Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 227-H.F.No. 117
An act relating to commerce; requiring local units of
government to license the retail sale of tobacco;
providing for mandatory penalties against license
holders for sales to minors; requiring compliance
checks; restricting self-service sales; requiring
disclosure of specified substances in tobacco
products; prescribing penalties; amending Minnesota
Statutes 1996, sections 171.171; 260.195, subdivisions
3 and 3a; and 461.12; proposing coding for new law in
Minnesota Statutes, chapter 461; repealing Minnesota
Statutes 1996, section 325E.075.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 171.171, is
amended to read:
171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC
BEVERAGES OR TOBACCO PRODUCTS.]
The commissioner shall suspend for a period of 90 days the
license of a person who:
(1) is under the age of 21 years and is convicted of
purchasing or attempting to purchase an alcoholic beverage in
violation of section 340A.503 if the person used a drivers
license, permit or Minnesota identification card to purchase or
attempt to purchase the alcoholic beverage; or
(2) is convicted under section 171.22, subdivision 1,
clause (2), or 340A.503, subdivision 2, clause (3), of lending
or knowingly permitting a person under the age of 21 years to
use the person's driver's license, permit or Minnesota
identification card to purchase or attempt to purchase an
alcoholic beverage;
(3) is under the age of 18 years and is found by a court to
have committed a petty misdemeanor under section 609.685,
subdivision 3, if the person used a driver's license, permit, or
Minnesota identification card to purchase or attempt to purchase
the tobacco product; or
(4) is convicted under section 171.22, subdivision 1,
clause (2), of lending or knowingly permitting a person under
the age of 18 years to use the person's driver's license,
permit, or Minnesota identification card to purchase or attempt
to purchase a tobacco product.
Sec. 2. Minnesota Statutes 1996, section 260.195,
subdivision 3, is amended to read:
Subd. 3. [DISPOSITIONS.] If the juvenile court finds that
a child is a petty offender, the court may:
(a) require the child to pay a fine of up to $100;
(b) require the child to participate in a community service
project;
(c) require the child to participate in a drug awareness
program;
(d) place the child on probation for up to six months;
(e) order the child to undergo a chemical dependency
evaluation and if warranted by this evaluation, order
participation by the child in an outpatient chemical dependency
treatment program;
(f) order the child to make restitution to the victim; or
(g) perform any other activities or participate in any
other outpatient treatment programs deemed appropriate by the
court.
In all cases where the juvenile court finds that a child
has purchased or attempted to purchase an alcoholic beverage in
violation of section 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's
license, permit or Minnesota identification card to purchase or
attempt to purchase the alcoholic beverage, the court shall
forward its finding in the case and the child's driver's license
or permit to the commissioner of public safety. Upon receipt,
the commissioner shall suspend the child's license or permit for
a period of 90 days.
In all cases where the juvenile court finds that a child
has purchased or attempted to purchase tobacco in violation of
section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's
license, permit, or Minnesota identification card to purchase or
attempt to purchase tobacco, the court shall forward its finding
in the case and the child's driver's license or permit to the
commissioner of public safety. Upon receipt, the commissioner
shall suspend the child's license or permit for a period of 90
days.
None of the dispositional alternatives described in clauses
(a) to (f) shall be imposed by the court in a manner which would
cause an undue hardship upon the child.
Sec. 3. Minnesota Statutes 1996, section 260.195,
subdivision 3a, is amended to read:
Subd. 3a. [ENHANCED DISPOSITIONS.] If the juvenile court
finds that a child has committed a second or subsequent juvenile
alcohol or controlled substance offense, the court may impose
any of the dispositional alternatives described in paragraphs
(a) to (c). If the juvenile court finds that a child has
committed a second or subsequent juvenile tobacco offense, the
court may impose any of the dispositional alternatives described
in paragraphs (a) to (c).
(a) The court may impose any of the dispositional
alternatives described in subdivision 3, clauses (a) to (f).
(b) If the adjudicated petty offender has a driver's
license or permit, the court may forward the license or permit
to the commissioner of public safety. The commissioner shall
revoke the petty offender's driver's license or permit until the
offender reaches the age of 18 years or for a period of one
year, whichever is longer.
(c) If the adjudicated petty offender has a driver's
license or permit, the court may suspend the driver's license or
permit for a period of up to 90 days, but may allow the offender
driving privileges as necessary to travel to and from work.
(d) If the adjudicated petty offender does not have a
driver's license or permit, the court may prepare an order of
denial of driving privileges. The order must provide that the
petty offender will not be granted driving privileges until the
offender reaches the age of 18 years or for a period of one
year, whichever is longer. The court shall forward the order to
the commissioner of public safety. The commissioner shall deny
the offender's eligibility for a driver's license under section
171.04, for the period stated in the court order.
Sec. 4. Minnesota Statutes 1996, section 461.12, is
amended to read:
461.12 [MUNICIPAL CIGARETTE TOBACCO LICENSE.]
Subdivision 1. [AUTHORIZATION.] The A town board or the
governing body of each town and a home rule charter and or
statutory city may license and regulate the retail sale at
retail of cigarettes, cigarette paper, or cigarette
wrappers tobacco as defined in section 609.685, subdivision 1,
and fix the establish a license fee for sales to recover the
estimated cost of enforcing this chapter. The town or city may
charge a uniform annual fee for all sellers or different annual
fees for different classes of sellers. It may provide for the
punishment of any violation of the regulations, and make other
provisions for the regulation of the sale of cigarettes within
its jurisdiction as are permitted by law. The county board may
make like provisions for licensing and regulating the sale of
cigarettes in shall license and regulate the sale of tobacco in
unorganized territory. The provisions of this section shall not
apply to the licensing of sale of cigarettes in cars of common
carriers of the county and in a town or a home rule charter or
statutory city if the town or city does not license and regulate
retail tobacco sales. Retail establishments licensed by a town
or city to sell tobacco are not required to obtain a second
license for the same location under the licensing ordinance of
the county.
