HomeMy WebLinkAbout2694-25 - ADMIN Ordinance - City Council - 2025/03/17Ordinance No. 2694-25
Amending St. Louis Park City Code Chapter 8, Subdivision X. relating to
tobacco licensing and Chapter 18 Article IV. Section 18-94 relating to definitions
The City of St. Louis Park does ordain:
SECTION 1. The St. Louis Park City Code, Chapter 8, Article II, Division 3, Subdivision X, is
hereby amended with the following original text, new text, and deleted text:
Sec. 8-372. License required.
(a) No person shall sell or offer to sell any tobacco, tobacco-related device, cannabis
paraphernalia, electronic delivery device, nicotine, or lobelia delivery product without first
having obtained a license to do so from the city, except that properly registered cannabis retail
businesses or lower-potency hemp edibles retail businesses may sell cannabis paraphernalia
without needing an additional license under this Section. (Ord. No. 2527-17, 12-4-17)
(b) No license shall be issued for the sale of tobacco, tobacco-related device, cannabis
paraphernalia, electronic delivery device, nicotine, or lobelia delivery product at any place
other than the applicant’s place of business. No license shall be issued for a moveable place of
business; nor shall any single license be issued at more than one place of business.
(c) Complete applications shall be reviewed by the city for verification and investigation of
the facts set forth in the application, including a criminal background investigation of the
applicant. The city may order and conduct such additional investigation as deemed necessary.
(d) The city shall make the determination whether to approve or deny the license. Any
denial shall be communicated to the applicant in writing, specifying the reasons for denial. The
applicant may appeal the denial in accordance with the procedure specified in section 8-36.
* * *
Sec. 8-373. Denial of license.
The following will be grounds for denying the issuance or renewal of a license under this
subdivision, and if a license is mistakenly issued or renewed to a person, it shall be revoked
upon the discovery that the person was ineligible for the license under this section:
(1) The applicant is under the age of 18 years.
(2) The applicant has been convicted of any violation of a federal, state, or local law,
ordinance or other regulation relating to tobacco, tobacco-related devices, electronic
delivery devices, nicotine or lobelia delivery products, or drug paraphernalia.
(3) The applicant has had a license to sell tobacco, tobacco-related devices, cannabis
paraphernalia, electronic delivery devices, nicotine or lobelia delivery products
revoked.
(4) The applicant fails to provide any information required on the license application or
provides false or misleading information on such license application.
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(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation from holding a license under this subdivision.
(Ord. No. 2181-00, § 4(16-311C.), 11-6-2000; Ord. No. 2432-13, 3-29-2013, Ord. No. 2454-14,
§8, 9-26-14; Ord. No. 2527-17, 12-4-17)
Sec. 8-374. Regulations Adopted.
(a) It shall be a violation of this subdivision for any person to sell or offer to sell any
tobacco, tobacco-related device, electronic delivery device, nicotine, or lobelia delivery
product:
(1) To any person under the age of 21 years. (Ord. No. 2521-17, 7-17-17)
(2) By means of any type of vending machine.
(3) By means of self-service merchandising whereby the customer does not need to
make a verbal or written request to an employee of the licensed premises in order to
receive the tobacco, tobacco-related device, electronic delivery device, nicotine, or
lobelia delivery product. All such products shall be stored behind a counter or other
area not freely accessible to customers. (Ord. No. 2527-17, 12-4-17)
(4) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic or toxic or controlled
substance, except nicotine, and not naturally found in tobacco, tobacco-related
devices or electronic delivery devices.
(5) By any other means or to any other person prohibited by federal, state, or other
local laws, ordinances or other regulations.
(6) That meets the definition of flavored product. (Ord. No. 2527-17, 12-4-17)
(b) Tobacco s Sampling, demonstration, or use of tobacco, electronic delivery
devices, cannabis paraphernalia, nicotine or lobelia delivery products within an establishment
selling any tobacco, tobacco product, tobacco related devices, electronic delivery devices,
cannabis paraphernalia, nicotine or lobelia delivery product is prohibited.
(c) No person shall sell, offer to sell, or distribute liquid, whether or not such liquid
contains nicotine that is intended for human consumption and use in an electronic delivery
device that is not contained in child-resistant packaging as that term is defined in Code of
Federal Regulations, title 16, section 1700.15 (b)(1), as in effect on January 1, 2015. A licensee
that fails to comply with this subpart is subject to administrative penalty pursuant to Minn.
