke E, Ribisl K. Reducing tobacco use and access through strengthened minimum price laws. Am J Public Health. 2014;104 (10),1844-1850. doi:10.2105/AJPH. 2014.302069. 17 Bhatnagar A, Whitsel LP, Ribisl KM, Bullen C, Chaloupka F, Piano MR, Robertson RM, McAuley T, Goff D, Benowitz N, on behalf of the American Heart Association Advocacy Coordinating Committee, Council on Cardiovascular and Stroke Nursing, Council on Clinical Cardiology, and Council on Quality of Care and Outcomes Research. Electronic cigarettes: a policy statement from the American Heart Association. Circulation. 2014;130:1418-1436. 16 CDC (2019). Lesbian, Gay, Bisexual, and Transgender Persons and Tobacco Use. 15 CDC (2019). Cigarette Smoking and Tobacco Use Among People of Low Socioeconomic Status. 14 CDC (2019). African Americans and Tobacco Use 13 Apollonio DE, Glantz S. Tobacco manufacturer lobbying to undercut minimum price laws: an analysis of internal industry documents. Tob Control. 2020 Dec;29(e1):e10-e17. doi: 10.1136/tobaccocontrol-2019-055354. Epub 2020 Jan 22. PMID: 31969381; PMCID: PMC7374022. Association for Nonsmokers- MN www.ansrmn.org 42 ● Strong MFPLs can prevent price manipulation by geographic area or by brand, thereby reducing tobacco industry targeting of people of color and other underserved communities. For example, cigarettes are often cheaper in low-income communities, communities with greater populations of African American residents, and communities with more school-age youth.20 ● Studies show that menthol cigarettes, little cigars, and cigarillos in particular are less expensive and more frequently discounted in African American neighborhoods.21 ● Similarly, little cigars and cigarillos often cost less in communities with more young adults.22 ● Establishing minimum floor prices for each type of tobacco product across a jurisdiction can prevent much of this predatory targeting. ● REDUCE INCOME-BASED DISPARITIES IN SMOKING RATES. Smoking rates among low-income populations are significantly higher than among those with higher incomes,23 in large part due to the tobacco industry’s targeted marketing and discounting practices in low income communities. ● Beyond offering steeper discounts in low-income neighborhoods, tobacco companies have historically exploited other channels to target these populations – for example, distributing coupons for cigarettes in the same envelope with SNAP benefits (formerly known as food stamps).24 ● Moreover, MFPLs may produce disproportionate benefits for low-income populations; research shows that low-income individuals are more likely to smoke the discount brands most affected by such policies.25 ● In fact, some models indicate that MFPLs would reduce cigarette consumption by up to 67% more than a comparable tax increase and that the greatest reductions in consumption would occur among low-income populations.26 ● It is important to keep in mind, however, that low-income individuals who smoke may face greater barriers to quitting and that the increased cost of tobacco products may contribute disproportionately to their financial hardship if they are unable to do so. Communities 26 Golden SD, Farrelly MC, Luke DA, Ribisl KM. Comparing projected impacts of cigarette floor price and excise tax policies on socioeconomic disparities in smoking. Tobacco Control. 2016;25(Suppl 1):i60-i66. doi:10.1136/tobaccocontrol-2016-053230. 25 Cornelius ME, Driezen P, Fong GT, et al. Trends in the use of premium and discount cigarette brands: findings from the ITC US Surveys (2002–2011). Tobacco Control. 2014;23:i48-i53. 24 Brown-Johnson CG, England LJ, Glantz SA, Ling PM. Tobacco industry marketing to low socio-economic status women in the USA. Tobacco Control. 2014;23(0):e139-e146. doi:10.1136/tobaccocontrol-2013-051224. 23 Jamal A, Phillips E, Gentzke AS, et al. Current cigarette smoking among adults – United States, 2016. Morb Mortal Wkly Rep. 2018;67:53-59. doi:10.15585/ mmwr.mm6702a1. 22 Cantrell J, Kreslake JM, Ganz O, et al. Marketing little cigars and cigarillos: advertising, price, and associations with neighborhood demographics. Am J Public Health. 2013;103(10):1902-1909. doi:10.2105/AJPH.2013.301362. 21 Henriksen L, Schleicher NC, Dauphinee AL, Fortmann SP. Targeted advertising, promotion, and price for menthol cigarettes in California high school neighborhoods. Nicotine & Tobacco Res. 2012;14(1),1116-1121. doi:10.1093/ntr/ntr122. 20 Henriksen L, Andersen-Rodgers E, Zhang X, et al. Neighborhood variation in the price of cheap tobacco products in California: results from health stores for a healthy community. Nicotine & Tobacco Res. 2017;19(11),1330-1337. doi:10.1093/ntr/ntx089; Khan T, Resnick EA, Liu Y, Barker DC, Chaloupka FJ. Cigarette Pricing Is Lowest in Black Neighborhoods: 2010-12. A Tobacconomics Research Brief. Chicago: Tobacconomics, Health Policy Center, Institute for Health Research and Policy, University of Illinois at Chicago; 2015. Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2012. Association for Nonsmokers- MN www.ansrmn.org 43 implementing a MFPL or other policies that increase the cost of tobacco products should also increase the availability of cessation interventions and conduct targeted outreach to low-income communities to ensure that they are aware of and able to access available resources. 