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Gem Lake – Ordinance Updates <br />Gem Lake Planning Commission <br />May 14, 2024 <br />Page 2 <br /> <br /> <br /> <br />Non-Intoxicating Liquor <br />Ord. No. 65 was adopted in 1995 and amended in 2009. No changes have been made to the content. Ord. No. 65 <br />has been reformatted to be consistent with other city ordinances, such as No. 9 (Intoxicating Liquor). This <br />ordinance regulates the sale and consumption of non-intoxicating liquor and the penalties for violation. <br /> <br />Tobacco Regulations <br />Ord. No. 68 was adopted in 1998. The 2010 amendment, Ord. No. 115, has been incorporated into Ord. No. 68 <br />and has been reformatted to be consistent with other city ordinances. This ordinance regulates the sale, <br />distribution, possession, and use of tobacco and tobacco related devices, and the penalties for violation. <br /> <br />In 2019, the former President signed legislation to change the minimum age for tobacco and nicotine sales and <br />use from 18 years old to 21 years old. The legislation is referred to as “Tobacco 21” or “T21”. In August 2020, <br />Minnesota strengthened T21 by allowing local governments to conduct compliance checks. The proposed Ord. <br />No. 68, including the T21 State legislation and changes, are listed in Table 1. <br /> <br />Table 1: Proposed Changes to Ordinance No. 68 <br /> Current Proposed <br />Title “Tobacco Regulation“ “Tobacco and Nicotine Regulation” <br />Products <br />Regulated <br />“Tobacco, tobacco products, and <br />tobacco related devices” <br />“Tobacco; tobacco-related and electronic delivery <br />devices; and nicotine and lobelia products” <br />- Now referred to as “licensed products” for <br />conciseness <br />Age Minors/persons under the age of 18 Persons under the age of 21 years <br />Definitions Now includes a definition for “Electronic Delivery <br />Device”, “Licensed Products”, and “Nicotine or <br />Lobelia Product” <br />Controlled <br />Substance <br />(5.1.5) <br />“Containing opium, morphine, jimson <br />weed, bella donna, strychnos, <br />cocaine, marijuana, or other <br />deleterious, hallucinogenic, toxic, or <br />otherwise controlled substances <br />except nicotine and other substances <br />found naturally in tobacco or added as <br />part of an otherwise lawful <br />manufacturing process.” <br />No longer includes “marijuana” <br />Self-Service <br />Sales (6.1.1) <br />Exemptions for Cartons or Multi-Packs Removed <br />Fees All administrative fees and penalty <br />amounts are listed in the ordinance <br />All fees are now referred to “as determined by the <br />City’s adopted Fee Schedule” <br />Compliance <br />Checks (8.1) <br />15-17 years olds can participate in <br />compliance checks <br />17–20 year olds can participate in compliance <br />checks <br /> <br />Fee Schedule Updates <br />Along with the Ordinance updates listed above, Staff recommends that the City’s Fee Schedule be updated to <br />house any fees, fines, and other charges that are currently in the Gambling, Liquor, or Tobacco ordinances . <br />Having all fees within the Fee Schedule creates a more organized, transparent, and intuitive administrative <br />process. It also requires one ordinance to be updated, rather than individually updating every ordinance that <br />includes a fee.