CCP 02-10-1997 - Laserfiche WebLink

Home Browse Search

---- ~- H 1'.- I LMC Model Tobacco Ordinance ~ 6/96 revised edition I Disclaimer: The following model ordinance is an attempt to provide cities with a comprehensive and I enforceable means of controlling and reducing the illegal sale, possession, and use of tobacco, tobacco products, and tobacco related devices to and by minors. It is a compilation of provisions I from city ordinances from both Minnesota and other states. The provisions of this ordinance have either been upheld by the courts, or should be readably I defendable. At the end of the ordinance is a list of additional regulations a city may wish to consider, but these provisions are either untested or are currently being challenged in the courts. Cities are advised to use caution before adopting "cutting edge" provisions unless they are I prepared for defending the ordinance against a legal challenge. As the courts rule on cases involving "cutting edge" regulations, the League will report on the outcome of the cases and cities can subsequently amend their ordinances as needed. I Please note that this is only a model ordinance. While intended to be comprehensive, this ordinance may not contain the full extent of regulations a city may ultimately impose in .. controlling the problem of illegal tobacco sales and use. For other cities, it may contain more restrictive measures than they wish to impose. In addition, there are options listed throughout the ordinance that each city will need to decide how to handle. Each city should make any necessary I changes to meet the needs of that particular city. Further, cities are encouraged to work with their business community in the development of their tobacco ordinances. Cooperative efforts I usually result in better ordinances for the needs of individual communities and the enforcement of those ordinances. I For additional assistance or information on this type of ordinance, please contact the League's Codification Attorney. Minnesota ASSIST is available to respond to requests for technical assistance and information in the area of preventing youth access to tobacco, tobacco products, I and tobacco related devices. The Minnesota Retailers' and Grocers' Associations are available to provide assistance in dealing with the concerns of retailers. It is likely that other groups, both public and private, are also available to provide information and assistance from their I perspectives. In addition, the League strongly encourages all cities to discuss this matter with their city attorneys before adopting this or a similar tobacco ordinance. I I .. I ----- --