27 Why $15? Why not $10, like St. Paul $10 per pack/can is lower than the current retail price of many products in Minneapolis. An assessment in the summer of 2023 of a sample of Minneapolis tobacco retailers found that the majority (63%) did not sell any cigarettes for less than $10/pack. Similarly, the same assessment found that 45% of retailers didn’t sell any chewing tobacco for less than $10/can. Additionally, Minneapolis already has a Saint Paul, which has a minimum price of $2.60 per cigar multiplied up to a pack of 5 ($13). 27 Menthol Coalition Factsheet on Culturally Specific Cessation for African American Community (ANSR, 2024). Association for Nonsmokers- MN www.ansrmn.org 44 ORDINANCE 2025-01 CITY OF SAINT ANTHONY HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REGULATING THE SALE OF TOBACCO AND RELATED DEVICES AND PRODUCTS § 115.001 PURPOSE. (A) This subchapter is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke. (B) The city further recognizes the public health hazards of exposure of individuals to secondhand smoke. This subchapter is intended to regulate the sale, possession, and use of tobacco, tobacco products, tobacco-related devices, and electronic delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco related devices, and electronic delivery devices, to protect individuals from the hazards of secondhand smoke, and to further the official public policy of the state as stated in M.S. § 144.391 and M.S. § 144.412, as they may be amended from time to time. (Prior Code, § 111.045) § 115.002 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CANNABIS or MARIJUANA. Includes “cannabis flower,” “cannabis products,” “lower-potency hemp edibles,” and “hemp-derived consumer products” and shall have the definitions given to them in M.S. § 342.01, as it may be amended from time to time. CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in 16 C.F.R. § 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in 16 C.F.R. § 1700.20, as in effect on January 1, 2015. CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in M.S. § 297F.01, Subd. 3, as may be amended from time to time. 45 COMPLIANCE CHECKS. The process the city uses to investigate and ensure that those authorized to sell licensed products are complying with the requirements of this subchapter. COMPLIANCE CHECKS shall involve persons under the age of 21 who are authorized by this subchapter, state, and federal regulations and who purchase or attempt to purchase licensed products for educational, research, and training purposes, and for the enforcement of the aforementioned city, state, and federal regulations pertaining to licensed products. ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE does not include any product that has been approved or certified by the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products include, but are not limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered INDIVIDUALLY PACKAGED. INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A standard window screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall. LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. LOOSIES. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a truck, van, kiosk, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any product that has been approved or otherwise certified for legal sale by the U.S. Food and Drug Administration as a tobacco- 46 cessation product, a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. PLACE OF EMPLOYMENT. Any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. PLACE OF EMPLOYMENT includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A PLACE OF EMPLOYMENT also includes, but is not limited to: public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are PLACES OF EMPLOYMENT during hours of operation if more than one person is present. An area in which work is performed in a private residence is a PLACE OF EMPLOYMENT during hours of operation if: (1) The homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or (2) The homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner’s trade or business. PUBLIC MEETING. All meetings open to the public pursuant to M.S. § 13D.01, as it may be amended from time to time. PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited to, restaurants; banks; bars; any other food or liquor establishment; hotels and motels; reception areas; retail establishments and other commercial establishments; shopping malls; educational facilities; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms; government buildings; and common areas of rental apartment buildings. PUBLIC PLACE, OUTDOOR. All city and county parks; parking lots adjacent to such parks; trails with in city parks; on the main city campus, including City Hall and fire station; on other city-owned property, including the public works maintenance facility; and adjacent parking lots to each of these facilities. RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENTS include, but are not limited to, grocery stores, tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants. SALE. Any transfer of goods for money, trade, barter, or other consideration. 47 SELF-SERVICE MERCHANDISING. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee. SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, cannabis, hemp, or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING also includes carrying or using an activated electronic delivery device. TOBACCO or TOBACCO PRODUCTS. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO does not include any product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. TOBACCO-RELATED DEVICES. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE includes components of tobacco-related devices or tobacco products, which may be marketed or sold separately. TOBACCO-RELATED DEVICES may or may not contain tobacco. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product. (Prior Code, § 111.046) (Ord. 2011-01, passed 4-26-2011; Ord. 2023-06, passed 11-28-2023) § 115.003 LICENSE REQUIRED. (A) Generally. No person may, directly or indirectly, or by means of any device keep for retail sale, sell at retail, offer to sell, or otherwise dispose of any licensed products at any place in the city unless a license has first been issued by the City Council as provided in this section. (B) Specifically. (1) Application. An application for a license to sell licensed products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses, and telephone numbers, the name of the Commented [WA1]: If the city is issuing no new licenses, then there is not a need for an application or action on an application. 48 business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the City Clerk will forward the application to the City Council for action at its next regularly scheduled meeting. If the City Clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete. (2) Action. The City Council may either approve or deny the license, or it may delay action for any reasonable period of time as necessary to complete any investigation of the application or the applicant that it deems necessary. If the City Council approves the application, the Licensing Clerk shall issue the license to the applicant. If the City Council denies the application, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision. (3) Term. All licenses issued under this subchapter shall be valid for one calendar year from the date of March 15. (4) Revocation or suspension. Any license issued under this subchapter may be revoked or suspended as provided in § 115.012. (5) Transfers. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. (6) Maximum number of licenses. The maximum number of licenses issued by the city at any time is limited to zero. The city will not issue any new licenses for the sale of licensed products after January 15, 2025. The city will only renew existing licenses to license holders that were issued prior to January 15, 2025 and have applied for renewal by March 15 of each year. Eligible parties will lose the existing license if they fail to renew it annually or if the license is revoked for any reason. (67) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this subchapter. (78) Display. All licenses shall be posted and displayed at all times in plain view of the general public on the licensed premises. (89) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. The license holder is not entitled to an automatic renewal of the license. (Prior Code, § 111.047) § 115.004 FEE. If an application is granted by the City Council, a license will be issued by the Licensing Clerk upon payment in full of the fee required under Chapter 33. Commented [WA2]: Some jurisdictions have chosen to limit the number of licenses granted. These may be limited to the current number, a reduced number (sometimes reduced over time through attrition), and some have chosen to cap at zero with an end date for all licensing to end all sales of the products. Commented [WA3]: If the city is not issuing any new licenses, and there is no application process, then the application Fee can be deleted. 49 (Prior Code, § 111.048) § 115.005 BASIS FOR DENIAL OF LICENSE. (A) The following shall be grounds for denying the issuance or renewal of a license under this subchapter. (1) The applicant is under 21 years of age. (2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. (3) The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any of the information required on the licensing application, or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding a license. (6) Nonpayment by the property owner and/or applicant of any fees or charges owed to the city and/or county, including, but not limited to, utilities and property taxes. (B) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this subchapter. The city will provide the license holder with notice of the revocation, along with information on the right to appeal. (Prior Code, § 111.049) § 115.006 PROHIBITED SALES. (A) In general. It shall be a violation of this subchapter for any person to sell or offer to sell any licensed products: (1) By means of any type of vending machine; (2) By means of loosies as defined; (3) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other products subject to this subchapter; and/or Commented [WA4]: If the city is not issuing any new licenses, then then Basis For Denial of License can be deleted. 50 (4) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (B) Legal age. No person shall sell any licensed product to any person under the age of 21. (1) Age verification. Licensees must verify by means of government-issued photographic identification that the purchaser is at least 21 years of age. (2) Signage. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. (C) Self-service sales. No person shall allow the sale of licensed products by any self-service displays where the customer may have access to those items without having to request the item from the licensee or the licensee’s employee and where there is not a physical exchange of the licensed product from the licensee or the licensee’s employee to the customer. All licensed products must be stored behind the sales counter, in another area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling licensed products at the time this subchapter is adopted must comply with this section within 90 days of the effective date of this subchapter. (D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. (E) Cigar minimum price and package size. No person shall sell or offer to sell any cigar unless it is within a package containing a minimum of five cigars; and any package of cigars for a sales price of less than [$15.00] per package before taxes and fees. (F) Cigarette minimum price. No person may sell or offer to sell cigarette packages or cartons for a sales price of less than fifteen dollars [$15.00] per pack before taxes and fees. (G) Moist snuff minimum price and package size. No person shall sell or offer to sell moist snuff retail packages or multipacks for a sales price of less than fifteen dollars ($15.00) per 1.2-ounce package before taxes of fees. No person shall sell or offer to sell any smokeless tobacco or moist snuff for retail sale unless it is sold in a package of at least 1.2 ounces minimum package size. The price floor for packages larger than 1.2 ounces shall be computed by adding two dollars and fifty cents ($2.50) for each 0.3 ounce or any fraction thereof more than 1.2 ounces, excluding taxes and fees. (H) Snus minimum price and package size. No person shall sell or offer to sell snus for a sales price of less than fifteen dollars ($15.00) per 0.32 ounce package before taxes and fees. No person shall sell or offer to sell any snus unless it is sold in a package of at least Commented [WA5]: This policy option requires that all cigars be sold in a minimum pack size and that each pack be sold for a minimum price based on the number of cigars in the package. For more information, see “Setting a Minimum Price and Package Size for Cigars” in the Public Health Law Center’s Minnesota Commercial Tobacco Point-of-Sale Toolkit. 51 0.32 ounces minimum pack size. The price floor for packages larger than 0.32 ounces shall be computed by adding two dollars and fifty cents ($2.50) for each 0.08 ounce or any fraction thereof more than 0.32 ounces excluding taxes and fees. In addition, no person shall sell or offer to sell a package of loose tobacco for three (3) ounces or less, prior to applicable sales taxes being imposed, of less than five dollars ($5.00) nor a package of loose tobacco greater than three (3) ounces, prior to taxes being imposed, of less than fifteen dollars ($15.00). (I) Electronic delivery device minimum price. No person shall sell or offer to sell any electronic delivery device at a price that is less than [ $20.00] per device, excluding taxes or fees. This price is applicable to any type of electronic delivery device and applies per unit even if sold together. (J) Price adjustment. The licensing official may annually modify by rule the minimum prices described in this section to account for changes in the Saint Anthony Village consumer price index, adjusted for inflation. (K) Coupon and price promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any license products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or an any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, excluding all applicable taxes and fees. (Prior Code, § 111.050) Penalty, see § 115.999 § 115.007 RESPONSIBILITY. All licensees under this subchapter shall be responsible for the actions of their employees in regard to the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the license holder. Nothing in this subchapter shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or other applicable law or regulation. (Prior Code, § 111.052) § 115.008 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least twice per year, the city will conduct compliance checks. In accordance with state law, the city will conduct at least one compliance check that involves the participation of two persons: one person between the ages of 15 and 17 and one person between the ages of 18 and 20; at least one compliance check that involves the participation of a person between the ages of 15 and 17; and at least one compliance check that involves the participation of a person between Commented [WA6]: This is the language in the Minneapolis ordinance and what was suggested for St. Paul. Both NYC and Chicago have a mechanism for minimum price adjustment within their minimum pricing laws. This language is adapted from NYC’s ordinance. (NYC Code § 17-176.1(b) (9)) The CPI region for St. Paul is called the Minneapolis-St. Paul-Bloomington by the United States Board of Labor Statistics. https://www.bls.gov/regions/midwest/news-release/consumerpriceindex_minneapolis.htm. By way of background information, as stated by the Bureau of Labor Statistics on its website, “The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Minneapolis is