Loading...
021120 CACeR Citizen Advisory Commission Meeting City Hall, 4401 Xylon Avenue North CN�Tuesday, February 11, 2020 7 p.m. 1. Call to Order. 2. Roll Call. 3. Approval of January 14, 2020 Minutes. 4. Discuss Tobacco 21 with Gretchen Garman, Hennepin County Public Health, and Brandon Bell, Community Development Assistant. 5. Election of 2020 Officers. 6. Continue discussion of 2020 agenda topics. 7. Brainstorming — Ideas to bring attention to New Hope. 8. Update on Pool and Park projects. 9. Begin Park playground project update. 10. Other business. 11. Adjournment. If you are unable to attend the meeting, please contact Susan Rader at 763-531-5152 or srader@newhopemn.gov CITY OF NEW -HOPE - - 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 Citizen Advisory Commission January 14, 2020 Regular Meeting New Hope City Hall, 7 p.m. CALL TO ORDER Chair Bauer called the meeting to order at 7 p.m. ROLL CALL Present: Commissioners Jon Bauer, Randy Herman, Rick Riley, Bill Wills Absent: Commissioners Mike Isenberg, Mike Terres Staff Present: Susan Rader, Staff Liaison Also Present: Kathi Hemken, Mayor APPROVAL OF MINUTES Commissioner Riley made a motion to approve the minutes of the December 10, 2019 meeting. Commissioner Herman seconded the motion. Voting in favor: Commissioners Bauer, Herman, Riley, Wills. Opposed: None. Absent: Commissioners Isenberg, Terres. Motion carried. APPROVAL OF 2019 ANNUAL Commissioner Wills made a motion to approve the 2019 Annual Report REPORT as written. Commissioner Herman seconded the motion. Voting in favor: Commissioners Bauer, Herman, Riley, Wills. Opposed: None. Absent: Commissioners Isenberg, Terres. Motion carried. ELECTION OF OFFICERS It was the consensus of the commissioners to table this item until the February meeting. DISCUSS 2020 CENSUS Mayor Kathi Hemken addressed the commissioners. She reported that representatives from the census bureau had approached the city council and stated that they were seeking a complete count committee for the upcoming census. Mayor Hemken expressed concern that the state of Minnesota may have been "undercounted" in the past and encouraged participation in the 2020 census. Mayor Hemken explained that the census, which had been taken since 1800, was an important component used to determine federal funding allocations. She stated that this amounted to a distribution of approximately $675 billion to states each year for public services and facilities. She noted that census data was used to help businesses decide where to locate, and cited the location of the New Hope Hy -Vee as an example. She added that census data was also used to determine the number of districts within the state. New Hope Citizen Advisory Commission January 14, 2020 Page 1 Mayor Hemken explained that residents would receive a postcard -in mid-March, instructing them to register for the census online. Those who did not respond would receive up to two more mailings. She added that the final step would be an in-person visit from a census worker, offering their assistance in completing the form. Mayor Hemken encouraged the commissioners to talk to their neighbors, as well as others in their community, regarding participation in the census. She gave examples of reasons that some may not want to participate in the census, including concerns over immigration status or fear of eviction from housing, and commented that those were unfounded concerns. Mayor Hemken stated that the largest underreported group tended to be children ages zero to four, and stressed the importance of counting everyone in the household. She explained that roughly 95% of the population would receive the mailing, which would be addressed to the resident, rather than a generic "occupant". She also mentioned that the census would include homeless people, who would be counted by census workers. Mayor Hemken explained that only the actual census count would be made available to the public, while the data itself could not be released for 72 years. She stated that questions on the census would include the names, ages and sex of the occupants in the household. She added that the census did not ask for immigration status, social security number, bank account or credit card information, or political party affiliation. She encouraged the commissioners to be wary of fraud. Commissioner Wills wondered whether it would be feasible for the city to raise awareness of the census through Nextdoor.com. Mayor Hemken felt it was important to limit staff involvement, but thought that communication via Nextdoor.com and the city's reader boards would be a good idea. Lastly, Mayor Hemken informed the commissioners that there was a shortage of census workers. Anyone interested in working for the census should go to 2020census.gov/jobs. The commissioners thanked Mayor Hemken for her presentation. DISCUSS 2020 AGENDA Ms. Rader mentioned that the new Tobacco 21 law would be discussed at TOPICS the February meeting. Mayor Hemken commented that the federal government had not yet voted on this new law. She reported that neighboring communities had voiced their support for this legislation and encouraged the city of New Hope to support it as well. New Hope Citizen Advisory Commission January 14, 2020 Page 2 Ms. Rader reminded the commissioners that the city's parks have been tobacco -free for many years, and commented that the city had also been encouraged to disallow vaping products in the parks as well. The commissioners requested updates on Nextdoor.com and social media at the March meeting. Ms. Rader mentioned that the city had recently purchased a drone and noted that Keith Biese, Communications Coordinator, was the primary operator. She thought that he might be able to provide a brief update on its usage at the March meeting, as well. IDEAS TO BRING Mayor Hemken mentioned that an acquaintance had attended an indoor ATTENTION TO NEW HOPE farmer's market in Golden Valley, and wondered whether there would be any interest in an indoor market in New Hope. UPDATE ON POOL AND Ms. Rader reported that interior work to the bathhouse and mechanical PARK PROJECT buildings was underway, along with installation of the brick facing on the mechanical building. She added that Xcel Energy had been on site, preparing for underground drilling circuits, which would eventually connect to the transformers. Commissioner Wills thought that heated sidewalks had been installed at the entrances. He wondered if they were functional, as the city hall entrance was a bit icy. Ms. Rader replied that both the city hall and police