HF 2089

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to commerce; regulating advertisements for 
  1.3             tobacco; restricting the placement of publicly visible 
  1.4             advertisements for tobacco; providing civil penalties; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 325E. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325E.255] [LEGISLATIVE INTENT; FINDINGS.] 
  1.9      The legislature intends to restrict tobacco advertising 
  1.10  where the tobacco advertising is likely to be seen by minors. 
  1.11     The legislature finds that tobacco advertising on 
  1.12  billboards and other publicly visible signs influences minors to 
  1.13  use, purchase, and attempt to purchase tobacco in violation of 
  1.14  state law; and, that tobacco advertising, when viewed by minors, 
  1.15  is advertising of an illegal activity. 
  1.16     Sec. 2.  [325E.256] [DEFINITIONS.] 
  1.17     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.18  apply to sections 1 to 5. 
  1.19     Subd. 2.  [FIXED SIGNAGE.] "Fixed signage" means any sign, 
  1.20  poster, placard, device, graphic display, or other form of 
  1.21  advertising secured on or to a publicly visible location. 
  1.22     Subd. 3.  [TOBACCO.] "Tobacco" has the definition in 
  1.23  section 609.685, subdivision 1. 
  1.24     Subd. 4.  [PUBLICLY VISIBLE LOCATION.] "Publicly visible 
  1.25  location" means a location visible from a public street, 
  1.26  sidewalk, highway, or park and includes outdoor billboards, 
  2.1   exteriors of buildings, windows and doors of buildings if the 
  2.2   fixed signage faces outward, freestanding signboards, bus 
  2.3   shelters, bus benches, and public buses. 
  2.4      Sec. 3.  [325E.257] [TOBACCO ADVERTISEMENTS RESTRICTION.] 
  2.5      No person shall place any fixed signage advertising tobacco 
  2.6   in a publicly visible location. 
  2.7      Sec. 4.  [325E.258] [EXCLUSIONS.] 
  2.8      Section 3 does not apply to: 
  2.9      (1) districts zoned by a local unit of government 
  2.10  exclusively for industrial use provided any fixed signage 
  2.11  advertising tobacco is not directed at traffic on an interstate, 
  2.12  state, or county highway; 
  2.13     (2) the interior of any building where tobacco is legally 
  2.14  sold at retail provided any fixed signage advertising tobacco on 
  2.15  a window or door faces inward; or 
  2.16     (3) fixed signage on the premises of any building where 
  2.17  tobacco is legally sold at retail, such as, "TOBACCO" or 
  2.18  "TOBACCO SOLD HERE" or other generic tobacco information. 
  2.19     Sec. 5.  [325E.259] [CIVIL PENALTY.] 
  2.20     A person who violates section 3 is subject to the penalties 
  2.21  and remedies of section 8.31.