published bi-monthly. The set of components and sub-aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local-area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Minneapolis-St. Paul-Bloomington, MN-WI Core Based Statistical Area includes Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Le Sueur, Mille Lacs, Ramsey, Scott, Sherburne, Sibley, Washington, and Wright Counties in Minnesota and Pierce and St. Croix Counties in Wisconsin.” Commented [WA7]: The price of tobacco products directly affects the consumption levels, particularly among price-sensitive consumers, including youth, young adults, and those with limited financial means. The commercial tobacco industry uses innovative pricing strategies to entice new customers to purchase their products, to discourage current users from quitting, and to reduce the effectiveness of tobacco tax increases in decreasing tobacco sales and increasing users’ quit attempts. These pricing strategies include “buy-one-get one” coupons, cents, or dollar off promotions, and multi pack offers, which are often marketed and redeemed at the point-of-sale. Jurisdictions can prohibit the redemption of these price discounts to negate the sophisticate discounting strategies of the commercial tobacco industry. Several jurisdictions in Minnesota have adopted this provision to keep the price of licensed products high to discourage availability to youth. For more information, here is a publication by the Public Health Law Center, “Death on a Discount.” Commented [WA8]: Deleting to align with state law and the passage of T21. 52 the ages of 18 and 20 to enter licensed premises to attempt to purchase licensed products. Prior written consent is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. No person used in compliance checks shall attempt to use a false identification misrepresenting the person’s age, and all persons lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee or the licensee’s employee and shall produce any identification, if any exists, for which the person is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. (Prior Code, § 111.053) Penalty, see § 115.999 § 115.009 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts are an administrative violation of this subchapter. (A) Prohibited furnishing or procurement. It is a violation of this subchapter for any person 21 years of age or older to purchase or otherwise obtain any licensed product on behalf of a person under the age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to coerce a person under the age of 21 to purchase or attempt to purchase any licensed product. (B) Use of false identification. It is a violation of this subchapter for any person to use any form of false identification, whether the identification is that of another person or has been modified or tampered with to represent an age older than the actual age of the person using that identification. (Prior Code, § 111.054) § 115.010 VIOLATIONS. (A) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number. (B) Hearings. (1) Upon issuance of a citation, a person accused of violating this subchapter may request in writing a hearing on the matter. Hearing requests must be made within ten business days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within ten business days of the issuance of the citation will terminate the person’s right to a hearing. 53 (2) The City Manager or designee will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten business days prior to the hearing. (C) Hearing officer. The Police Chief or designee shall serve as the hearing officer. (D) Decision. If the hearing officer determines that a violation did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds ground for not imposing any penalty, the findings shall be recorded and a copy provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in division (E) below. (E) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing. (EF) Appeals. Appeals of any decision made by the hearing officer shall be filed in the District Court having jurisdiction over the city. (G) Continued violation. Each violation, and every day on which a violation occurs or continues, shall constitute a separate offense. (FH) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this subchapter by a person 21 years of age or older. (Prior Code, § 111.055) ()§ ADMINISTRATIVE PENTALTIES. (1) Licensees. Any licensee cited for violating this ordinance, or whose employee has violated this ordinance, will be charged an administrative fine of [ $1000 ] for a first violation; [ $2000 ] for a second offense at the same licensed premises within a 36-month period and a 3-day suspension of the license; and [ $2,000 ] for a third or subsequent offense at the same location within a 36- month period and a 7-day suspension of the license. Upon a fourth violation within a 36-month period, the license will be revoked. (2) Employees of licensees and other individuals. Individuals, other than persons under the age of 21 regulated by paragraph (B)(3) of this section, who are found to be in violation of this ordinance may be charged an administrative fine of [ $50 ]. (3) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to non-criminal, non-monetary civil penalties or remedies such as tobacco-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the city determines