HomeMy WebLinkAbout03-09-2026 - Agenda Packet City Council - work sessionAgenda
City Council Work Session
Monday, March 9, 2026, 5:00 PM
City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 /oronomn.gov
1. Tobacco Ordinances
Roll Call
Work Session Item
Adjournment
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1
Date: March 9, 2026 Item: 1
Presenter: Christine Lusian, City Clerk
Section: Work Session Item
Title: Tobacco Ordinances
1.Purpose:
Receive Council guidance on tobacco policy options.
2.Background:
Presenters Jackie Siewert with Hennepin County Public Health and Emily Anderson with the
Association for Nonsmokers Minnesota will provide commercial tobacco information to guide
council with data and best practices related to the two Orono ordinance sections (5.12 relating to
tobacco sales and 5.16 related to smoke-free places). Presenters will provide background
information on the impacts of commercial tobacco in the community, state and federal updates,
and policy considerations, such as ending the sale of flavored tobacco products and expanding
commercial tobacco use restrictions.
Hennepin County Public Health works to improve the health of all county residents by addressing
social and environmental factors that impact their health and offering programs and services that
help them be healthy. The department is committed to advancing race and health equity. It
recognizes racism as a public health crisis and is working to support and co-create solutions with
impacted communities.
The Association for Nonsmokers-Minnesota (ANSR) is dedicated to reducing the human and
economic costs of commercial tobacco, nicotine and other drug use in Minnesota. Their core
commitments are to protect young people from a lifetime of addiction, ensure that we all can
breathe clean, smoke-free air everywhere and reduce health inequities and other disparities in
relation to commercial tobacco, nicotine and other drugs.
Hennepin County Public Health and ANSR work in partnership with the Public Health Law Center
(PHLC). PHLC provides free legal technical assistance across Minnesota on a wide range of
commercial tobacco control policies. PHLC assisted with drafting Orono’s September 2025
tobacco sales ordinance revisions and can assist with drafting further revisions.
3.Process:
Ordinance amendments typically follow the process outlined below:
Preliminary Council discussions
Staff revisions and legal review
Public notice of proposed amendment
Council consideration and vote
Publication of adopted ordinance
Depending on the amendments adopted, a timeline and implementation plan could be incorporated
into the following year’s work plan, including updates to licensing procedures, communication
AGENDA ITEM
2
with affected businesses and the community, and integration of the changes into existing
compliance and enforcement activities.
4.Staff Recommendation:
Receive information, provide direction on revisions to commercial tobacco-related controls in our
community, and offer input on potential future related goals or initiatives.
COUNCIL ACTION REQUESTED
Members of Council are invited to provide direction on revisions to commercial tobacco-related
controls in our community and offer input on potential future related goals or initiatives.
Exhibits
1. Presentation (staff)
2. Presentation (HCPH & ANSR)
3. Commercial Tobacco Profile (HCPH & ANSR)
4. Flavored Tobacco Policy Map (HCPH & ANSR)
5. Retailer Assessment Results (HCPH & ANSR)
6. Tobacco Sales 5.12 (existing ordinance)
7. Smoke-free Places 5.16 (existing ordinance)
3
Ordinance Review: Tobacco
Orono City Code Chapter 5.12 and 5.16
City Council Work SessionMarch 9, 2026
4
Work session focus
Tonight’s goals are:
•Provide background information
•Receive Council guidance on priority policies, as well as longer-term future work
5
Smoke -free places
Recommended updates
•Include smoked or vaped cannabis
•Require 25-foot smoke-free setback from entrances, windows, ventilation
•Remove exemptions for golf course and designated smoking areas
•Update definitions, intent/findings, and enforcement best practices
Future
•Consider a smoke-free housing ordinance to further protect the community from
secondhand smoke
6
Tobacco sales
Recommended updates
•Prohibit the sale of flavored tobacco products
•Cap the number of tobacco retailer licenses issued by the city
•Set minimum prices and pack sizes
•Prohibit use of coupons and discounts
•Increase license fees
•Increase penalties
Future
•Consider a nicotine free generation policy
•Consider policies that reduce the environmental impact of tobacco product waste
7
Next steps
Summary
•Reviewed the existing ordinances and recommended changes
•Broader considerations may inform future updates
Guidance Requested
•Is there support for all recommended updates at this time?
•Are there areas Council would like staff to explore longer-term?
8
Discussion and Staff Contact
Christine Lusian, City Clerkclusian@oronomn.gov
Ordinance Review: Tobacco
9
Commercial Tobacco Prevention:
Policy, Systems, and Environmental
Change
Orono Council Work Session
March 9, 2026
Emily Anderson & Molly Schmidtke
Association for Nonsmokers -MN
10
Agenda
And Council discussion
What are the impacts on
our community?
What can be done at the
local level?
What has already been
done?
