HomeMy WebLinkAbout6.c. Ordinance Relating to Smoking: Adding New Section 3-9-1 to the Rosemount City CodeROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: May 21, 2013
AGENDA ITEM: Ordinance Relating to Smoking: Adding
AGENDA SECTION:
New Section 3 -9 -1 to the Rosemount City
Consent
Code
PREPARED BY: Amy Domeier, City Clerk
AGENDA NO. _
ATTACHMENTS: Draft Ordinance
APPROVED BY:
RECOMMENDED ACTION: Motion to Adopt an Ordinance Relating to Smoking; Adding
New Section 3 -9 -1 to the Rosemount City Code.
ISSUE
Staff is recommending the addition of a new section to the City Code related to smoking. The
amendment to the City Code will prohibit the inhaling or exhaling of smoke from any lighted cigar,
cigarette, pipe, or any other lighted tobacco or plant product in a "tobacco product shop" as defined in
Minn. Stat. § 144.4167, subd. 4 below:
Sections 144.414 to 144.417 do not prohibit the lighting of tobacco in a tobacco products shop by
a customer or potential customer for the specific purpose of sampling tobacco products. 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 loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices
for burning tobacco and related smoking accessories and in which the sale of other products is
merely incidental. "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.
The Minnesota Clean Indoor Air Act generally prohibits smoking in public places. There are, however,
certain exceptions such as scientific studies, traditional Native American ceremonies, private homes, etc.
One of the exceptions is for a tobacco products shop where the law allows the "lighting of tobacco... by a
customer or potential customer for the specific purpose of sampling tobacco products." Because the
statute does not provide a clear definition of what "sampling" means, hookah lounges operate with
patrons smoking throughout the evening as a social event.
Cities can adopt more stringent regulations than State law pertaining to secondhand smoke. Several metro
area cities including Falcon Heights, Golden Valley, Hopkins, Little Canada, Maplewood, Roseville, St.
Anthony, and White Bear Township have adopted ordinances that prohibit the sampling of tobacco in all
retail establishments.
Staff is asking the City Council to consider the adoption of the draft ordinance, which will prevent such an
exception to the Clean Indoor Air Act. The tobacco licensing ordinance in Rosemount was repealed in
1999 and all tobacco licensing is now handled at Dakota County. However, the City can adopt an
ordinance prohibiting sampling of tobacco in a tobacco products shop. This would close the loophole in
the Clean Air Act.
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2013 -02
ORDINANCE RELATING TO SMOKING; ADDING NEW SECTION 3 -9 -1
TO THE ROSEMOUNT CITY CODE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows:
Section 1. The Rosemount City Code is amended by adding new Section 3 -9 -1 as follows:
3 -9 -1: SMOKING:
The inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe, or any other lighted
tobacco or plant product in a tobacco products shop, as defined in Minn. Stat. § 144.4167, subd.
4, is prohibited.
Section 2. This Ordinance shall become effective the day following its passage and publication.
Adopted this 21st day of May, 2013, by the City Council of the City of Rosemount, Minnesota.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages the 16th day of May, 2013.
4013141 CLL RS215 -20