entrances had heated sidewalks, and stated that she would look into whether or not they were functioning properly. Ms. Rader informed the commissioners that the city had hired a new Recreation Facilities Supervisor who would oversee pool operations. She added that this position would also assist with Ice Arena operations during the winter months. BEGIN PARK PLAYGROUND Ms. Rader reported that the city council had directed the city engineer to PROJECT UPDATE prepare plans and specifications. She reminded the commissioners that a neighborhood survey had been mailed in November. She stated that a few people had expressed interest in serving on the committee, and added that meetings were planned for February and March. She estimated that staff would seek council approval for the project at the end of March and would seek bids in early April. OTHER BUSINESS Commissioner Herman wondered whether any submissions had been received for the snowman contest. Ms. Rader replied that staff had received two submissions, although one was not eligible because it did not meet the residency requirement. New Hope Citizen Advisory Commission January 14, 2020 Page 3 ADJOURNMENT Commissioner Herman also inquired whether the city had received any -applications to serve on -the Citizen Advisory Commission.- ADJOURNMENT ommission. Ms. Rader replied that one application had been received thus far. She stated that she would provide the commissioners with the link to the online application. Ms. Rader announced that the annual State of the City presentation would be held on Wednesday, February 12 at 7:30 a.m. at city hall. Commissioner Riley wondered whether the Robbin Gallery was still interested in displaying artwork at city hall. Ms. Rader replied that she would check with the city clerk. Commissioner Herman made a motion to adjourn the regular meeting of the Citizen Advisory Commission. Commissioner Wills seconded the motion. All present voted in favor. Motion carried. The meeting adjourned at 7:40 p.m. Respectfully submitted, Penny Spitzer Recording Secretary New Hope Citizen Advisory Commission January 14, 2020 Page 4 CAC AGENDA ITEMS FOR 2019 AS OF 1/29/20 The following is a tentative listing of major agenda items that have either been assigned to CAC, a CAC member has asked that the item be discussed, or city staff has asked that the item be discussed by CAC. *Regular Meetings: March 10 — • Update on Nextdoor.com and city social media with Keith Beise, Communications Coordinator April 14 — No regular meeting Monday, April 20 — • Attend Council Work Session for annual dialogue May 12 — June 9 - July 14 — August 11— No meeting due to primary election September 8 — • Commissioner Bus Tour October 13 — November 10 — • Budget Update December 8 — *Note: A meeting may be cancelled if there are no agenda items. On-g_oi ng • Ideas to bring attention to New Hope • Promotion of existing City programs: In Focus, RAVE, Outstanding Business, Next Door.com Updates • Pool and Civic Center Park projects • Park Projects Possible Future Topics • Update on organized garbage collection and organics recycling • CERT & Fire Dept Update • PW Update - 2020 projects • CD Update • Update on Morris Leatherman City Survey • City Drone Use and Policy Request for Action December 16, 2019 Agenda Section Open Forum Approved by: Kirk McDonald, City Manager Item Number Originating Department: Community Development By: Brandon Bell, Community Development Assistant & Kirk McDonald, City Manager Agenda Title Discuss Potential Changes to Tobacco Regulations Requested Action At the December, 2019 City Council work session, Council requested that the Citizen Advisory Commission be presented the options for tobacco use prevention, and then give their input on the matter. Staff requests to discuss the results of this study and is requesting direction from the CAC on the recommendations it would like to give to City Council. Policy/Past Practice It is the past practice of the city to provide regulations to govern general and various activities and situations which actually or may occur or exist in the city, and which will or may affect the general welfare and safety of residents of the city; with the intention of promoting and protecting the health, safety and welfare of the citizens of the city. Background In December, 2019, the federal government raised the legal sales age of tobacco products from 18 years old to 21 years old; this includes electronic delivery devices such as vape pens. Prior to the federal legislation, 54 Minnesota cities and counties had raised the minimum age for tobacco sales from 18 years of age to 21 years, commonly known as Tobacco 21. Federal legislation was also passed that bans flavored cartridge -based e - cigarettes from being sold beginning February 6, 2020 (this does not include tobacco or menthol flavors). This does not apply to tank based systems which are typically only sold at the specialty tobacco and vape stores. In 2017, Plymouth City Council raised the minimum age for tobacco sales from 18 years of age to 21. In December, 2017, Robbinsdale City Council raised the price of single cigars to $2.60 and restricted flavored tobacco products to adult only tobacco stores (excluding menthol, mint and wintergreen). Then in March, 2019, Robbinsdale City Council voted to: raise the age of sales of nicotine and tobacco products to 21 and required all vaping and electronic delivery devices to be restricted to adult tobacco stores only. Later in November of the same year Robbinsdale City Council also dropped the sale of all tobacco products at their municipal liquor store. In October, 2019, Golden Valley City Council passed some of the strictest tobacco regulations passed by a municipality in the state yet: the legal age of nicotine and tobacco sales was raised to 21, all flavored tobacco and e -cigarettes (non -tobacco flavored) were banned, prohibition of all sales at pharmacies, prohibition of stores giving out samples, the raising of the minimum price of cigars to $3, all vaping and liquid nicotine products must have child -proof packaging, increased penalty fines and suspensions, and ordered that more compliance checks be conducted by the city which will be funded by an increase in tobacco license cost. Additionally, a cap was put on the number of tobacco licenses that will be issued from 14 down to 8, which will be met through attrition and the ban on pharmacy tobacco sales which will eliminate two licenses in 2020. C:\Users\pSpitzer\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content 0ut1ook\i-IOM013UZ\Tobacco