01
0402
03
Tobacco Industry
Policy
Considerations Questions
State and Federal
Updates
11
Who We Are
The Association for Nonsmokers-Minnesota (ANSR) is
dedicated to reducing the human and economic costs of
commercial tobacco, nicotine and other drug use in
Minnesota. Our core commitments are:
●to protect young Minnesotans from a lifetime of
addiction;
●to ensure that all Minnesotans can breathe
clean, smoke-free air everywhere; and
●reduce health inequities and other disparities in
relation to commercial tobacco, nicotine and
other drugs.
12
Swiss Cheese Model
13
Tobacco Industry Targeting
14
Commercial Tobacco Use
is Still a Problem
In Minnesota, one in seven 11th graders uses e-cigarettes, and 90 percent
of those students use flavored e-cigarettes.
The tobacco industry targets Black, LGBTQ+,American Indians and young
people and spends more than $100 million a year marketing their products
in Minnesota.
Commercial tobacco use sets kids up for a lifetime of nicotine addiction
and serious health conditions like heart disease and cancer.
15
All Minnesotans Pay the Price for
Commercial Tobacco’s Harm
Commercial tobacco use remains the leading cause of preventable death
and disease, taking the lives of more than 6,300 Minnesotans each year.
Smoking costs the state over $9 billion a year: more than $4.7 billion in
excess health care costs and $4.7 billion in lost productivity.
Every time Big Tobacco addicts another generation of kids to smoking,
they put all taxpayers on the hook for billions of dollars in healthcare
costs to treat tobacco-related diseases.
16
Tobacco Industry Targeting Impacts
Current smoking rate among Minnesota subset populations
17
Hennepin County
Commercial Tobacco Profile
Sources: Blue Cross and Blue Shield of Minnesota Cost of Smoking Report, MDH Vital Statistics, CDC PLACES: Local Data for Bet ter
Health, County Data, Behavioral Risk Factor Surveillance System, Minnesota Student Survey, and U.S. Census Population Estimat es 18
Tobacco Industry Targeting:
Flavored Products
90% of MN
Middle and High
School Students who
use tobacco products
use flavored products.
Source: MN Youth Tobacco Survey, 2023
Appeal
19
Tobacco Industry Targeting:
Countless Flavors Appeal
2007
Cig a like
2009
Vape Pen
2012
Mod
2015
Juul – the first Pod Mod
2017
Copycat Pod Mods
2019
Disposable Pod Mods/Vapes
2022
Disposables and high nicotine levels
2021
Disposable Synthetic Nicotine Vape
20
Tobacco Industry Targeting:
Countless Flavors - Current Appeal
21
Minnesota Student Survey Data
Minnesota Student Survey, 2025
8.6%
4%
2.9%
7%
2.4%
1.4%1.2%
4.7%
6.4%
22
“I don’t smoke, I just vape…”
E-cigarettes are the most common tobacco
product currently used (use on 1 or more days
in the past 30 days) by 1.63 million of America’s
middle school and high school students.
●Almost 4 in 10 students reported frequent use
(use on 20 or more days in the past 30 days);
and
●Slightly more than 1 in 4 reported daily use.
Source: Park-Lee E, Jamal A, Cowan H, et al. Notes from the Field: E-Cigarette and Nicotine Pouch Use Among
Middle and High School Students — United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:774–778. DOI:
http://dx.doi.org/10.15585/mmwr.mm7335a3 23
Minnesota Youth Tobacco Survey, 2023
24
Minnesota Youth Tobacco Survey, 2023
Continued
25
The Impact of Nicotine on the
Adolescent Brain
●No amount of nicotine is safe for young people.
●Nicotine is highly addictive and a stimulant.
●Youth exposed to nicotine are more likely to use other
substances.
●4 in 5 Minnesota teens who vape may be nicotine
dependent.
26
Social Media Influences
27
Tobacco Industry Targeting
28
Tobacco Industry Targeting Cont.
29
Menthol Tobacco = Harder to Quit
•Menthol increases nicotine absorption, leading to greater
dependence.
•Among high school smokers, those who smoke menthols are more
likely to smoke within one hour of waking and more likely to report
cravings compared to high school smokers of non -menthols.
Wackowski & Delnevo, 2007. Menthol cigarettes and indicators of tobacco dependence
among adolescents. Addictive Behaviors, 32(9), 1964-1969.
30
African Americans Use Menthol More Than
Other Racial/Ethnic Groups
Smoking Incidence from NHIS 2009; menthol preference from NSDUH 2009; Giovino GA,
Villanti AC, Mowery PD, et al. Differential trends in cigarette smoking in the USA: Is
menthol slowing progress? Tobacco Control. 2013.