Stat. § 461.12, subd. 2.
(d) No person shall sell, offer to sell, or distribute an electronic delivery device that:
(1) Is a “new tobacco product” as defined in 21 U.S.C. § 387j(a)(1) as may be amended
from time to time,
(2) Requires FDA premarket review under 21 U.S.C § 387j, and
(3) Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be
amended from time to time.
(Ord. No. 2181-00, § 4(16-311D.), 11-6-2000; Ord. No. 2415-12, 8-10-2012; Ord. No. 2454-14,
§9, 9-26-14; Ord. No. 2521-17, 7-17-17; Ord. No. 2527-17, 12-4-17; Ord. No. 2580-20, 1-6-20)
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Sec. 8-375. Responsibility for sales.
Actions of their employees in regard to the sale of tobacco, tobacco-related devices,
cannabis paraphernalia, electronic delivery devices, nicotine or lobelia delivery by an employee
shall be considered a sale by the licensed owner.
(Ord. No. 2181-00, § 4(16-311E.), 11-6-2000; Ord. No. 2454-14, §10, 9-26-14; Ord. No. 2527-17,
12-4-17)
Sec. 8-376. Compliance checks and inspections.
All premises licensed under this subdivision shall be open to inspection by the city during
regular business hours. From time to time the city may conduct compliance checks by engaging
minor persons over 15 years of age but under 21 years of age to enter the licensed premises to
attempt to purchase tobacco, tobacco-related devices, cannabis paraphernalia, electronic
delivery devices, nicotine, or lobelia delivery products.
Sec. 8-377. Illegal acts.
Unless otherwise provided in this subdivision, the following acts shall be a violation of this
subdivision:
(1) Illegal procurement. It shall be a violation of this subdivision for any person to
purchase or attempt to purchase, or otherwise obtain, any tobacco, tobacco-related
device, cannabis paraphernalia, electronic delivery device, nicotine, or lobelia delivery
product on behalf of a person under the age of 21 years. It shall also be a violation of
this subdivision for any person to sell or otherwise provide such products to any
person under the age of 21 years. It shall be a violation of this subdivision for any
person to coerce or attempt to coerce a person under the age of 21 years to illegally
purchase or otherwise obtain or use any tobacco, tobacco-related device, electronic
delivery device, cannabis paraphernalia, or nicotine or lobelia delivery product.
(2) Use of false identification. It shall be a violation of this subdivision for any person
under the age of 21 years to attempt to disguise their true age by the use of a false
form identification, whether the identification is that of another person or one in
which the age of the person has been modified or tampered with to represent an age
older than the actual age of the person.
Sec. 8-378. Violation; penalty.
(a) Generally. Any violation of this subdivision shall be grounds to revoke or suspend a
license under this subdivision.
(b) Criminal penalty. As set forth in M.S.A. Ch. 609, it shall be a:
(1) Misdemeanor for anyone to sell tobacco, a tobacco-related device, cannabis
paraphernalia, electronic delivery device, nicotine, or lobelia delivery product to a
person under the age of 21 years for the first violation. Whoever violates this
subdivision a subsequent time within five years of a previous conviction under this
subdivision is guilty of a gross misdemeanor. (Ord. No. 2521-17, 7-17-17; Ord. No.
2527-17, 12-4-17)
(2) Misdemeanor to furnish tobacco, a tobacco-related device, cannabis paraphernalia,
an electronic delivery device, or nicotine, or lobelia delivery product to a person under
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the age of 21 years. Whoever violates this paragraph a subsequent time is guilty of a
gross misdemeanor. (Ord. No. 2521-17, 7-17-17; Ord. No. 2527-17, 12-4-17)
(3) Misdemeanor for anyone to sell or offer to sell a flavored product in violation of
section 8-374(a)(6). (Ord. No. 2527-17, 12-4-17)
(4) Misdemeanor for anyone to sell, offer to sell or distribute liquid, whether or not such
liquid contains nicotine, that is intended for human consumption and use in an
electronic delivery device that is not contained in child-resistant packaging as that
term is defined in Code of Federal Regulations, title 16, section 1700.15 (b)(1), as in
effect on January 1, 2015. (Ord. No. 2527-17, 12-4-17)
(5) Petty misdemeanor for anyone under the age of 21 years to sell, furnish or give away
any tobacco, tobacco-related device, cannabis paraphernalia, electronic delivery
device, nicotine, or lobelia delivery product. This subsection shall not apply to a
person aged 18-20 years while working as an employee of a business holding a license
granted pursuant to this subdivision. (Ord. No. 2521-17, 7-17-17; Ord. No. 2527-17,
12-4-17)
(6) Misdemeanor for anyone to sell an electronic delivery device in violation of section 8-
374 (d). (Ordinance 2580-20, 1-6-20)
(c) Presumed penalties for Violations: The presumed penalties for violations are as follows
(unless specified, numbers below indicate consecutive business days’ suspension):
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Type of Violation 1st
Violation
2nd
Violation
within
36 months
3rd
Violation
within
36 months
4th
Violation
within
36 months
1. Commission of a felony related to
the licensed activity.
Revocation
N/A
N/A
N/A
2. Sale of tobacco, tobacco-related
device, cannabis paraphernalia
electronic delivery device, nicotine,
or lobelia delivery product while
license is under suspension.
Revocation
N/A
N/A
N/A
3. Sale of tobacco, tobacco-related
device, cannabis paraphernalia
electronic delivery device, nicotine,
or lobelia delivery product to
underage person.
$500
$1,000
and 1 day
$2,000
and 30 days
Revocation
4. Refusal to allow government
inspectors or police admission
to inspect premises.
5 days
15 days
Revocation
N/A
5. Illegal gambling on premises.
3 days
6 days
18 days
Revocation
6. Failure to attend mandatory
education training.
$250
$750 and
1 day
$2,000 and
3 days
Revocation
7. Prohibited sale or offer for sale of
flavored products.
$500
$1,000 and
1 day
$2,000 and
30 days
Revocation
8. Prohibited sale or offer for sale of
liquid intended for human
consumption in an electronic
delivery device that is not contained
in child resistant packaging.
$500
$1,000 and
1 day
$2,000 and
30 days
Revocation
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SECTION 2. The St. Louis Park City Code, Chapter 18, Article IV, Sections 18-94, 18-95, and
18-96 are hereby amended with the following existing text, added text, and deleted text:
Sec. 18-94. Definitions.
(a) Drug paraphernalia. Except as otherwise provided in subsection (b) of this definition, "drug
paraphernalia" means all equipment, products, and materials of any kind, which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, enhancing, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled substance in violation of M.S.A.
Chapter 152. The term “paraphernalia” includes, without limitation:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating,
growing, or harvesting of any species of plant which is a controlled substance or from
which a controlled substance can be derived except for materials used for the personal
cultivation of cannabis as permitted under Minnesota Statutes Chapter 342.
(2) Kits used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices used, intended for use, or designed for use in increasing the
potency of any species of plant, which is a controlled substance.
(4) Testing equipment used, intended for use, or designed for use in identifying or in
analyzing the strength, effectiveness, or purity of controlled substances.
(5) (4) Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances.
(6) (5) Diluents and adulterants, including quinine hydrochloride, mannitol, dextrose,
and lactose, used, intended for use, or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) (6) Blenders, bowls, containers, spoons, grinders, and mixing devices used, intended
for use, or designed for use in compounding, manufacturing, producing, processing, or
preparing controlled substances.
(9) (7) Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances.
(10) (8) Containers and other objects used, intended for use, or designed for use in
storing or concealing controlled substances or products or materials used or intended
for use in manufacturing, producing, processing, or preparing controlled substances.
(11) (9) Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing controlled substances to include, but not limited to, marijuana,
cocaine, hashish, or hashish oil into the human body, including:
a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens,
permanent screens, hashish heads, or punctured metal bowls.
b) Water pipes.
c) Carburetion tubes and devices.
d) Smoking and carburetion masks.