Use Prevention - CAC Meeting RFA.docx Request for Action, Page 2 The majority of the cities in the area surrounding New Hope that have passed tobacco use prevention related ordinances have worked in conjunction with Hennepin County Public Health and the Mitchell Hamline Public Health Law Center, who provide free assistance to cities looking at the possibilities of changing their ordinances. Staff spoke to both of these agencies in regards to a possible change in New Hope tobacco ordinance. Hennepin County Public Health provided information in regards to the options cities have to strengthen their ordinances to make it more difficult for people below the age of 21 to access nicotine and tobacco products. Hennepin County Public Health and the Mitchell Hamline Public Health Law Center both also give advice on some of the best practices for enacting and enforcing these changes, and some of the policy changes that might need to accompany them. Mitchell Hamline also performed a free ordinance assessment of the city's current tobacco ordinance, and how it compares to current state and federal regulations. This information was forwarded on to the City Attorney. The city issued 21 tobacco licenses in 2019. Of those, 14 licenses are in convenience/retail, one is for a pharmacy, two are for tobacco/nicotine specialty shops and four belong to liquor stores. In 2016 Hennepin County Public Health conducted observational visits of New Hope's licensed tobacco retailers. The following are some of the findings from that report: • 48% of tobacco retailers are within 500 feet of a school or park. The rest of Hennepin County by comparison has 25% of tobacco retailers within 500 feet of a school or park. • Four of the stores visited have products located within one foot of items that are of interest to children (i.e. toys, candy, gum) and five stores had product ads within three feet of the floor, eye level to a youngster. 15 retailers sold single cigars below the minimum price as in some surrounding cities ($2.60). The cheapest sold was $0.89. This is important because teens are sensitive to price and according to the Campaign for Tobacco -Free Kids, every 10% increase in in the price of tobacco products reduces the number of youths who smoke by 6-7%. • 19 stores sold flavored non -menthol and menthol cigarettes, while five stores have exterior advertisements of menthol cigarettes, and seven of the retailers sell menthol cigarettes at a sale or special price. In Minnesota, one in three Minnesota high school smokers use menthol. According to the 2016 Minnesota Student Survey (MSS), in the Robbinsdale School District, 47% of 11th graders who reported using tobacco within the past 30 days stated they use menthol tobacco products (22% of 9th graders). • 17 stores sell e -cigarette products, with the cheapest disposable e -cigarette ranging from $5.59-$15.99. This is significant because in Minnesota nearly one in five teens now use e -cigarettes. Use among 9th to 11th graders is now more than double that of cigarette use. Since 2016, vaping in the state of Minnesota has increased in use amongst 8th graders by 95%, 9th graders by 75% and 11th graders by 54%. According to research conducted by Minnesota Department of Health, one out of every seven deaths in Hennepin County is tobacco related. The cost to the county is approximately $585.8 million a year in excess health care costs, which equates to a tax burden of $753 per household annually. One of the major reasons for considering tobacco prevention regulations, including raising the minimum age for tobacco sales to 21 years old, is that the vast majority of smokers start before the age of 21, and almost no smokers begin smoking after the age of 25. Increasing the sales age to 21 is expected to reduce use by 15-17 year olds by 25%, especially since most 15-17 year olds who use tobacco get it from older students that can legally purchase it. Request for Action, Page 3 Staff has researched the different regulations other cities in the surrounding area have enacted concerning tobacco prevention policies. The following are options that staff have found that could be taken regarding potentially changing New Hope's tobacco ordinance: 1. Make some or all of the advised changes given by the Mitchell Hamline Public Health Law Center to New Hope's current tobacco ordinance so that it is more in line with state and federal standards. 2. Raise the minimum age of tobacco and nicotine product sales to 21 years of age to reflect the new federal regulations. 3. Prohibit the sale of all flavored tobacco products in the city. 4. Prohibit the sale of all flavored tobacco products except for menthol, mint or wintergreen products in the city. 5. Ban all flavored tobacco and nicotine products from being sold in any other place except for adult only tobacco stores. Council could once again, make an exemption to menthol, wintergreen and mint in this instance too. 6. Raise the age limit of those legally allowed to sell tobacco products to 18. 7. Create a minimum price for single and small pack cigars and cigarillos. 8. Set a policy regarding set distances between retailers, and between retailers and youth -oriented facilities, like schools. 9. Restrict pharmacies, or any retail establishment with an on-site pharmacy, from being eligible for renewal of tobacco licenses. 10. Prohibit price discounting strategies by tobacco sales license holders. 11. Set a cap on the number of tobacco licenses the city issues. This could be smaller than the current number and licenses would be removed through attrition. 12. Promote higher enforcement measures on retailers and adjust license fees to reflect any additional costs incurred by the city for doing so. 13. Take no action beyond updating the City Code to reflect the new federal regulations raising the age of product sales to 21 and also banning the sale of all flavored cartridge -based e-cigarettes(other than tobacco or menthol flavors). An important note, currently the City of New Hope's licensing code penalizes persons under the age of 18 who attempt to purchase tobacco products. Possession, use and purchase (PUP) laws may be unlikely to reduce youth tobacco and nicotine use significantly according the Mitchell Hamline Public Health Law Center. Many public health groups, including Hennepin County Public Health, suggest focusing more on the retailer. PUP laws may undermine other conventional avenues of youth discipline, divert attention from more effective tobacco control strategies and relieve the tobacco industry of responsibility for its