31
African Americans Adult Smokers Who Use
Menthol
Smoking Incidence from NHIS 2009; menthol preference from NSDUH 2009; Giovino GA,
Villanti AC, Mowery PD, et al. Differential trends in cigarette smoking in the USA: Is
menthol slowing progress? Tobacco Control. 2013.
32
Menthol: Tobacco Industry Targeting
•There is sufficient research to confirm that tobacco
companies targeted youth, women, and African Americans
with menthol marketing
•Research also suggests that tobacco companies targeted
Latinos, Asians, and Hawaiian/Pacific Islanders
33
Tobacco Industry Menthol Advertisements
Sources: http://tobacco.stanford.edu/
http://tobacco.stanford.edu/
www.trinketsandtrash.org
1975 2015
34
Tobacco Industry Greenwashing
35
Menthol Example
●A proposed menthol ban in the US would cut
littering by 3.8 billion cigarette butts annually
○1.7 million pounds of waste each
year
●This would have a huge environmental impact!
Craig LV, Chung-Hall J, Meng G, Fong GT. Calculating the potential environmental impact of a menthol cigarette ban in the USA. Tobacco
Control. 2022. doi:10.1136/tc-2022-057563
36
Vape Waste is Toxic E-Waste
Vape waste creates three big environmental problems:
1.Increase in single-use plastics
2.Introduces hazardous and toxic chemicals like nicotine into the environment when thrown out
3.Increases tech waste, including lithium-ion batteries (which are also considered toxic waste).
37
What’s New: Federal, State and Local
Commercial Tobacco Regulations
38
Federal Updates
1.Tobacco 21 (2019)
2.Few restrictions on flavored vaping products
3.FDA declared menthol harmful, but has yet to act.
39
FDA Authorization
40
Minnesota Tobacco 21, etc.
●Increased age to purchase to 21 from 18 yrs old;
●Removed Purchase, Use and Possession (PUP)
penalties for young people;
●Hold retailers accountable for responsible sales;
●Verification of age for those under 30; and
●Signage posted at the point-of-sale.
41
Recent City of Orono Updates
Fall 2025
●Updated language and definitions to match state law;
●Removed purchase, use, and possession penalties
against youth; and
●Prohibited “sampling” (i.e. indoor smoking in tobacco
products shops)
42
What’s Next?
More Commercial Tobacco Prevention
Best Practices
AppealAccessibility
43
Best Practices: Policy Options
to Address Appeal, Access, & Affordability
●Ending the sale of flavored commercial tobacco products;
●Limiting the number of licensed tobacco retailers;
●Price discounting: minimum pack prices and prohibiting the
redemption of coupons; and
●Increased penalties for ordinance violations.
44
Ending the Sale of Flavored Commercial
Tobacco Products
Local tobacco control policies are associated with lower smoking rates, especially
among disadvantaged populations. Strengthening and expanding these policies
may be an effective strategy to further reduce tobacco-related disparities.
Yu Y, Toy P, Yue D,et al. Tob Control Epub ahead of print: 15, July, 2025. doi:10.1136/tc -2024-059213
Flavors play a key role in commercial tobacco use. Because flavors are
particularly appealing to young people, eliminating flavors in commercial tobacco
products is expected to lead to reduction in commercial tobacco use and
commercial tobacco-related health disparities.
U.S. Department of Health and Human Services. Eliminating Tobacco-Related Disease and Death: Addressing Disparities—A
Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2024.
45
MN Communities with Flavored Policy
Appeal
Access-
ibility
Appeal
46
Hennepin
County
Communities
with Flavored
Policy
47
Cap Retail Tobacco Licenses
Restricting the number of tobacco licenses allowed in a community is
a way to decrease commercial tobacco in a community.
Research shows that the location and density of commercial
tobacco-related product retailers influences tobacco-related
product use and worsens health disparities.
Access-
ibility
48
Capping: What have other
Communities Done?
»Columbia Heights: No more than three (3) tobacco shops.
»Saint Anthony Village: Capped their licenses at 0. Currently have five (five). No new
licenses will be issued, and through attrition it will be 0.
»Bloomington: Capped their licenses at 0. Through attrition, the city will get down to zero
tobacco licenses.
»Little Canada: Capped their licenses at 0. Currently have seven (7). No new licenses will be
issued, and through attrition it will be 0.
»New Brighton: Capped the number of licensed tobacco shops to four (4) currently seven
(7).
»Roseville: Capped their tobacco shops are the current four (4).
»Richfield: Capped their licenses at four (4). Through attrition, the city will get down to 4
total tobacco licenses.
Access-
ibility
49
Price Discounting & Coupons
»Among Minnesota smokers, about 50% have used
coupons or promotions in the past year to save money
on cigarettes.
»Coupons foster nicotine addiction in young smokers and
keep heavy smokers addicted.
»Minnesota adult smokers who redeemed cigarette
coupons were much less likely to quit smoking than
those who didn’t use coupons.
