09-313Council File # 09-313
Green Sheet # 3068156
• i � � � •
Presented by
CITY OF SAINT PAUL, MINNESOTA
� An Ordinance Establishing Chapter 295 Of The
2 Saint Paul Legislative Code To Prohibit Sale Of Imitation Tobacco Products
3 And Novelty Lighters
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
7 Section 1
8 Section 295 of the Saint Paul Legislative Code is hereby created to read as follows:
to Sec. 295.01 Purpose and Findings of Fact.
1t
t2 The Council of the City of Saint Paul finds that:
13
t4 Studies in journals such as BMJ (formerly British Medical Journal), Pediatrics, and Preventive Medicine
15 have demonstrated that candy cigarettes and other imitation tobacco products predispose children to use
16 tobacco later in life by desensitizing them and promoting tobacco use as culturally or socially acceptable.
17 One such study concluded that 22% of adults who had regularly consumed candy cigarettes were regular or
I8 former smokers, compared with only 12% of adults who had never consumed candy cigarettes.
19
2o The World Health Organization's Framewark Convention on Tobacco Control, which has been ratified by
21 more than 160 countries which represent 85% of the world's population, lists the prohibition of "the
22 manufacture and sale of sweets, snacks, toys or any other objects in the form of tobacco products which
23 appeal to minors" as an effective legislative measure that discourages youth tobacco use.
24
25 Several countries, including Australia, Canada, Finland, Kuwait, Norway, Saudi Arabia, Thailand, and the
26 United Kingdom have prohibited the sale of candy cigarettes. Several narional retailer chains, including
27 Conoco-Phillips, CVS, Exxon-Mobil, and Wal-Mart have agreed not to sell candy cigarettes and/or other
28 imitation tobacco products.
29
30 Internal tobacco company documents disclosed as part of Minnesota's 1998 tobacco settlement reveal that
31 tobacco manufacturers consented to the use of their trademarks by candy cigarette manufacturers in the
32 hopes that such products would encourage children to become smokers. Tobacco companies viewed candy
33 cigarettes as "effective advertising for future smokers."
34
35 Under the terms of the 1998 Master Settlement Agreement between 46 states and the lazgest tobacco
36 manufacturers, the manufacturers agreed not to oppose the passage of any state or local legislative
37 proposals "intended by their terms to reduce youth access ... to tobacco products." A specific example of
38 such a proposal is "limitations on non-tobacco products which are designed to look like tobacco products,
39 such as bubble gum cigars, candy cigarettes, etc."
40
41 Many stores in St. Paul and throughout Minnesota continue to sell candy cigarettes and other imitation
42 tobacco products.
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43 Novelty lighters have features that are attractive to children, including visual effects, flashing lights,
44 musical sounds and toy-like desia s. The federal Consumer Product Safety Commission has recalled
45 thousands of novelty lighters since 1996 due to their danger to public safety. Fire setting by juveniles has
46 been identified as the fastest growing fire threat in the United States, with more than 300 people killed
47 annually, 30% ofwhom are children, and almost $1 billion in property destroyed. In 2008, the U.S. Fire
48 Admimstration made banning novelty lighters the goal of Arson AwarenessWeek.
49
5o Accordingly, the city council finds and declares that the purpose of this chapter is to:
51
52 (1) Protect public health, welfaze and safety by reducing the appeal of tobacco to minors; and
53
54 (2) Reduce the likelihood that minors will become tobacco users later in life; and
55
56 (3) Protect public safety by reducing the number of novelty lighters that end up in the hands of children.
57
58
59
Section 2
60 Section 295.02 of the Saint Paul Legislative code is hereby created to read as follows:
61
62 Sec. 295.02. Definitions.
63
64 (1) "Imitation Tobacco ProducY' means either: any edible non-tobacco product designed to resemble a
65 tobacco product; or any non-edible non-tobacco product designed to resemble a tobacco product that is
66 intended to be used by children as a toy.
