HF 3457

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; restricting the placement of 
  1.3             outdoor advertisements for tobacco; permitting retail 
  1.4             vendors of tobacco to display certain outdoor 
  1.5             advertising; providing penalties; proposing coding for 
  1.6             new law in Minnesota Statutes, 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 finds and declares: 
  1.10     (1) the state supports classroom education about the 
  1.11  dangers of tobacco use, but this message is undercut by the 
  1.12  presence near schools of advertisements that encourage the use 
  1.13  of tobacco products; 
  1.14     (2) tobacco advertising near schools, child care centers, 
  1.15  and playgrounds is likely to be seen by minors, and, when viewed 
  1.16  by minors, is advertising of an illegal activity; 
  1.17     (3) tobacco advertising influences minors to use, purchase, 
  1.18  and attempt to purchase tobacco in violation of state laws; 
  1.19     (4) the United States Supreme Court has ruled that 
  1.20  commercial advertising may be regulated if the restrictions meet 
  1.21  a four-part test, including whether the advertising is deceptive 
  1.22  and misleading; 
  1.23     (5) although the federal Cigarette Labeling and Advertising 
  1.24  Act, United States Code, title 15, section 1331, et seq., 
  1.25  preempts states and localities from restricting cigarette 
  1.26  advertising based upon public health considerations, it does not 
  2.1   prevent measures directed at reducing the illegal purchase and 
  2.2   use of tobacco by minors; and 
  2.3      (6) eliminating tobacco advertising near schools, child 
  2.4   care centers, and playgrounds will help combat the illegal 
  2.5   purchase and use of tobacco by minors. 
  2.6      Sec. 2.  [325E.256] [DEFINITIONS.] 
  2.7      Subdivision 1.  [TERMS.] For the purposes of sections 
  2.8   325E.255 to 325E.260, the terms defined in this section have the 
  2.9   meanings given them. 
  2.10     Subd. 2.  [CHILD CARE CENTER.] "Child care center" means a 
  2.11  facility licensed under Minnesota Rules, chapter 9503. 
  2.12     Subd. 3.  [OUTDOOR ADVERTISING.] "Outdoor advertising" 
  2.13  means advertising visible from a public street, sidewalk, 
  2.14  highway, or park, and includes, but is not limited to:  
  2.15  billboards, freestanding signboards, signs, posters, placards, 
  2.16  displays, and fixed signage on buildings, bus shelters, buses or 
  2.17  taxis, and advertising located within a building or structure 
  2.18  but visible from a public street, sidewalk, highway, or park. 
  2.19     Subd. 4.  [PLAYGROUND.] "Playground" means an outdoor area 
  2.20  open to the public, including an area within a public park, that 
  2.21  contains play equipment such as a play structure, swing, sliding 
  2.22  board, jungle gym, sandbox or seesaw, a baseball diamond, soccer 
  2.23  field, or basketball court, or that is designated as a public 
  2.24  play area. 
  2.25     Subd. 5.  [SCHOOL.] "School" means a school as defined in 
  2.26  section 120.101, subdivision 4, other than home schools, and 
  2.27  includes the school buildings, facilities, and grounds. 
  2.28     Subd. 6.  [TOBACCO.] "Tobacco" has the meaning stated in 
  2.29  section 609.685, subdivision 1. 
  2.30     Sec. 3.  [325E.257] [OUTDOOR TOBACCO ADVERTISING PROHIBITED 
  2.31  NEAR SCHOOLS, CHILD CARE CENTERS, AND PLAYGROUNDS.] 
  2.32     Except as provided in section 325E.258, outdoor advertising 
  2.33  of tobacco is prohibited within 2,000 feet of the perimeter of a 
  2.34  school, playground, or child care center. 
  2.35     Sec. 4.  [325E.258] [EXCEPTION FOR CERTAIN RETAIL 
  2.36  ADVERTISEMENTS.] 
  3.1      Notwithstanding the provisions of section 325E.257, 
  3.2   licensed retailers of tobacco may display tobacco price and 
  3.3   availability information outside their premises, but no such 
  3.4   display may bear the brand name, logo, symbol, motto, selling 
  3.5   message, recognizable color or pattern of colors, or any other 
  3.6   indicia of product identification similar to or identifiable 
  3.7   with those used for any brand of cigarettes, smokeless tobacco, 
  3.8   or cigars. 
  3.9      Sec. 5.  [325E.259] [REMEDIES.] 
  3.10     Violation of sections 325E.255 to 325E.258 is subject to 
  3.11  the penalties and remedies of section 8.31. 
  3.12     Sec. 6.  [325E.260] [NO PREEMPTION.] 
  3.13     Nothing in sections 325E.255 to 325E.259 preempts a local 
  3.14  ordinance that provides for more restrictive regulation.