Subd. 2. [ADMINISTRATIVE PENALTIES; LICENSEES.] If a
licensee or employee of a licensee sells tobacco to a person
under the age of 18 years, or violates any other provision of
this chapter, the licensee shall be charged an administrative
penalty of $75. An administrative penalty of $200 must be
imposed for a second violation at the same location within 24
months after the initial violation. For a third violation at
the same location within 24 months after the initial violation,
an administrative penalty of $250 must be imposed, and the
licensee's authority to sell tobacco at that location must be
suspended for not less than seven days. No suspension or
penalty may take effect until the licensee has received notice,
served personally or by mail, of the alleged violation and an
opportunity for a hearing before a person authorized by the
licensing authority to conduct the hearing. A decision that a
violation has occurred must be in writing.
Subd. 3. [ADMINISTRATIVE PENALTY; INDIVIDUALS.] An
individual who sells tobacco to a person under the age of 18
years must be charged an administrative penalty of $50. No
penalty may be imposed until the individual has received notice,
served personally or by mail, of the alleged violation and an
opportunity for a hearing before a person authorized by the
licensing authority to conduct the hearing. A decision that a
violation has occurred must be in writing.
Subd. 4. [MINORS.] The licensing authority shall consult
with interested educators, parents, children, and
representatives of the court system to develop alternative
penalties for minors who purchase, possess, and consume
tobacco. The licensing authority and the interested persons
shall consider a variety of options, including, but not limited
to, tobacco free education programs, notice to schools, parents,
community service, and other court diversion programs.
Subd. 5. [COMPLIANCE CHECKS.] A licensing authority shall
conduct unannounced compliance checks at least once each
calendar year at each location where tobacco is sold to test
compliance with section 609.685. Compliance checks must involve
minors over the age of 15, but under the age of 18, who, with
the prior written consent of a parent or guardian, attempt to
purchase tobacco under the direct supervision of a law
enforcement officer or an employee of the licensing authority.
Subd. 6. [DEFENSE.] It is an affirmative defense to the
charge of selling tobacco to a person under the age of 18 years
in violation of subdivision 2 or 3 that the licensee or
individual making the sale relied in good faith upon proof of
age as described in section 340A.503, subdivision 6.
Subd. 7. [JUDICIAL REVIEW.] Any person aggrieved by a
decision under subdivision 2 or 3 may have the decision reviewed
in the district court in the same manner and procedure as
provided in section 462.361.
Sec. 5. [461.17] [MANUFACTURERS TO REPORT CERTAIN
SUBSTANCES TO ASSIST IN ENFORCEMENT OF LOCAL ORDINANCES.]
Subdivision 1. [ANNUAL REPORT REQUIRED.] Each manufacturer
of tobacco products sold in Minnesota shall provide the
commissioner of health with an annual report, either on paper or
by electronic means. The report shall be provided in a form and
at a time specified by the commissioner, identifying, for each
brand of such product, any of the following substances present
in detectable levels in the product in its unburned state and if
the product is typically burned when consumed, in its burned
state:
(1) ammonia or any compound of ammonia;
(2) arsenic;
(3) cadmium;
(4) formaldehyde; and
(5) lead.
The form for annual reports under this section is not a
rule for purposes of chapter 14, including section 14.386.
Subd. 2. [ASSISTANCE TO LOCAL GOVERNMENTS.] Upon request,
the commissioner shall provide a local government unit with a
copy of reports filed under this section, to assist in the
enforcement of local ordinances.
Subd. 3. [PUBLIC DATA.] Reports under this section are
public data.
Sec. 6. [461.18] [SELF-SERVICE SALES RESTRICTED.]
Subdivision 1. [SELF-SERVICE SALES OF SINGLE PACKAGES
RESTRICTED.] (a) No person shall offer for sale single packages
of cigarettes or smokeless tobacco in open displays which are
accessible to the public without the intervention of a store
employee.
(b) Cartons and other multipack units may be offered and
sold through open displays accessible to the public.
(c) Paragraph (b) expires on the effective date of
subdivision 3.
(d) This subdivision shall not apply to retail stores which
derive at least 90 percent of their revenue from tobacco and
tobacco-related products and which cannot be entered at any time
by persons younger than 18 years of age.
Subd. 2. [VENDING MACHINE SALES PROHIBITED.] No person
shall sell tobacco products from vending machines. This
subdivision does not apply to vending machines in facilities
that cannot be entered at any time by persons younger than 18
years of age.
Subd. 3. [FEDERAL REGULATIONS.] Code of Federal
Regulations, title 21, part 897.16(c), is incorporated by
reference with respect to cartons and other multipack units.
Sec. 7. [461.19] [EFFECT ON LOCAL ORDINANCE; NOTICE.]
Sections 461.12 to 461.18 do not preempt a local ordinance
that provides for more restrictive regulation of tobacco sales.
A governing body shall give notice of its intention to consider
adoption or substantial amendment of any local ordinance
required under section 4 or permitted under this section. The
governing body shall take reasonable steps to send notice by
mail at least 30 days prior to the meeting to the last known
address of each licensee or person required to hold a license
under section 4. The notice shall state the time, place, and
date of the meeting and the subject matter of the proposed
ordinance.
Sec. 8. [REPEALER.]
Minnesota Statutes 1996, section 325E.075, is repealed.
Sec. 9. [EFFECTIVE DATE.]
Section 6, subdivision 3, is effective upon the
implementation of Code of Federal Regulations, title 21, part
897.16(c).
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes