2022.01.03 ORD 2022-511 Amended Tobacco for T21

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ORDINANCE 2022-511 AN ORDINANCE AMENDING CHAPTER 38 — HEALTH AND HUMAN SERVICES, ARTICLE III TOBACCO, TO ALIGN WITH THE FEDERAL T21 LAWS AND MN STATE STATUTE 461.12 A new state law reinforces a federal law enacted December, 2019, raising the minimum tobacco sales age from 18 to 21. In addition, the law provides several changes in penalties related to the sale of tobacco products to people under 21 and the process by which a city enforces tobacco licensing requirements. Cities that license tobacco retailers must comply with the new law and adjust their enforcement practices accordingly. THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 38, Article III, to revise the following sections of Chapter 38 HEALTH AND HUMAN SERVICES, ARTICLE III, TOBACCO, to read as follows: Sec. 38-44. Purpose. Because the city recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products tobacco -related devices, and nicotine or lobelia delivery devices, and because studies, which the city hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 21 years and that those persons who reach the age of 21 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect persons under the age of 21 against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stats. § 144.391. Sec. 38-46. Exceptions and defenses. Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco - related devices to a person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. Sec. 38-47. Violations and penalties. (a) Criminal penalty. Any person, firm or corporation violating any of the provisions of this article shall be guilty of a misdemeanor unless otherwise noted.