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<br /> <br />Request for Action <br /> <br /> <br /> <br /> <br />To Item Number <br />Mayor and City Council 7.4 <br />Agenda Section Meeting Date Prepared by <br />Public Hearing July 6, 2020 Tina Allard, City Clerk <br />Item Description Reviewed by <br />Ordinance Amendment for Tobacco to Match Cal Portner, City Administrator <br />Federal and State Law <br />Reviewed by <br /> <br /> <br />Action Requested <br />1. Approve, by motion, a tobacco ordinance amendment. <br />2. Approve, by motion, a resolution for summary publication of the tobacco ordnance amendment. <br /> <br />Background/Discussion <br />In December of 2019, the federal government made changes to tobacco regulations. Discrepancies between <br />state and federal law caused confusion and tied the hands of law enforcement. In May of 2020, the state <br />enacted law changes to align with the new federal requirements. <br /> <br />City Attorney Scott Baumgartner updated city ordinance to match state law. These changes updated tobacco <br />definitions, state compliance checks when selling tobacco products, penalties, and signage requirements. <br /> <br />Changes included: <br /> Raising purchase age from 18 to 21. <br /> Persons under 21 can’t enter a tobacco products shop. <br /> Penalty Section changes such as: <br />o Removing petty misdemeanor penalty for use of false ID. <br />o Department of Public Safety must suspend driver’s license of a person who lends their ID <br />out to another. <br />o Increased penalties for selling, giving, or furnishing tobacco to a person under 21. <br />o Allows for alternative penalties for using a false ID to purchase tobacco. <br /> Persons involved in compliance checks must be at least 17 (used to be 15) <br /> A licensed retailer must verify a person is at least 21, but verification is not required if the purchaser <br />appears to be age 30 or older. <br /> <br />State law removed possession/use of tobacco by a minor as a crime. Our ordinance had possession and use <br />by a minor as a crime, but in the draft, it is removed to match state law. The city can be stricter than state <br />law and the language could be included if Council desires. Reasons for these changes and the penalty <br />changes could be: <br /> Hold the retailer more accountable rather focusing on the minor. <br /> Tobacco users under 21 may already be addicted based on the previous legal sales age at 18. <br /> A non-criminal, non-monetary approach may be a better solution for minors. <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and <br />community engagement that encourages and inspires prosperity <br /> <br />