Sources:
Stat: from MATS survey 2014
Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300
Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults.
Appeal
Access-
ibility
Appeal
50
Price Discounting and Coupons: What have other
Communities Done?
»Columbia Heights: Ended the use of commercial tobacco coupons and price
discounts including in-store promotions like “Buy One, Get One Free”. Set a
minimum price for cigarettes and chewing tobacco at $12 each and vapes at $20
each.
»Saint Anthony Village: Ended the use of commercial tobacco coupons and price
discounts including in-store promotions like “Buy One, Get One Free”. Set a
minimum price for cigarettes and chewing tobacco at $15 each and vapes at $20
each.
»Minneapolis: Ended the use of commercial tobacco coupons and price discounts
including in-store promotions like “Buy One, Get One Free”. Set a minimum price
for cigarettes and chewing tobacco at $15 each and vapes at $25 each.
»St. Paul: Ended the use of commercial tobacco coupons and price discounts
including in-store promotions like “Buy One, Get One Free”. Set a minimum price
for cigarettes and chewing tobacco at $10 each.
Access-
ibility
Appeal
51
Penalties & Violations
MN State Minimum:
1st Offense: $300
2nd Offense w/in 36mo: $600
3rd Offense w/in 36mo: $1,000 & 7
day (minimum) license suspension
Loretto:
1st Offense: $500 and suspension for up
to 10 days
2nd Offense w/in 36mo: $750 and
suspension for up to 20 days
3rd Offense w/in 36mo: $1,000 & 30-day
suspension
St. Louis Park
1st Offense: $500
2nd Offense w/in 36mo: $1,000 and
1-day license suspension
3rd Offense w/in 36mo: $2,000 &
30-day license suspension
4th violations w/in 36th mo:
Revocation
Access-
ibility
52
Purchase, Use, and Possession (PUP) Penalties
●A city’s tobacco ordinance and associated resources should focus on
retailers, not those who use commercial tobacco.
●There is no strong evidence that PUP penalties are effective in significantly
reducing youth smoking.
●Historically, PUP laws were lobbied for by the commercial tobacco industry
to punish youth users while the industry simultaneously targeted and
addicted youth.
●PUP penalties could open the door to selective enforcement against youth
from certain racial, ethnic, and socio-economic groups.
●Bottom Line: Cities that currently have PUP penalties no longer
aligning with state law should consider removing those penalties
from their ordinance.
53
Why Address Commercial Tobacco Locally?
●Why Flavors? The vast majority of the tobacco products youth are using are flavored;
nearly 80 percent of youth who ever tried tobacco started with a flavored tobacco product.
And 95% of tobacco users start before they are 21. Prevention is key.
●Of MN Adults who smoke menthol, about half said they would quit smoking if menthol
cigarettes were no longer sold in the United States. (MATS, 2014)
●Why Capping? Research shows that the location and density of commercial tobacco -
related product retailers influences tobacco-related product use and worsens health
disparities.
●Why Price Discounting? This comprehensive tobacco ordinance will make commercial
tobacco products less accessible and appealing to young people and will protect youth,
Black, Indigenous, LGBTQIA+ and other residents from industry targeting.
●Why Increased Penalties? State minimum fines were increased in 2020. Selling tobacco
is a privilege and we must hold retailers accountable.
54
Swiss Cheese Model
55
Thank You! Questions?
Emily Anderson, MA
Director of Policy,
Association for Nonsmokers-MN
emily@ansrmn.org
651-646-3005
Molly Schmidtke, MPH, CHES
Policy & Technical Assistance
Manager
Association for Nonsmokers-MN
molly@ansrmn.org
651-646-3005
56
Orono Commercial Tobacco-Free Parks and Worksites
Jackie Siewert
Hennepin County Public Health
March 9, 2026
57
Commercial tobacco vs. traditional tobacco
Traditional tobacco: tobacco and/or other plant
mixtures grown or harvested and used by
American Indians and Alaska Natives for
ceremonial or medicinal purposes
Commercial tobacco: tobacco manufactured by
companies for recreational and habitual use in
cigarettes, e-cigarettes, smokeless tobacco, etc.
Commercial tobacco is mass-produced and sold
for profit. It is linked with death and disease.
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 58
A lot has changed…
…since the Orono Tobacco-Free Parks
and Workplaces Act was adopted in
2012.
E-cigarette use among youth increased
dramatically
The tobacco industry created more new
products like nicotine pouches
Adult-use cannabis was legalized in
Minnesota in 2023
The tobacco industry spent nearly $1
million each hour marketing its products
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 59
Commercial tobacco is still a problem
•Commercial tobacco is still the #1 cause of
preventable death and disease in the U.S.
