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33 Tobacco Shop Considerations 34 In addition to considering whether to amend City Code to reflect the expanded definition of tobacco 35 products, the Council is also asked to consider amending City Code to regulate the types of activities that 36 can occur in a tobacco shop. 37 38 Currently, the City Code is largely absent when it comes to regulating "tobacco shops ", deferring again to 39 State Statute for guidance. State Statute 144.4167, subd 4 defines "tobacco shops" (in a particular context) 4o as: 41 42 Subd. 4.Tobacco products shop. 43 Sections 144.414 to 144.417 do not prohibit the lighting of tobacco in a tobacco 44 products shop by a customer or potential customer for the specific purpose of sampling 45 tobacco products (emphasis added). For the purposes of this subdivision, a tobacco 46 products shop is a retail establishment with an entrance door opening directly to the 47 outside that derives more than 90 percent of its gross revenue from the sale of loose 48 tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for 49 burning tobacco and related smoking accessories and in which the sale of other products 50 is merely incidental. "Tobacco products shop" does not include a tobacco department or 51 section of any individual business establishment with any type of liquor, food, or 52 restaurant license. 53 54 This definition stems from the Minnesota Clean Indoor Act of 1975 and the Freedom to Breathe Act of 2007 55 which regulated where smoking could occur indoors. While the definition of a tobacco shop is defined, the 56 term "sampling" is not. This is important distinction because a new type of tobacco establishment has been 57 emerging in the Twin Cities area that is significantly different than what we might think of as `traditional' 58 tobacco shops. They are known as "hookah lounges ", "hookah bars ", or "hookah cafes ". 59 6o For purposes of this discussion, a `traditional' tobacco shop can be categorized as a place where people can 61 sample tobacco products for a brief period of time before deciding whether to make a purchase. One might 62 suggest that the sample would be represented by a very small portion of a cigar or pouch of pipe tobacco for 63 example. It would therefore be reasonable for a prospective buyer to spend a minute or two to sample the 64 product before making the purchase for consumption away from the premises. 65 66 In contrast, hookah lounges market themselves as a social destination or hangout. Hookah lounges typically 67 feature sofas, chairs, tables, and televisions. Patrons are invited to smoke /inhale tobacco products over an 68 extended period of time either as individuals or in a group setting where everyone consumes the same 69 product selection. It would not be unusual for a patron to consume tobacco products and /or remain in a 7o hookah lounge for an hour or more. It could be argued that this surpasses the concept of "sampling" 71 contemplated in the Clean Indoor and Freedom to Breathe Acts. Further description of `hookah lounges' is 72 included in Attachment B. 73 74 Finally, because hookah lounges market themselves as a social destination, the Council may want to 75 establish specific hours of operations or establish other conditions similar to other regulated industries. In 76 addition, the Council may want to consider how a hookah lounge might have impacts in multi- tenant 77 buildings that share ventilation systems. There may be other public safety considerations as well. 78 POLICY OBJECTIVE 79 The Council is asked to consider whether the revised definition of tobacco products should be included in 80 City Code, and whether the City ought to further regulate tobacco shops. Page 2 of 5