HomeMy WebLinkAbout8B-Hookah Lounges and E-Cigarettes O� PRION
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Prior Lake, MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 27, 2015
AGENDA#: 813
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF ORDINANCE AMENDMENTS RELATING
TO E-CIGARETTES AND HOOKAH LOUNGES
DISCUSSION: Introduction
Present City Code does not regulate e-cigarette or hookah lounges. At the
previous city council meeting there was extensive discussion on this topic
and the council directed the city attorney to revise the proposed ordinance
pursuant to that discussion.
History
In February last year, the City Council first discussed e-cigarettes and
hookah lounges. Then in November, the City Attorney's Office prepared a
memorandum regarding e-cigarettes and hookah lounges. The memo
indicated that there have been increasing concerns about e-cigarettes both
because there is no definitive understanding of their health impact nor are
they considered tobacco and consequently, they are unregulated. By the
same token, hookah lounges have become more popular where customers
may sample various tobacco products with little or no regulation. In some
of these lounges, police issues have arisen including illegal drugs and
interpersonal conflicts.
Following the November discussion, the City Attorney reviewed these
issues with the Community Safety Advisory Committee. As a result of that
discussion, the Committee recommended three actions: 1) add e-cigarettes
to the currently existing tobacco licensing, 2) add a prohibition against the
use of e-cigarettes in all locations where the Minnesota Clean Indoor Air
Act prohibits smoking, and 3) prohibit sampling which eliminates hookah
lounges.
At the April 13, 2015 meeting the city council discussed the Committee's
recommendation and took the following actions: 1) the council adopted the
ordinance adding a cigarettes to the city's tobacco licensing; 2) the council
elected not to take any action on the a cigarettes and the Minnesota Clean
Indoor air Act; and 3) the council directed the city attorney to revise the
ordinance which prohibited sampling to prohibit tobacco lounges but to
allow sampling and to allow a cigarettes.
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
Current Circumstances
Based on the council's direction, the proposed ordinance under
consideration creates a definition for"tobacco" which excludes a cigarettes
and prohibits "tobacco lounges". It specifically allows sampling of tobacco
(limited to "sampling a product, product instruction, or testing). It does not
address a cigarette use. If this ordinance is adopted the city code will
prohibit tobacco lounges but will allow tobacco sampling and will allow e
cigarette sampling and lounges. The ordinance, the summary ordinance
and the resolution authorizing publication of the summary ordinance are all
attached.
Conclusion
The city council should determine if it wishes to adopt the ordinance as
submitted or provide additional direction.
ISSUES: The city council has identified the issues associated with this topic.
FINANCIAL The passage of the additional prohibition will add responsibilities for the
IMPACT: police department but the added work is expected to forestall potentially
more significant issues.
ALTERNATIVES: 1. Motion and second to adopt the ordinance, summary ordinance and
resolution authorizing the publication of the summary ordinance.
2. Motion and second directing the staff and city attorney to provide
additional information or take additional action.
3. Motion and second to refrain from adopting the proposed ordinance.
RECOMMENDED Alternative#1
MOTION:
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CITY OF PRIOR LAKE
ORDINANCE NO. 115-xx
AN ORDINANCE AMENDING CITY CODE TITLE 3 BY AMENDING SUBSECTION 308.600
RELATING TO PROHIBITED ACTS.
The City Council of the City of Prior Lake, Minnesota, does hereby ordain that:
Section 1. City Code Title 3, Section 308.200 is hereby amended by inserting a definition for tobacco to read
as follows:
Tobacco: All tobacco-related products except for electronic cigarettes. Electronic cigarettes are
defined as defined as any electronic-smoking device that can be used to deliver nicotine or any other
substances to the person inhaling from the device, including but not limited to electronic cigarettes,
electronic cigars, electronic pipes or any other similar device.
Section 2. City Code Title 3, Section 308 is hereby amended by deleting Subsection 308.600 in its entirety
and replacing it with the following:
308.600: PROHIBITED ACTS.
308.601 Sales Prohibited.
(1) No person shall sell, offer for sale, give away, furnish or otherwise deliver any tobacco-
related product:
a. To any person under the age of eighteen (18);
b. By means of any type of vending machine;
c. By means of self-service merchandising or any means whereby the customer may
have access to such items without having to request the item from the license holder,
their agents or employees.All tobacco related products shall be stored behind a counter
or other area not freely accessible to customers.
d. By any other means, or to any other person, prohibited by Federal, State or other
local law, ordinance provision, or other regulation.
(2) Exception.A license holder who operates an establishment that sells only tobacco-related
products is exempt from the self-service merchandising provision if the license holder
prohibits anyone under eighteen (18) year of age from entering the establishment, unless
accompanied by a parent, and the license holder conspicuously displays a notice prohibiting
persons under eighteen (18) years of age from entering the establishment unless
accompanied by a parent.
308.602 Tobacco Lounges Prohibited. Tobacco lounges are prohibited. A tobacco lounge is an
area of a commercial establishment where tobacco is used. This prohibition does not prohibit
the sampling of tobacco in a tobacco products shop by an employee, customer or potential
customer for the limited purpose of sampling a product, product instruction, or testing. For
the purposes of this subdivision, a tobacco products shop is a retail establishment with an
entrance door opening directly to the outside that derives more than 90 percent of its gross
revenue from the sale of tobacco-related products, and which prohibit minors from entering
the premises at all times. Tobacco products shop does not include a tobacco department or
section of any individual business establishment with any type of liquor,food, or restaurant
license.
Section 8. This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27th Day of April, 2015.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the day of 2015.
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RESOLUTION 15-xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, On April 27, 2015 the City Council adopted Ordinance amending City Code Part 3, Section
308.600 relating to tobacco lounges;and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes
effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds
that the summary is an accurate representation of the Ordinance;and
WHEREAS, The City Council desires to publish a summary of the hookah and e-cigarette ordinance and has
determined the publication of a summary of this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance 115- is lengthy.
3. The text of summary of Ordinance 115- attached hereto as Exhibit A, conforms to M.S. §331A.01, Subd.
10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of
the intent and effect of the Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier
or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document
Center on the City of Prior Lake Website after
PASSED AND ADOPTED THIS 27th DAY OF APRIL 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
Exhibit A
SUMMARY ORDINANCE NO. 115-xx
CITY OF PRIOR LAKE
ORDINANCE NO. 115-XX
AN ORDINANCE AMENDING CITY CODE TITLE 3 BY AMENDING SUBSECTION
308.600 RELATING TO PROHIBITED ACTS.
The following is only a summary of Ordinance No. The full text will available
for public inspection after by any person during regular office hours at City Hall or
in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Section 308.600 of the City Code relating to the
prohibition of tobacco lounges.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27th Day of April, 2015.
ATTEST:
City Manager Mayor
Summary Ordinance to be published in the Prior Lake American on the day of 2015.
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