•In 2021:
•Minnesotans paid $824 per resident in excess
smoking-related health care expenses
•There were 6,530 deaths attributable to
smoking in Minnesota
•Premature death due to smoking led to
approximately 81,000 years of potential life lost
and about $4.7 billion in lost productivity
(BlueCross BlueShield Minnesota, The Cost of Smoking Report,
2023)
•Everyone pays the price of tobacco-related harm.
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 60
A reminder about secondhand smoke
•There is no risk-free level of exposure to secondhand smoke,
even outdoors (U.S. Surgeon General, 2006)
•In adults, secondhand smoke exposure can cause heart disease,
stroke, and cancer (About Secondhand Smoke | Smoking and Tobacco Use | CDC)
•In children, secondhand smoke exposure can cause respiratory
infections, asthma, and Sudden Infant Death Syndrome (SIDS)
(About Secondhand Smoke | Smoking and Tobacco Use | CDC)
•Secondhand cannabis smoke contains many of the same
chemicals found in secondhand tobacco smoke (Cannabis and
Secondhand Smoke | Cannabis and Public Health | CDC)
•E-cigarette aerosol can contain nicotine, cancer-causing
chemicals, heavy metals, tiny particles, volatile organic
compounds, and flavorings (About E-Cigarettes (Vapes) | Smoking and Tobacco
Use | CDC)
Photo credit: Association for Nonsmokers- Minnesota
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 61
What it does What it does not do
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026
Minnesota Clean Indoor Air Act (MCIAA)
Prohibits smoking (including vaping and
cannabis) in most indoor public places and
workplaces
•Does not prohibit smoking in outdoor
areas
•Does not prohibit smoking in multi-unit
housing
•Note: The MCIAA has many other
exemptions listed here: Minnesota Clean
Indoor Air Act (MCIAA) - MN Dept. of
Health
62
A note about multi-unit housing
•Multi-unit housing is one of the most common
places where people are exposed to
secondhand smoke
•In multi-unit housing, secondhand smoke
easily drifts from one unit to another
•The MCIAA does not prohibit smoking in
individual units of multi-unit housing
•Property owners/managers can adopt smoke-
free housing policies for their buildings
•Cities can adopt smoke-free housing policies
for their communities
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026
While multi-unit housing is not our focus today, if the city would like to pursue a smoke-free
housing ordinance, Hennepin County Public Health and ANSR can provide further information,
technical assistance, and community engagement.
63
Smoke-free and commercial tobacco-free policies are good for the public’s health
•Protect community members from secondhand smoke
exposure
•Support community members and employees who
want to quit
•Reduce commercial tobacco-related health disparities
•Reduce commercial tobacco litter and waste
•Costly to clean up
•Can be swallowed by toddlers and animals
•Vape waste is toxic and hazardous
•Create positive community and workplace norms and
role modeling
Vape waste collection in Maple Plain, 2026.
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 64
Secondhand smoke disparities
Almost 2 of every 5 children aged 3
to 11 years, including over half of
non-Hispanic, Black children were
exposed to secondhand smoke
during 2017–2018
People living below the poverty level
(45.0%) have a higher prevalence of
secondhand smoke exposure than
those with incomes at or above the
poverty level (21.4%)
Source: CDC, https://www.cdc.gov/tobacco/secondhand-smoke/disparities.html
45.0%
21.4%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
People living below
poverty level
People living at or above
poverty level
Prevalence of secondhand
smoke exposure
Children aged 3-11 Non-Hispanic Black
children aged 3-11
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 65
Youth secondhand exposure nationwide
Source: Puvanesarajah, S., Tsai, J., Alexander, D. S., Tynan, M. A., & Gentzke, A. S. (2022). Youth Indoor and Outdoor Exposure to Secondhand
Smoke and Secondhand Aerosol.American journal of preventive medicine,62(6), 903–913. https://doi.org/10.1016/j.amepre.2021.12.013 Data
from: National Youth Tobacco Survey, 2020
•Approximately 1 in 2 students (grades
6-12) reported outdoor secondhand
smoke exposure (NYTS, 2020)
•1 and 3 students reported exposures
to each indoor secondhand smoke,
indoor secondhand aerosol, and
outdoor secondhand aerosol (NYTS,
2020)
66
Hennepin County adult current smoking by race/ethnicity
7%
3%^
26%
15%
5%^
5%*
9%*
43%
8%
0%10%20%30%40%50%
White
Foreign-born Black
US-born Black
Black or African American
Southeast Asian
Asian or Asian American
Hispanic or Latino/a
American Indian or Alaska Native
Hennepin County
Notes: 1. Survey participants can check one or more race categories; 2. Race and ethnicity are mutually exclusive.