marketing practices. Some communities are concerned that PUP provisions may be enforced inconsistently with respect to youth from certain racial and ethnic groups, resulting their introduction into the criminal justice system. Therefore, many public health groups suggest focusing instead on the retailer, especially since this is a licensing code. Since the legal age of sales has been raised to 21, there is an even stronger case for these arguments, as 18-20 year olds who were previously able to legally purchase tobacco products and are now likely addicted, may continue to attempt to purchase these products in the retail setting. Request for Action, Page 4 Recommendation The City Council has requested that the Citizen Advisory Commission discuss this matter, take input from the residents and tobacco license holders, and determine what recommendations they would like to give to the City Council. Staff will then present the recommendations of the CAC to the City Council at the February 18, 2020 Council work session. Attachment • Mitchell Hamline Public Health Law Center Ordinance Assessment • Hennepin County Tobacco Retail Sales Ordinance Restrictions Map, November 2019 ■ Hennepin County Tobacco Sales Audit, 2016 • List of 2019 Tobacco Licenses G_PUBLIC-HEALTH-- LAW CENTER at Mitchell Hemline School of Law November 16, 2019 Brandon Bell Community Development Assistant City of New Hope 4401 Xylon Ave N. New Hope, MN 55428 (763) 531-5114 bbell Qn ewhopemn. goy* RE: New Hope Tobacco Retail Ordinance Analysis Dear Brandon: Thank you for reaching out to the Public Health Law Center for an assessment of the New Hope licensing code. First, I must note that the Public Health Law Center does not lobby, nor does it provide legal representation or advice. Based on our experiences with retail licensing and sales restrictions, we are able to provide our observations and other educational information for your own evaluation of these issues. This information is for educational purposes only; we do not request that a policymaker take any specific action in regard to our comments, nor should our comments be considered a replacement for legal advice. If you or the City of New Hope require a legal opinion, we encourage you to consult with local legal counsel. I have reviewed New Hope's current tobacco code language (Tobacco Ordinance — Section 8-7). Below, please find a summary of my key findings from New Hope's tobacco licensing regulations, along with a list of amendments the City may be interested in making in the interest of aligning with federal and state law, protecting the public's health, protecting youth and young adults, and reducing health disparities. The regulations were compared to licensing laws from other jurisdictions in Minnesota and across the U.S. The City of New Hope's Retail Tobacco Regulations Minnesota municipalities have the authori1y to license retailers and regulate the sale of tobacco and related devices and products within their jurisdictions. Regulating tobacco retailers through licensing is considered a best practice. While New Hope's tobacco licensing code is quite stark compared to other licensing municipalities, it contains some good commercial tobacco control practices. They include: The sale of commercial tobacco products is prohibited by means of vending machines and unattended self-service methods, with the exception of machines and self-service displays in adult -only tobacco retail shops. License holders are responsible for the conduct of their employees on the licensed premises; employee violations are considered acts of the licensee for penalty purposes. P: 651.290.7506 F: 651.290.7515 875 Summit Avenue, St. Paul. W: www.PublicHealthLawCenter.org Minnesota 55105 Despite these strengths, there is much room for improvement. There are elements that could be clarified, strengthened, or added, including the following: Clari & Readability o For clarity, the City might consider including a "Findings and Purpose Section," which supplies the evidentiary basis for the proposed commercial tobacco control policies and demonstrates the City's reasoning for adopting specific provisions. This Purpose and Findings section reflects language appropriate for all of the provisions included in the Ordinance. The Public Health Law Center can provide support for communities to determine which Findings and Purpose statements and references should be retained in a final ordinance, depending on which provisions the City chooses to adopt. o The City might also consider including a "Definitions" section (alphabetically ordered), with definitions for the key terms employed in the Ordinance. The City does not define any terms in its currently published Ordinance. A strong definitions section helps make all terms used throughout the Ordinance clear and unambiguous. This increases the likelihood of compliance, helps with enforcement, and reduces the likelihood of successful litigation if any portion of the Ordinance were challenged. In addition to a comprehensive definition for "tobacco" which takes into account new and emerging tobacco products, the City could consider including, at a minimum, the following definitions: 1) "Electronic delivery devices"; 2) "Nicotine or lobelia delivery products;" 3) "Licensed Product" — which is a catch-all term that encompasses all the products covered by the licensing regulation, and can be employed throughout the Ordinance in lieu of enumerating all the products; 4) "Child -Resistant Packaging"; 5) "Loosies;" 6) "Tobacco -related device'; 7)"Vending machine"; 8) "Self-service display." Additional terms may also be defined depending on which tobacco control provisions the City choses to adopt. For example, the City would need a definition for "Flavored Product" if it decides to adopt a sales prohibition or restriction on flavored tobacco products. Note that state law, as discussed below, requires local licensure for "electronic delivery devices" and "nicotine or lobelia delivery products." These products are not explicitly covered by the City's current Ordinance. They could be explicitly covered and included in any definitions section. The Public Health Law Center can assist in supplying sample language for all the terms that should be included in the definitions section. Align with minimum standards in state and federal law o Minnesota law requires a local license to sell: ■ "Electronic delivery devices" (EDD)— a broad term used to describe what are more commonly referred to as "e -cigarettes" (e.g., Juul). These products (whether they contain nicotine