to be appropriate. The City Council will consult with educators, parents, guardians, persons under the age of 21, public health officials, court personnel, Commented [WA9]: This provision allows for the jurisdiction to recover costs for persons requesting a hearing if the citation is upheld to discourage baseless challenges and to help the city recoup administrative costs. Commented [WA10]: This provides clarity for determining the penalties. Commented [WA11]: How would the city like to renumber here to add a new section? Commented [WA12]: State law (Minn. Stat. § 461.12 Subd. 2) sets a minimum fine schedule for underage sales and other violations of state law by licensed tobacco retailers: $300 for a first violation, $600 for a second violation within 36 months, and $1,000 for a third or subsequent violation within 36 months. Upon the third or subsequent violation within 36 months of the first violation, state law requires a suspension of at least seven days and allows for license revocation. Jurisdictions may include stronger penalties for licensee violations. The sample language provided in this model includes a longer suspension period for a third violation (30 days) and requires license revocation for repeat offenders (four violations) within 36 months. Commented [WA13R12]: Per Katie: First violation—$1,000.00 fine Second violation within 36mo.—$2,000.00 fine + 3-day suspension of the tobacco license Third violation within 36mo.—$2,000.00 fine + 7-day suspension of the tobacco license Fourth violation—Revocation of the tobacco license Commented [WA14]: State law (Minn. Stat. § 461.12 Subd. 3) permits an administrative fine of $50 for individuals or employees who sell, give, or furnish licensed products to persons under age 21. This provision allows the jurisdiction to fine an employee or individual for any violation of this ordinance, with the exception of the non-monetary, non- criminal civil penalties provided for using a false ID. Commented [WA15]: This non-monetary, non-criminal civil alternative penalty reflect state the penalty for underage persons using false ID to purchase licensed products. (Minn. Stat. § 461.12 Subd. 4) 54 and other interested parties to determine an appropriate remedy for persons under the age of 21 in the city in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time. (4) Statutory penalties. If the administrative penalty for violations against licensed retailers under Section 11(B)(1) authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail. § 115.011 EXCEPTIONS AND DEFENSES. (A) Religious, spiritual, or cultural ceremonies or practices. Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco-related devices to any person as part of a lawfully recognized religious, spiritual, or cultural ceremony. (B) Reasonable reliance. It shall be an affirmative defense to the violation of this subchapter for a person to have reasonably relied on proof of age as described by state law. (Prior Code, § 111.056) § 115.012 SMOKING PROHIBITED. Smoking is prohibited, and no person shall smoke in a public place; in a public place, outdoor as herein defined; at a public meeting; in a place of employment; or in public transportation. §115.013. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. §115.014. Effective Date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 375.51, subd. 3, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. (Prior Code, § 111.059) (Ord. 2011-01, passed 4-26-2011; Ord. 2012-01, passed 1-24-2012; Ord. 2014-02, passed 9-3-2014; Ord. 2019-09, passed 10-8-2019; Ord. 2023-06, passed 11-28-2023) Penalty, see § 115.999 Commented [WA16]: This ensures that if the state changes its penalties to exceed those of the jurisdiction, the higher of the penalty prevails. Commented [WA17]: Placeholder, Willow discuss with Katie. Commented [WA18]: A severability clause is important because it ensures that if for any reason one provision of the ordinance were to be challenged in court and struck down the remainder of the ordinance would remain in effect. Commented [WA19]: Including an effective date ensures that state law notice requirements are met and provides clarity for when the new or amended sections will go into effective. 55 NOTICE OF A PUBLIC HEARING March 11, 2025, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village City Council will hold a public hearing to solicit public response to a proposed amendment to the City’s Tobacco Ordinance, City Code Section 115. The proposed amendment considers modifications to coupons and discounts, establishes a minimum price and package size for commercial tobacco products, and modifies the penalty structure. The City Council agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 or online at savmn.com – under Public Comments for City Council Meetings – until the date of the public hearing. Questions? Questions may be directed to Ashley Morello, Assistant City Manager at 612-782-3313. Ashley Morello Assistant City Manager 56 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date 2025 March 25 Work Session Partners in Energy Energy Action Plan Review City Council City Manager Sustain. Coord. March 18 March 25 Regular Police Annual Report Public Works Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments Fire Promotions City Council City Manager Police Dept PW Director WSB March 