*Estimate is potentially unreliable and should be used with caution. (Relative Standard Error is > 30% and ≤ 50%)
^Estimate does not meet criteria for statistical reliability and should be used with extreme caution. (Relative Standard Error > 50%)
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 67
Current e-cigarette use by race/ethnicity
3%
3%^
9%
6%
8%^
4%^
2%^
15%
4%
0%10%20%30%40%50%
White
Foreign-born Black
US-born Black
Black or African American
Southeast Asian
Asian or Asian American
Hispanic or Latino/a
American Indian or Alaska Native
All Hennepin County
Notes: 1. Survey participants can check one or more race categories; 2. Race and ethnicity are mutually exclusive.
^Estimate does not meet criteria for statistical reliability and should be used with extreme caution. (Relative Standard Error > 50%)
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 68
Most people who smoke want to quit
In 2022:
•11.6% of U.S. adults reported current cigarette smoking
•Approximately two-thirds of adults (67.7%) wanted to quit smoking, and approximately
one-half (53.3%) tried to quit in the past year
•Fewer than one in 10 (8.8%) recently successfully quit (Adult Smoking Cessation — United States, 2022 | MMWR)
Quit Partner, Minnesota’s free way to quit nicotine, is an effective commercial tobacco quit
program
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 69
Considerations for updating Orono’s tobacco-free parks and worksites policy
•Update and expand definitions
•Update and expand intent and findings (rationale
for policy)
•Expand scope of policy
•Include cannabis that is smoked or vaped
•Remove some or all exemptions
•Include 25 foot setback
•Equitable enforcement process
These changes can be
achieved by repealing
and replacing the
current ordinance with
the Public Health Law
Center’s Model Smoke
and Commercial
Tobacco Free Outdoors
policy and Commercial
Tobacco-Free &
Smoke-Free Worksite
policy.
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 70
The current ordinance The PHLC Smoke and Commercial Tobacco Free Outdoors policy
Comparing the current ordinance with the Public Health Law Center’s (PHLC) model outdoors ordinance (1/3)
Prohibits tobacco use in:
•Parks
•City facilities
•Inside motor vehicles owned
or operated by the city
•Inside motor vehicles at city
facilities and parks
Prohibits smoking or vaping (including cannabis) and commercial
tobacco use in indoor and outdoor areas of all city controlled:
•Facilities; grounds; parking lots; work areas; vehicles and equipment;
outdoor park and recreation areas, lands, and bodies of water; public golf
courses; playgrounds; beaches; swimming pools; nature areas; recreation
centers; and walkways, paths and trails
•Personal vehicles parked on property that is owned, leased, rented, or
otherwise used or controlled by the city
Smoking is not allowed within twenty-five (25) feet of entrances, exits, windows
and ventilation intakes of public places and places of employment
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 71
The current ordinance The PHLC Smoke and Commercial Tobacco Free Outdoors policy
Comparing the current ordinance with the Public Health Law Center’s (PHLC) model outdoors ordinance (2/3)
Exemptions:
•Leases of city facilities which have been entered
into before the adoption of the ordinance
•Designated outdoor areas of city facilities
•City streets, easements, and sidewalks unless
adjacent to or within parks
•City golf courses
Exemptions:
•Sacred tobacco use
•Streets or sidewalks used only as thoroughfares
(optional)
•Cannabis that is not smoked or vaped
Includes:
•Updated and expanded definitions
•Updated and expanded intent and findings
(rationale)
•Equitable enforcement process
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 72
The current ordinance The PHLC Smoke and Commercial Tobacco Free Outdoors policy
Comparing the current ordinance with the Public Health Law Center’s (PHLC) model outdoors ordinance (3/3)
Enforcement
•City will post signage and remove smoking
receptacles from areas where tobacco use is
prohibited
•Citizens can submit complaints to the city to
initiate enforcement
•Penalty: petty misdemeanor fine of $100.00
Enforcement
•City will post signage and remove smoking
receptacles from areas where tobacco use is
prohibited
•Person in violation will be reminded and asked to
stop
•If they do not stop, they will be asked to leave
•If they do not leave, it’s handled as disorderly
conduct or trespass
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 73
The PHLC Commercial Tobacco-Free & Smoke-Free Worksite policy
Adopting a commercial tobacco-free and smoke-free worksite policy (1/2)
Adopting this policy in addition to the PHLC Smoke and Commercial Tobacco Free Outdoors policy
would:
•Prohibit smoking and other commercial tobacco by employees and visitors in or on all city
property, including all vehicles owned, leased, or rented by the city
•No designated smoking areas or other commercial tobacco use permitted
•Applies to all private vehicles parked on city property
•Prohibit employees from using commercial tobacco during work hours
•Prohibit accepting donations, gifts, money, materials, curricula, research funds, or other
contributions from the commercial tobacco industry
•Prohibit the distribution or sale of any commercial tobacco product by any employee, visitor, or
any other person on the property
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 74
The PHLC Commercial Tobacco-Free & Smoke-Free Worksite policy
Adopting a commercial tobacco-free and smoke-free worksite policy (2/2)
Adopting this policy in addition to the PHLC Smoke and Commercial Tobacco Free Outdoors policy
would:
•Provide information on commercial tobacco treatment resources for employees
•Require the city to notify employees and visitors of the policy via communications and signage
•Outline compliance and enforcement processes for employees and visitors
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 75
Enforcing a smoke and commercial tobacco-free ordinance
•Most people will refrain from smoking if they know
a smoke-free and commercial tobacco-free policy is
in place
•Posting signage encourages community and self-
enforcement
•Communicating the policy in local media,
newsletters, brochures, etc. promotes compliance
•Over time, smoke- and commercial tobacco-free
becomes the community norm and less enforcement
is needed
•Fines and other punitive measures are not
recommended because they are unlikely to help
those struggling with addiction and may have
adverse effects on health equity
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 76
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 77
What have other communities done?