or not) are subject to the same sales regulations that apply to more P: 651.290.7506 F: 651.290.7515 875 Summit Avenue. St Paul, W: www.PublicHealthLawCenter.org Minnesota 55105 conventional tobacco products and tobacco -related devices, like cigarettes, cigars, and pipes. The regulation of these products are even more important as they are increasingly popular among youth. The current City code does not require a license to sell EDDs. Nicotine or lobelia delivery products"— a broad "catch-all" term that covers other "non - tobacco" or "non -electronic delivery device" products that contain nicotine and/or lobelia. These products are also subject to the same licensing and sales regulations and really should be specifically addressed in the licensing Ordinance. The current Ordinance does not require a license for nicotine or lobelia delivery products. o State and federal law requires that any liquids sold for use in an electronic delivery device must be in child -resistant packaging. This requirement—as well as guidance to retailers on how they will demonstrate compliance—could be incorporated as well. A definition of child -resistant packaging would also be needed if this is adopted, such as: Child -resistant packaging. Packaging that meets the definition set forth in CcLde of Federal Regulations title 16. section 1700.1502), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations. title 16section 1700.20, as in effect on January 1, 2015. o State and federal law prohibits the distribution of most free samples. Local jurisdictions can prohibit the distribution of all free or nominally priced samples. For more information on the policy options for addressing tobacco product sampling, see our publication: " Policy Qn� trans to ,address Tobacco Product Sarnl-)les and Sar yling." o State law prohibits licensure of moveable places of business, like kiosks. New Hope's current Ordinance does not include that as a disqualification of licensure. Effective Administration and Enforcement o The City may consider adding provisions detailing the application, approval/denial, and appeal process for licensure. Also, the City does not dictate how long the license term is. As it currently stands, licensure could be indefinite after just one application and payment of the licensing fee. This is an important piece of consideration. Typically, local licenses in Minnesota are valid for one year from the date of issuance. This ensures that local governments are aware of all tobacco retailers in their jurisdiction, receive revenue through licensing fees to administer and enforce the local licensing regulations, and have an opportunity to connect with retailers about new regulations. o Minnesota law requires at least one youth access compliance check per retailer each year. The City of New Hope sets a minimum number of compliance checks each year based on state requirements (one), but allows for more. A city can require multiple checks, as well as re - inspections after violations. Performing additional compliance checks per year can help promote better compliance with youth access laws. Costs for additional -mandated compliance checks can be incorporated into the license fee, with the costs absorbed by the license holders themselves. Our publication, Compliance and Local Enforcement Programs, supplies additional information on this issue. P: 651.290.7506 R 651.290.7515 875 Summit Avenue, St. Paul. W: www.PublicHealthLawCenter.org Minnesota 55105 o Some municipalities require retailers to train their employees on youth access laws and other licensing requirements. The City of New Hope could require training as a preventive measure for all licensees and/or as a consequence for underage and other illegal sales and violations. o Increase the minimum retail clerk age to the minimum legal sales age (18). For more information on this policy option, see our publication: M§ing the Age to Sell Tobacco; Establishing a Minirnutn Clerk Age." o Compliance and enforcement of the ordinance could be clarified and strengthened if language was included to set requirements for age verification and for signage. The ordinance may be amended with language such as: ■ Age verification. Licensees must verify by means of government -issued photographic identification that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. ■ Signage. Notice of the legal sales age and age verification requirement must be posted 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 anvone who is or is considering making a purchase. Fees & Penalties o The current license fee for the City of New Hope, based on the city's fee schedule is $250.00. Fees should be periodically reviewed to ensure they cover all administration, implementation and enforcement costs, including compliance checks. Fees that do not reflect actual costs should be adjusted. For more information on licensing fees, our publication, Retail License Fees, includes information about retail licensing fees and a license fee checklist. o The City of New Hope's licensing code penalizes persons under age 18 who attempt to purchase tobacco products. Possession, use and purchase (PUP) laws may be unlikely to reduce youth smoking significantly. They may undermine other conventional avenues of youth discipline, divert attention from more effective tobacco control strategies, and relieve the tobacco industry of responsibility for its marketing practices. Some communities are concerned that PUP provisions may be enforced inconsistently with respect to youth from certain racial and ethnic groups, resulting in their introduction into the criminal justice system. Nicotine is more addictive than heroin and other drugs. Many public health groups suggest focusing instead on the retailer, especially since this is a licensing code. Should the City of New Hope seek to increase its legal sales age to 21 (i.e. a "T21" policy), there is an even stronger case for these arguments, as 18 -20 -year-olds who were previously able to legally purchase tobacco products and are likely now addicted may continue to attempt to purchase these products in the retail setting. P: 651.290.7506 R 651.290.7515 875 Summit Avenue, St. Paul, W. www.PublicHealthLawCenter.org Minnesota 55105 For these reasons, the City of New Hope may consider removing this provision/language which establishes penalties for underage violators of the tobacco licensing ordinances. Removal of this provision puts responsibility on the licensee, seller, or provider of the covered products. Alternatively, the City could assess only alternative penalties (e.g., education, community service) for underage PUP, although still not a best public health practice. o The Ordinance allows for misdemeanor prosecution for all violations of the law. For the reasons outlined above regarding PUP provisions, the City may consider limiting the use of criminal penalties, particularly for underage persons. o The current ordinance establishes an incremental administrative fine and suspension period structure for violations by retailers and employees. The City could strengthen this section by raising the penalty amount and extending the suspension period. Strong consequences, like high administrative fines against violating licensees and shorter timeframes for violations can help promote compliance. Establishing longer suspension terms, providing suspensions for first or second violations, and incorporating mandatory licensing revocations into the penalty structure can help encourage voluntary compliance and provide stronger tools to address repeat violators. While the current ordinance has a flexible administrative civil penalties structure, it could be further strengthened to ensure sufficient monetary penalties against violating retailers, especially repeat offenders. Our publication on Violations and Penalties discusses some of these policy issues. Additional Licensing Options Through licensing regulations, Minnesota cities and counties also have the opportunity to: o Raise the minimum legal sales age to 21. For more information on T21 policy, our Point -of -Sale Policy Toolkit includes a Tobacco 21 Ordinance Check -list, which addresses the various considerations that should be taken into account when drafting a T21 ordinance. o Restrict or prohibit the sale of flavored tobacco products (this includes the sale of the menthol flavor). For more information on this policy, see our publication: "Regulating Flavored Tobacco Products." For some examples of jurisdictions that have adopted this policy, including Minnesota jurisdictions such as Mendota Heights, Duluth, Lilydale and Arden Hills, see our publication: U.S. Sales Restrictions on Flavored Tobacco Products." o Prohibit the sales of imitation tobacco products. Imitation tobacco products, such as candy cigarettes and smokeless chew, may lead youth to use commercial tobacco by desensitizing them to the dangers of tobacco and by advancing the idea that commercial tobacco use is socially acceptable. o Reduce or restrict the number, location, density, and types of retailers. A high prevalence of tobacco retailers is associated with increased use of tobacco; and a higher concentration of tobacco retailers in low income neighborhoods or around schools has negative consequences for P: 651.290.7506 F. 651.290.7515 875 Summit Avenue, St. Paul, W: www.PublicHealthLawCenter.org Minnesota 55105 public health. Retail outlets are also a source of exposure to tobacco marketing, which is designed to encourage initiation and use. These changes may be accomplished through the licensing code or the zoning code. For more information on this policy option, see our publications: "Rellating the Lacanian Density, and T1,Me of Tobacco Retailers;" and "Lavation, Location. Location: Tobacco & E-cig Point of Sale.." o Increase product costs through non -tax approaches (such as prohibiting coupon redemption or other price discounting). Our publication, "Coupons and Other Price Discounting Poticy Options ' discusses this policy option. o Prohibit the sale of cigars unless packaged with a minimum number of cigars and/or sold for a minimum price (as a package and individually). Federal law prohibits the sale of individual cigarettes, but the City may also ban the sale of "loosies" as we define them— single or individually packaged cigars or any other licensed product that has been removed from its intended retail packaging (e.g., Juul pods) and offered for sale. Local governments can prohibit the sale of these products unless the price of the cigar is at or above a certain price. Pricing is an incredibly effective tool for tobacco use reduction and has been shown to reduce youth tobacco use initiation. The line between cheap products that appeal to children and the more expensive cigars that are intended for this exception is an important consideration. For more information on this policy, see our publication: "Setting a Minimum Price and Packa e Size for Cigars." o Prohibit pharmacies from selling tobacco products. As pharmacies are considered health supporting institutions, it is inconsistent for them to sell tobacco products. Our publication, "Prohibiting Pharmacy Sales of Tobacco Products," discusses this policy option. o Prohibit the indoor use of licensed products for the purpose of sampling to protect patrons and employees from the health harms of secondhand and thirdhand smoke exposure. See our publication 'Tolicy Options to Address Tobacco Product Samples and Sampling!" for more information on product sampling and the policy considerations. o Prohibit the transfer of a license to another person or location. For more information on the procedural considerations involved when adopting or amending a retail tobacco licensing ordinance, see our publication: Retail Tobacco Licensing Ordinances: Procedural Requirements." The City of New Hope may choose to adopt all or any of these policies, which the PHLC considers to be the best practice for public health. The City of New Hope may also consider: o Adding, as discussed, a "Purpose and Intent" section, and expanding it if any new policy is adopted to support that policy. o Adding a definitions section and updating it to support any new policies adopted. P: 651.290.7506 F: 651.290.7515 875 Summit Avenue, St. Paul. W: www.PublicHealthLawCenter.org Minnesota 55105 o Adding a severability clause. An ordinance with a severability clause protects and upholds other components of the law if a successful legal challenge prevails against any part of the law. I hope this is helpful. I would be happy to provide sample language for any policy change discussed in this memo. Please let us know if we can assist you further. Sincerely, Julie O. Amajuoyi Staf Attorng Public Health Law Center Desk: 651-695-7697 -julie.Amajuolj@mitclielthamhtic.edu P. 651.290.7506 R 651.290.7515 875 Summit Avenue, St. Paul, W. www.Publ!cHealthLawCenter.org Minnesota 55105 • m C7 m V v E a. 308 •_g tm C C y N d C N O A 01 O 0 y O e d u aw In y 7 Cm m LO C �y CL O Y ,x'030 U O E c t7 7 0 m .9 o E.00 m d co y r n m 'a O O y O w w V w rn a Y o Y N 0 c O m c N a CL �i O m O � C m ' 'O tm 0m C . j C V 0).