18 April 8 Work Session City Council City Manager April 1 April 8 Regular Planning Commission Items from March Quarterly Donations & Grants Hennepin County Commissioner Irene Fernando Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Energy Action Plan Quarterly Goals Update City Council City Manager Fire Dept Sustain. Coord. April 1 April 22 Work Session Fire Department Future Staffing Needs City Council City Manager Fire Chief April 15 April 22 Regular Finance Annual Report Insurance Renewal & Tort Limits- Consent Road Improvements and Assessments- PUBLIC HEARING Villager of the Year and Business of the Year City Council City Manager Finance Director WSB April 15 May 13 Work Session City Council City Manager May 6 May 13 Regular Planning Commission items from April City Council City Manager May 6 May 27 Work Session City Council City Manager May 20 May 27 Regular City Council City Manager May 20 June 10 Work Session City Council City Manager June 3 June 10 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2026 street project City Council City Manager June 3 June 24 Work Session Discuss Initial Debt Levy/Updated Street Improvement Plan City Council City Manager Finance Director June 17 57 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date June 24 Regular City Council City Manager June 17 July 8 Work Session 2026 Initial Property Tax Levy Scenarios City Council City Manager Finance Director July 1 July 8 Regular Planning Commission items from June Quarterly Donations & Grants Audit Report Quarterly Goals Update City Council City Manager Finance Director July 1 July 22 Work Session City Council City Manager July 15 July 22 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief July 15 August 12 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager Finance Director August 5 August 12 Regular Planning Commission items from July Approve 2026 Feasibility Study and Order Plans and Specs City Council City Manager August 5 August 26 Work Session City Council City Manager City Planner August 19 August 26 Regular 2026 Proposed Budget & Levy Presentation City Council City Manager Finance Director August 19 September 9 Work Session City Council City Manager City Planner September 2 September 9 Regular Commissioner MaryJo McGuire Presentation Planning Commission items from August 2026 Preliminary Operating Budget and Debt Levy-PUBLIC HEARING Students in Leadership-Consent City Council City Manager Finance Director Engineer September 2 September 23 Work Session City Council City Manager September 16 September 23 Regular Spirit of St. Anthony Award Fire Prevention Presentation Planning Commission items from August City Council City Manager Fire Dept September 16 October 14 Work Session 2026 Long Term Capital Budget Plans City Council City Manager Finance Director October 7 October 14 Regular Preliminary Certification of Delinquent Waste Hauler Accounts- Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda Planning Commission items from September City Council City Manager October 7 58 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date October 28 Work Session 2026 Utility Rates and Budgets City Council City Manager Finance Director October 21 October 28 Regular Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director October 21 November 10 Work Session Roles and Expectations for City Commissions Discussion City Council City Manager November 3 November 10 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater-PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results Approval of CIP City Council City Manager Finance Director November 3 November 17 Work Session Commission Interviews City Council City Manager November 10 November 25 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager November 18 December 16 Work Session City Council City Manager December 9 December 16 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2025 City & HRA Budgets and Final Property Tax Levy - PUBLIC HEARING 2026 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 9 December 23 Regular (Typically Cancelled) 2026 January 13 Work Session Tobacco Ordinance Revisions City Council City Manager Code Official ANSR January 6 January 13 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants NYFS Agreement Outside Orgs-Council City Council City Manager NYFS January 6 January 27 Work Session 2026 Goals Draft City Council City Manager January 20 January 27 Regular Public Works Snow Plowing Operations presentation City Council City Manager PW Director January 20 59 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date February 10 Work Session City Council City Manager February 3 February 10 Regular Planning Commission items from January Public Hearing-2027 Budget Calendar and Process 2026 Planning Commission Work Plan- (motion only) 2026 Parks and Environmental Commission Work Plan- (motion only) Adoption of Strategic Plan City Council City Manager Finance Director February 3 March 10 Work Session City Council City Manager March 3 March 10 Regular Planning Commission Items from February Public Works Annual Report NineNorth Presentation City Council City Manager PW Director March 3 March 24 Work Session City Council City Manager March 17 March 24 Regular Police Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments City Council City Manager Police Dept WSB March 17 60