Sixteen Hennepin County communities that have adopted or updated a smoke and commercial tobacco-
free parks or public places ordinance since 2023. Here are the four most recent.
City Date Type (Public Places,
Parks, or Both)
Policy Addresses
Cannabis/Hemp Only
Crystal 4/16/24 Both Yes
Maple Grove 7/15/24 Both No
Minnetonka 11/18/24 Public Places Yes
Richfield 10/10/23 Both No
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 78
Jackie Siewert
Jacquelyn.Siewert@hennepin.us
612-543-0402
Orono Commercial Tobacco-Free Parks and Worksites | March 9, 2026 79
Population
Youth 268,313
Adults 991,808
Total residents 1,260,121
$$
Adults smoke cigarettes
118,025
Commercial tobacco’s toll in one year
Hennepin County
$
commercial tobacco-related deaths
tax burden per household
1 in 6 $983per person in excess medical costs
$824
Commercial Tobacco Profile
Significant disparities
remain among
populations historically
targeted by the Tobacco
Industry.
Youth commercial tobacco use
Statewide disparities in youth commercial tobacco use
80
Sources: Blue Cross and Blue Shield of Minnesota Cost of Smoking Report, MDH Vital Statistics, CDC PLACES: Local Data for Better
Health, County Data, Behavioral Risk Factor Surveillance System, Minnesota Student Survey, and U.S. Census Population Estimates
Want to know more about the burden of tobacco in Minnesota? Visit www.health.mn.gov/tobacco.?
Hennepin County Commercial Tobacco Profile
April 2025
How the tobacco industry targets
communities
• Using fruit, candy, menthol, and other
flavors, as well as eye-catching packaging, to
attract new users.
• Marketing products on social media and
through influencers and event sponsorships
• Designing products with extreme
concentrations of nicotine, which is highly
addictive and can harm brain development
and mental health as teens grow.
• Selling products near places youth frequent,
like convenience stores, schools, community
centers, libraries, and parks.
• Promoting products in ways that are easily
visible to children, like on store countertops
and within three feet of the floor and near
candy displays.
• Keeping prices low by offering coupons, buy-
one-get-one deals, and other discounts.
sold single
cigarillos
sold e-cigarettes
in more than 10
flavors
sold menthol
cigarettes
sold flavored
commercial
tobacco
2FOR1
MENTHOL
7 in 8
5 in 6
3 in 4
3 in 5
Among retailers assessed
in Hennepin County
3 in 7 sold commercial
tobacco at
discount prices
Local action for effective commercial tobacco prevention
The Minnesota Department of Health
supports community driven solutions to
prevent youth from starting and to help
people quit.
Minnesota communities are working to:
• Raise the minimum tobacco sales age to 21 and
remove purchase, use and possession penalties.
• Restrict the sale of menthol and flavored products.
• Increase product prices.
• Provide free support to quit.
• Promote smoke- and commercial-tobacco-free
environments.
• Engage youth as essential partners.
81
82
Retailer characteristics Orono
Many commercial tobacco retailers sell a variety of product types and display advertisements both inside
and outside of their stores. Exposure to commercial tobacco advertising and marketing is associated with
increased use, including youth initiation [1, 2]. Licensing and zoning are two of the most lasting strategies
to impact the density, type and location of commercial tobacco retailers. Retailer density reduction
strategies, such as capping the total number of retailers or requiring a minimum distance to schools, will
have different impacts in different communities. Of the 5 retailers assessed, 100% had exterior tobacco
advertising.
Orono assessed 5 retailers
Types of retailers assessed
Percent of retailers selling commercial tobacco products
60%20%
20%
Convenience store
Tobacco/vape shop
Beer, wine, liquor store
100%
80%
80%
100%
80%
Cigarettes
Cigarillos, little cigars, or blunts
E-cigarettes
Oral nicotine
Smokeless
83
Flavors and menthol Orono
Many commercial tobacco products are available in a variety of flavors, such as sweet, fruit, candy, mint,
or menthol flavors as well as other foods, beverages, spices, and herbs. Flavored products are more
appealing to youth [3] and play a significant role in youth initiation [4]. In 2023, 76% of Minnesota teens
reported that the first commercial tobacco product they ever tried was flavored [5]. Tobacco companies
have targeted menthol marketing to African Americans and other marginalized groups across the country
for decades, contributing to disparities in commercial tobacco product use and subsequent harm.