-(D (� L `d W } C a1 d W O L_ a d 3. V ay�Dy C cn y N N 'C 07 w a <a Q mc y E a'cy� > cc m- E c m,c d- u O E p o� z 0 2 0— S (6 U N O A e EY � �O C �y CL O Y z � y U O c O d °w d C W C C y) C N CL (6 U v d � �O C v � O d N CL ¢ a c Q - �i c c c m C O O�a = O a o N do > 3. V In Nw O C C V1 > m A � m m c E m cd U' d- 3E ty f o m W o o c a -9 • • a �E 9 O vo d 10E C 0 umiy vx d ;c od d Ed o d m E a c m0 0)0 m m w y — ` m m y L- c 3 U y y 0 Q) y L.V 'or O m y E� O` C 0 n S h N N O O V1 3 Q O d y N d V d y y U 0 co x 0 U > m d 0 CL C 0.0 .O. C m di m o m C> O �c aci om c� a=� 0 �.= z(9< y d (D LU C 7 ° o�aa 04 N ul _ O � y O U 7m C a d O L o in a� O dIn U CU m O c y m -o m y O o O .. oIt d O d CL N p c O - m-• y 7N O t OI m d C w V =+ _D O a7 d m C L .V 2 w a O` C (7 U U O D d N ,a > y d d C ma >.' A CL .=U C VA,� 29 O zom 32 O `n J E E CL E c 0 L c d E CL am (D y E2 O O > J m �a Tobacco use remains the #1 cause of preventable death and disease in Minnesota: • Tobacco kills more Minnesotans per year than alcohol, homicides, car accidents, AIDS, illegal drugs, and suicide combined. • In 2014, one in four cancer deaths in Minnesota was from smoking. • Each year in Minnesota, tobacco use is responsible for 6,300 deaths and over $3 billion in excess healthcare costs. About us Demographic* "it's signiticant Communities of color disproportionately experience health inequities and disparities, l Race/ethnicity 29 percent of New Hope's residents are people of color. which are further worsened by tobacco use. In Minnesota, 2,800 youth under 18 become 24 percent of New Hope's residents are 19 new daily smokers each year.** 102,100 youth Age years old or younger. are projected to die from smoking in their 36 percent of New Hope's residents live lifetimes.*** Federal Poverty Level (FPL) at or below 200 percent of the FPL; the income for a family of 4 is !_$48,600. Locally, and in the U.S., people experiencing poverty and people with less education have 11 percent of New Hope's adult residents did not graduate from high school. higher rates of cigarette smoking than the Education general population. 28 percent of New Hope's adult residents only have a high school education. Source: *Metropolitan Council, Community Profiles - Community Profile for New Hope: https://stats. metsstate.mn.us/profile/detail.aspx?c=02395201 —Campaign for Tobacco Free Kids -The Toll of Tobacco in i✓linnesoto: http://www.toboccofreekids.org/facts-issues/toll us/minnesoto "'MDH Tobacco Prevention and Control- Data and Reports Fast Facts: http://www.health.state.mn.us/divslhpcdltpcldoto.html Tobacco marketing is often directed at certain segments of the population, particularly people of color, people with low-income, and youth. This contributes to higher tobacco use in these groups. Ate i Our health: chronic disease conditions (Metro SHAPE 2014 Adult Survey, adults aged 25 and older, Hennepin County NWsuburbs, inner ring") Hennepin County NW suburbs, inner ring Percentage who have ever had diabetes 6% Percentage who have ever had a heart attack, angina, or stroke - - 5% Percentage who have ever had asthma 11% 0 " 10 15 'Includes Brooklyn Center, Crystal, Golden valley, New Hope, and Robbinsdale. Why Smoking and tobacco use has immediate adverse health consequences, such as nicotine addiction and it's significant triggering asthma attacks, as well as long-term health consequences such as cancer, heart disease, stroke, and chronic obstructive pulmonary disease. Tobacco use: a look at our adults and youth Adult smoking use (Metro SHAPE2074 Adult Survey, adults aged 25 and older, Hennepin County; 2014 Minnesota Adult Tobacco Survey) 9 percent of adults, aged 25 and older, in Hennepin County's NW inner ring suburbs (which includes New Hope) are current smokers, and 10 percent currently use any other type of tobacco product (does not include e -cigarettes). The tobacco industry needs replacement users to be successful. Youth are the replacements for adults who quit or die from their tobacco use. Nearly nine out of 10 smokers start by age 18. The nicotine in tobacco is highly addictive. Youth that start using tobacco early are very likely to become lifetime users. After age 25, almost no one starts smoking. Youth tobacco use (.MN Student Survey 2010, 2013 and 2016, Robbinsdale School District) Percentage of youth who reported using the following products within the past 30 days: 11th Grade 2010 2013 2016 2013* 2016 Any conventional tobacco** 13% 10% 2% 14% 7% Any tobacco use (includes e -cigarettes) NA*** NA 8% NA 11% Cigarettes 10% 8% 2% 9% 4% Cigars, cigarillos, little cigars 7% 5% 1% 8% 4% Electronic cigarette NA NA 7% NA 7% Flavored tobacco NA NA 4% NA 3% Menthol cigarette NA NA 2% NA 5% "In 2010, the MSS surveyed 12th grade. Data for 1 i th grade students is not available. **Conventional tobacco use includes cigarettes, chewing tobacco/snuff/dip, or cigars/cigarillos/little cigars. �j NA=not asked Our tobacco retail environment In 2016, Hennepin County Public Health conducted observational audits in 24 New Hope tobacco retailers. Number of tobacco retailers 1.2 per 1,000 residents Type of tobacco retailers Tobacco shop only 0 Drug store/pharmacy 1 Tobacco and e -cigarette shop 1 E -cigarette shop only I 2 Grocery store 2 Mass merchandiser or discount store Beer, wine, or liquor store or bar/restaurant Convenience store with or without gas 0 4 _i 9 10 Why Nine of24 tobacco retailers are convenience stores. 70 percent of adolescents shop in convenience it's significant stores at least once per week. oo S °/o New Hope Hennepin County Percent of New Hope tobacco retailers near schools and/or parks within 500 feet. Let's explore our tobacco retail stores. Ads and kids • Four stores have products located within one foot of items that are of interest to children (e.g., toys, candy, gum) and five stores have product ads within three feet of the floor, eye -level to a youngster. Why Children are more likely to see these it's products and ads, making the products significant seem like normal items to buy in stores. Cigars • Most stores sell cigars. Fifteen retailers sell single cigars below the minimum price in some surrounding cities ($2.60). The cheapest was $0.89, and 80% of the time, the cheapest individual cigar is a flavored cigar. Why Teens are especially sensitive to price. Every 10 percent increase in the price of it's a tobacco product reduces the number significant ofyouth who smoke by 6-7 percent. Source: www.toboccofreekids.org/research/factsheets/pdf/0146.pdf • $135.5 million = the estimated annual tobacco industry marketing in Minnesota • $21.5 million = Minnesota's tobacco prevention spending Result. $6 -to -$1 ratio of tobacco industry marketing to Minnesota's tobacco prevention spending. Menthol cigarettes • 19 stores sell non -menthol and menthol cigarettes. • Ave stores have exterior advertisements of menthol cigarettes and seven of the 24 tobacco retailers sell menthol cigarettes at a sale or special price. Why From 2000 to 2014, menthol cigarette it's use by Minnesota high-school smokers significant increased from 20 percent to 44 percent. Source: MN Youth Tobacco Survey, 2000-2014 E -cigarettes • 17 stores sell e -cigarette products, with the cheapest disposable e -cigarette ranging from $5.59-$15.99. In Minnesota, nearly one in five teens now use e -cigarettes. Use among both 9th and Why 11th graders is now more than double that fcigaretteuse.Productslikee-cigarettes significant o contain liquid nicotine, harm adolescent brain development, and are currently unregulated. Source: MN Student Survey 2016 i Solutions the City of New Hope and community can consider Communities can create environments that reduce tobacco use, limit access and exposure to tobacco products and ads, and support people who want to quit. ''. New Hope's licensing regulations include several good tobacco control `-�'— practices, such as: High penalties for violations Compliance promotion Here are seven ways the city can strengthen local regulations to further prevent tobacco use: 1. Align current regulations to meet minimum state and federal requirements 2. Promote effective enforcement 3. Ensure that the license fee reflects the cost of administering and enforcing the license 4. Keep the price of tobacco high a. Control the minimum pack size and/or price on cigar products b. Prohibit price -discounting strategies by retailers (e.g., multi -pack offers and coupons) 5. Regulate the sale of flavored tobacco products a. Restrict sales of these products (including menthol products) to adult -only tobacco stores 6. Increase age requirements a. Increase the legal sale age for tobacco products to 21 b. Require sales clerks who sell tobacco to be at least 18 7. Regulate the number, density, and location of tobacco retailers a. Cap the number of tobacco licenses a city issues b. Prohibit tobacco sales in pharmacies c. Restrict tobacco sales near areas where youth gather (e.g., schools, parks) Want to learn more? Contact us Ruth Tripp, MPH, RN Gretchen Garman, MPH Principal Health Promotion Specialist Community Health Specialist - Hennepin County Public Health Hennepin County Public Health 612-348-5367 612-543-1985 Hennepin County Ruth.Tripp@hennepin.us Gretchen.Garman@hennepin.us Public Health z T z z z z b 3 > b b > _0 > b z a a z a X� z z z z¢04 z z z z a¢ N X O N +X.+ �y O > u > N aC u > > > X X X a w` Q „ a ¢' Q ¢' ¢ a a Q ¢ Q ¢ a L C H L C «L+ C H C C F G C w M v v � 3 m 3 ^ ^ O O O O r O O O V M O O N O N O O O ^ O �o ^ O �_ Vl M O M O O CO M O V N O, V Il- 01 . V ^ N O 4- M N V1 N O, 7 I- 10 a\ N [� I- r C, r- !` N m O, o0 00 0o M I� M 0\ Q1 T 01 F� a1 O� 21 O: p" F1 � O, a� Qi 01 L O O O O O O O O O O O O O O O O O O O O O QN N N N N Q,1 N !:� Q Q N N Q Q Q Q M � ` M M \ \ E M i � E5 Q W N N N N N N N N N N N N N N N N N N N N N �y 00 00 GO GO oo 02 00 CO o2 CO o0 00 C2 oo. 20 W o0 a0 00 00 Q+ �I O O O O O O O O O O O O O O O O Cl Q O O O x N N N N N N N N N N N N N N N N N N N N O W o oo o o o o o o o o o o o o o o O o o N o U hal U U U U U U U U U U U U U U U V U U U U U U U U U U U U U U V U U U U U U U U U U U C U= U= U= U 7 U= U= u 0 U= u= U= U= U= U= U= V = U= U= V = U= U= U= C 'b b ca co Id m -0A 2 H'b p� O '9 '9 .0 -0 'Ob 'O'O AO b p p p O p -0 2 0 2 -0 O L O ` O O F 0 0 L O O 0 2 aFaHaFa Ha FaFaHFaFaHa0;HaHaFa Ha F2 0. Ha 7t n N M d In N M m r- v'i 10 l� 'D I` D` O O O O O co O ^ ^ N N N N I1 M M 1) 7 10 V 't V It V 7 V 7 <Y 7 7 't V 7 h C N_ IN N N_ N_ N N_ N_ N N_ N_ N_ N_ N_ N_ N_ N_ N_ N_ N_ N_ u_ O O O O O O O O O O O O O O O O O O O O O �1 O O O O O O O O O O O O O O O O O O O O O � U 00 N C. p 3 z0 In C4 [n N O N N 4i Gl o 3 30 t a w x cC's acc m m Yo ax u u y s itl C Q. 7 N a3i O O X p N cEd C,V T T T a3i O C zc m�sz z m x x >wN wN w x x x z zci 3 U o a L H] U U a a U z U U ani C n o a (j O Z CIO ai a C7 .a Z c c O a a E y N N E c ti z o �p ro W Ya N IE c c 5 c R to r ° v rF^L Q D a U > > > 3 0 cn � [= 3 ° z m` z ¢ m x a w w x x x z Uz' z r _ 0 V1 [� N O Cl b ^ n N �2 ma\ a\ O ^ ^ N M M ^ ^ N N N N N N N N N N oo o 22 0 0 •7 0 0 0 0 0 o a o 0 0 o a o 0 0 0 0 0 0 0 O O O O N N O N O N Q -N_ N O N - cd O O O O O O O O O O O O O o�d O N N N N N N N N N N N N N N N N N N N N 'd p W U � L U U M a 3 r `o v c rp a ani oNo vi .Y N N c cn a w, O LYNc Cl) ° .a .N'k ca aN= aci O cn .2 0 QoT GTdi yO 3a xy Da yj, xOa3i xa3i xa3i bD U bD U E OOd OOd XO aFU T zO z z z x x > a w w w x x z z 3 z T z z z z b 3 > b b > _0 > b z a a z a X� z z z z¢04 z z z z a¢ N X O N +X.+ �y O > u > N aC u > > > X X X a w` Q „ a ¢' Q ¢' ¢ a a Q ¢ Q ¢ a L C H L C «L+ C H C C F G C w M v v � 3 m 3 ^ ^ O O O O r O O O V M O O N O N O O O ^ O �o ^ O �_ Vl M O M O O CO M O V N O, V Il- 01 . V ^ N O 4- M N V1 N O, 7 I- 10 a\ N [� I- r C, r- !` N m O, o0 00 0o M I� M 0\ Q1 T 01 F� a1 O� 21 O: p" F1 � O, a� Qi 01 L O O O O O O O O O O O O O O O O O O O O O QN N N N N Q,1 N !:� Q Q N N Q Q Q Q M � ` M M \ \ E M i � E5 Q W N N N N N N N N N N N N N N N N N N N N N �y 00 00 GO GO oo 02 00 CO o2 CO o0 00 C2 oo. 20 W o0 a0 00 00 Q+ �I O O O O O O O O O O O O O O O O Cl Q O O O x N N N N N N N N N N N N N N N N N N N N O W o oo o o o o o o o o o o o o o o O o o N o U hal U U U U U U U U U U U U U U U V U U U U U U U U U U U U U U V U U U U U U U U U U U C U= U= U= U 7 U= U= u 0 U= u= U= U= U= U= U= V = U= U= V = U= U= U= C 'b b ca co Id m -0A 2 H'b p� O '9 '9 .0 -0 'Ob 'O'O AO b p p p O p -0 2 0 2 -0 O L O ` O O F 0 0 L O O 0 2 aFaHaFa Ha FaFaHFaFaHa0;HaHaFa Ha F2 0. Ha 7t n N M d In N M m r- v'i 10 l� 'D I` D` O O O O O co O ^ ^ N N N N I1 M M 1) 7 10 V 't V It V 7 V 7 <Y 7 7 't V 7 h C N_ IN N N_ N_ N N_ N_ N N_ N_ N_ N_ N_ N_ N_ N_ N_ N_ N_ N_ u_ O O O O O O O O O O O O O O O O O O O O O �1 O O O O O O O O O O O O O O O O O O O O O � U 00 N C. p 3 z0 In C4 [n N O N N 4i Gl o 3 30 t a w x cC's acc m m Yo ax u u y s itl C Q. 7 N a3i O O X p N cEd C,V T T T a3i O C zc m�sz z m x x >wN wN w x x x z zci 3 U o a L H] U U a a U z U U ani C n o a (j O Z CIO ai a C7 .a Z c c O a a E y N N E c ti z o �p ro W Ya N IE c c 5 c R to r ° v rF^L Q D a U > > > 3 0 cn � [= 3 ° z m` z ¢ m x a w w x x x z Uz' z r _ 0 V1 [� N O Cl b ^ n N �2 ma\ a\ O ^ ^ N M M ^ ^ N N N N N N N N N N