12-08-1997 Council Packet - Laserfiche WebLink

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Both the federal and state actions require the city to reconsider the current tobacco licensing ordinance. The following questions need to be answered. 1. Should the city continue licensing tobacco sales or defer this responsibility to the county? Should the city undertake the required "sting ” operations? The reasons to continue this regulation at the city level are: ► The regulation would be enforced by the governmental agency closest to the people. The city is in a position to be more responsive to perceived problems. The city encompasses a smaller area than the county but is large enough to have an enforcement staff to administer the regulations. ► Traditionally, this city has opted for city control over matters that could be given to the county. The reasons to defer to the county are: ► The state law invades the enforcement discretion traditionally left to the local units of government. It mandates certain penalties and enforcement procedures. ► Recently, Orono has avoided the use of "sting" operations, choosing to work with its businesses rather than trying to "nail" someone. ► The sting operations would require an additional amount of time for enforcement personnel because these are required for each licensee each year. Although the state law allows cities to raise their licensing fees to cover the costs of increased enforcement, there would still be an additional administrative burden placed on staff. Further, the law imposes the Legislature's "micro-managing" rather than allowing each city to determine its own enforcement priorities. Because of concerns particularly about the "sting" operations, some cities are opting to defer the licensing authority to the county. Rochester (pop. 77,000) is one such city. Therefore, the city must make a decision about whether it wishes to continue licensing tobacco sales under the restrictions imposed by the Legislature. Despite the traditional reluctance to use sting operations, the Council could decide that it is appropriate to ‘•tart using this enforcement technique. Some cities have achieved some dramatic reductions in sales to minors as a result of this enforcement method. As an example, Edina started "stings" for tobacco sales about three years ago. During the first operation, approx. 50% of the businesses sold to minors. In subsequent operations, there have been very few violations. One operation found 100% compliance. STAFF RECOMMENDATION To approve City Tobacco Ordinance. COUNCIL ACTION REQUESTED Adopt proposed ordinance and the changes required by state and federal law.