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e) Objects, sometimes commonly referred to as roach clips, used to hold burning
material, for example, a marijuana cigarette, that has become too small or too short to
be held in the hand.
f) e) Miniature cocaine spoons and cocaine vials.
g) f) Chamber pipes.
h) g) Carburetor pipes.
i) h) Electric pipes.
j) i) Air driven pipes.
k) j) Chillums.
l) k) Bongs.
m) l) Ice pipes or chillers
(b) Exceptions. Drug paraphernalia shall not include:
(1) Those items used in conjunction with permitted uses of controlled substances under
the Uniform Controlled Substances Act;
(2) Those items used by law enforcement officials as it relates to the seizure or
forfeiture of drug paraphernalia in connection with a crime or offense;
(3) Those items used by federal, state or local law enforcement officials for educational
purposes;
(4) The possession, manufacture, delivery or sale of hypodermic needles or syringes in
accordance with M.S.A. § 151.40 or as it may be amended; Syringes or needles or any
instrument or implement which can be adapted for subcutaneous injections;
(5) Those items defined as cannabis paraphernalia or medical cannabis paraphernalia as
defined in Minn. Stat. §342.01, as amended;
(6) Materials and equipment used by a cannabis business holding an active license
under Minn. Stat. Chapter 342.
(7) Products that detect the presence of fentanyl or a fentanyl analog in a controlled
substance.
(c) Other terms. Other terms are defined as specified in M.S.A. § 152.01 and any amendment
thereto.
Sec. 18-95. Drug paraphernalia evidence. In determining whether an object is drug
paraphernalia, a court or other authority shall consider, in addition to all other logically relevant
factors:
(a) Statements by an owner or by anyone in control of the object concerning its use.
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state
or federal law relating to any controlled substance.
(c) The proximity of the object, in time and space, to a direct violation of this section.
(d) The proximity of the object to controlled substances.
(e) The existence of any residue of controlled substances on the object, though an object may
not be found to be drug paraphernalia on the sole basis of a residual amount of one or more
controlled substances.
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(f) Direct or circumstantial evidence of the intent of an owner, or of any person in control of the
object, to deliver the object to another person whom the owner or person in control of the
object knows, or should reasonably know, intends to use the object to facilitate a violation of
this section. The innocence of an owner, or of any person in control of the object, as to a direct
violation of this section may not prevent a finding that the object is intended or designed for
use as drug paraphernalia.
(g) Instructions, oral or written, provided with the object concerning the object’s use.
(h) Descriptive materials accompanying the object, which explain or depict the object's use.
(i) National and local advertising concerning the object’s use.
(j) The manner in which the object is displayed for sale.
(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or
related items to the community, for example, a licensed distributor or dealer of tobacco
products.
(l) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total
sales of the business enterprise.
(m) The existence and scope of legitimate uses for the object in the community.
(n) Expert testimony concerning the object’s use.
(o) The actual or constructive possession by the owner or by a person in control of the object or
the presence in a vehicle or structure where the object is located of written instructions,
directions, or recipes to be used, or intended or designed to be used, in manufacturing,
producing, processing, preparing, testing, or analyzing a controlled substance.
Sec. 18-96. Prohibited acts.
(a) Use or possession prohibited. It is unlawful for any person knowingly or intentionally to use
or to possess drug paraphernalia. Any violation of this subsection is a petty misdemeanor.
(b) Delivery or manufacturing prohibited. A person may not deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug paraphernalia, if that person knows or
should reasonably know that the drug paraphernalia will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, enhance, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance in violation of M.S.A. Chapter 152, as amended, or any
other State or Federal law, rule, or regulation governing the manufacture, delivery, sale,
advertisement, possession, and/or use of controlled substances. Any violation of this
subsection is a misdemeanor.
(c) Delivery or sale to minors prohibited. Any person 18 years of age or over who violates Sec.
18-21096(b) by selling or delivering drug paraphernalia and said sale or delivery is to a person
who is under 18 year of age and at least 3 years his or her junior shall also be violating this
paragraph as well as Sec. 18-21096 (b). Any violation of this subsection is a misdemeanor.
(d) Advertisement prohibited. It is unlawful for any person to place in any newspaper,
magazine, handbill or other publication any advertisement knowing, or under circumstances
where one reasonably should know, that the purpose of the advertisement, in whole or in part,
is to promote the sale of objects designed or intended for use as drug paraphernalia. Any
violation of this subsection is a misdemeanor.
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SECTION 3. EFFECTIVE DATE AND TERM. This ordinance shall take effect immediately upon
its passage and publication by law.
Reviewed for administration: Adopted by the city council March 17, 2025:
___________________________________ _________________________________
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
____________________________________
Melissa Kennedy, city clerk
Approved as to form and execution:
____________________________________
Petra Asani, city attorney
First reading March 3, 2025
Second reading March 17, 2025
Date of publication March 27, 2025
Date ordinance takes effect April 11, 2025
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