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MEMORANDUM DATE: June 5, 1998 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad RE: Tobacco Ordinance # 66 A proposed tobacco ordinance is enclosed for your consideration and approval. The 1997 session of the legislature enacted a number of changes to Minnesota Statutes relating to the licensing and sales of tobacco products to minors. These changes, which were effective .August 1, 1997, involve MS 461.12, 461. 19, and 171.171 (Please see attached). The new law requires all cities' and/or counties to adopt specific regulations regarding the sale of tobacco products. This ordinance has been designed to achieve this goal. Joel Heckman, Acting Police Chief reviewed and assisted me in customizing this ordinance. Likewise, the proposed tobacco ordinance meets with the state laws and Mr. Heckman's approval. Moreover, on Thursday, March 12, 1998 the Planning and Zoning Commission held a public hearing on proposed Tobacco Ordinance #66. After substantial discussion regarding ordinance 466, the consensus of the Commission was the following: Ms. Broussard - Vickers moved and it was seconded to forward tobacco ordinance 966 to the City Council; apply appropriate numbering and strike in its entirety, Tobacco Ordinance 66.13 Penalties. Subd. 3. Minors. (Minors found in unlawful possession of, or who unlawfully purchased or attempt to purchase tobacco, tobacco products, or tobacco related devices shall be charged an administrative fee set by City Council resolution and will be subjected to 20 hours of community service). The above - mentioned amendments are incorporated in the proposed tobacco ordinance. Unfortunately, a minor will be the tobacco purchasing violator. And whereas, it is unlawful to expose a minor in the public process. Therefore, the Anoka County Juvenile Attorney recommends violators be subject to the juvenile judicial system. However, if not effective, Anoka