67 Examples of imitation tobacco products include, but are not limited to, candy or chocolate cigarettes,
68 bubble gum cigars, shredded bubble gum resembling spit tobacco, and shredded beef jerky in containers
69 resembling snuff tins. An electronic cigarette is not an imitation tobacco product.
70
n(2) "Novelty Lighter" means a a mechanical or electrical device typically used for lighting cigarettes,
72 cigars or pipes that is designed to appear to be a toy, has entertaining audio or visual effects, or that
73 resembles, in physical form ar function, articles commonly recognized as appealing to or intended for use
74 by children. Bxamples of novelty lighters include, but are not limited to, lighters that resemble cartoon
75 characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages, or that play
76 musical notes or have flashing lights or other entertaining features.
77
78
79
Section 3
80 Section 295.03 of the Saint Paul Legislative Code is hereby created to read as follows:
81
82 Sec.295.03. Prohibitions.
83
84 No person shall sell or offer for sale any imitation tobacco product or novelty lighter within the City of
85 Saint Paul. No licensed establishment shall give away any imitation tobacco product or novelty lighter
86 within the City of Saint Paul.
87
. . .
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88 This secrion shall not apply to cigarette lighters that were made before January 1, 1980, or that are
89 considered to be collectable items.
90
91 Section 4
92
93 Section 295.04 of the Saint Paul Legislative Code is hereby created to read as follows:
94
95 Sec. 295.04. Violations and Penalties.
96
9� (a) It is a violation for any person to fail to comply with the requirements of this chapter.
98
99 (b) Penalties. Failure to comply with the requirement of this chapter shall be a basis for adverse action
100 under Saint Paul Legislative Code § 310.06.
lol
102 0 A violation of any provision of this chapter shall be a misdemeanor.
103
104 Section 5
105
106 Section 295.05 of the Saint Paul Legislative Code is hereby created to read as follows:
107
108 Sec. 295.05. Severability and Savings Clause.
109
110 If any portion of this chapter, or its application to any circumstances, is held invalid, the remaining
111 portions shall be considered severable, and shall be given effect to the maximum effect possible.
112
113 Section 6
114
115 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
1t6 publication.
�'UBL9SHE�
� 2 3 1DD9
Yeas Nays Absent
Bosirom
Carter
Hams
Helgen
Lantry
Stazk �
Thune �
Adopted by Council: Date ��//�/JCj
Adoption Certified by Council Secrefary gy;
By:
Approv b ay Date `f / 7��
By:
Requested by Deparhnent of:
�
Approved by the Office of Financial Services
�
Appr y City Attomey
�� .
By:
Approved by Mayor for Submissi to Council
� �
APft 2 3 2009
� Green Sheet Green Sheet
09-313
Green Sheet Green Sheet Green Sheet Green Sheet
�
DepartmenN�celCouncii: Date Initiated:
co-Ooaoci 12_MAR-09 Green Sheet NO: 3068156
ConWCt Person & Phone: DepaRment Sent To Person InitiaUDate
CM Melvin Carter o oo�cu �
266-8610 1 ' qttome 0
Assign 2 oanN 0
i Must Be on Councii Agenda by (Datej: Number
For 3 i Clerk � I
Routing 4 0
Doc. Type:ORDINANCE Order 5 0
� E-Document Requiretl: Y
Document Contact: �oan Reidell
ConWCt Phone: 266-8610
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
An ordinance establishing Chapter 295 of the Saint Paul Legislative Code to prohibit the sale of imitation tobacco products and
novelty lighters.
Recommendations: Approve (A) or Reject (R): Personal Service Contreets Must Answer the Foilowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this depaRment?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (1Nho, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approvetl:
Total Amount of CosVRevenue Bud eted:
Transaction: 9
Funding Source: Activity Number:
Financial Information:
(Explain)
March 12, 2009 1:44 PM Page 1