Jurisdictions can prohibit where flavored products can be sold by store type (e.g., only in age-restricted
stores), store location (e.g., not at stores near schools), or prohibit only certain flavored products (e.g.,
only flavored cigars, only flavored e-cigarettes). However, comprehensive restrictions that prohibit the
sale of all flavored products without exemption is the gold standard.
Orono assessed 5 retailers
Percent of retailers with flavored products
5
4
4
5
4100%
100%
100%
100%
100%Cigarettes (menthols)
Cigarillos, little cigars, or blunts
E-cigarettes
Oral nicotine
Smokeless
Retailers assessed selling product Percentage with flavored products
84
Price and promotions Orono
Increasing the price of cigarettes and other commercial tobacco products is one of the most effective
ways to reduce consumption and initiation and increase smoking cessation [6-9]. For every 10% increase
in the price of cigarettes, adult smoking decreases by 3-5%, and youth smoking decreases by 6-7% [10].
The tobacco industry uses price promotions such as multi-pack offers, discounts, and coupons to
significantly decrease the cost of commercial tobacco products. Localities can establish minimum floor
prices in order to encourage price sensitive users to quit. Minimum price laws can be strengthened by
pairing them with minimum pack size requirements and restricting coupons or discounts.
Orono assessed 5 retailers
Average cheapest advertised price
Percent of retailers with price promotions
4
5
4
4
5
50%
80%
75%
50%
40%
Smokeless
Oral nicotine
E-cigarettes
Cigarillos, little cigars, or blunts
Cigarettes
Retailers assessed selling product Percentage with promotion
$8.41
Cigarettes
$21.00
Single Disposable E-cigs
85
Youth appeal Orono
The commercial tobacco industry relies on recruiting youth to replace the 480,000 people in the United
States who die each year due to the use of their products [9, 10]. While the 1998 Master Settlement
Agreement prohibits tobacco companies from directly targeting youth with mascots like Joe Camel [11],
their products are still designed and marketed in ways that are appealing to kids. The tobacco industry
sells products in sweet, candy-like flavors and at cheap prices; markets products in kids’ direct line of
sight; and places tobacco products where youth can easily reach. States and localities can implement
regulations that restrict the sale of flavored products or prohibit the use of coupons or discounts.
Licensing and zoning laws can also reduce availability of products that appeal to youth by restricting
retailer locations.
Orono assessed 5 retailers
Percentage of retailers appealing to youth
Percentage of retailers with flavored products
Percentage of retailers selling
4 4
5
100%100%100%
0
1
2
3
4
5
6
Cigarillos, little cigars, or blunts E-cigarettes Oral nicotine
Retailers assessed selling product Percentage with flavored
50%
0%
Single cigarillos Cigarillos for less than $1
0%
any e-cig self-service displays
0%
any e-cig self-service displays
86
Retailer characteristics
Types of retailers assessed
• 60% of the retailers assessed in Orono were identified as convenience store, with or without gas.
• 20% of the retailers assessed in Orono were identified as tobacco/vape shop.
• 20% of the retailers assessed in Orono were identified as beer, wine, liquor store.
• 0% of the retailers assessed in Orono were identified as grocery store.
• 0% of the retailers assessed in Orono were identified as mass merchandiser.
• 0% of the retailers assessed in Orono were identified as other store types.
Percent of retailers selling commercial tobacco products
• 100% of retailers in Orono sold cigarettes.
• 80% of retailers in Orono sold cigarillos, little cigars or blunts.
• 80% of retailers in Orono sold e-cigarettes.
• 100% of retailers in Orono sold oral nicotine.
• 80% of retailers in Orono sold smokeless tobacco.
Flavors and menthol
Percent of retailers with flavored products
• Among the 5 retailers selling cigarettes in Orono, 100% sold menthols.
• Among the 4 retailers selling cigarillos, little cigars or blunts in Orono, 100% sold a flavored
version.
• Among the 4 retailers selling e-cigarettes in Orono, 100% sold a flavored version.
• Among the 5 retailers selling oral nicotine in Orono, 100% sold a flavored version.
• Among the 4 retailers selling smokeless tobacco in Orono, 100% sold a flavored version.
Price and promotions
Average cheapest advertised price
• The average cheapest advertised price for a single pack of cigarettes in Orono was $8.41.
• The average cheapest advertised price for single disposable e-cigarettes in Orono was $21.00.
Percent of retailers with price promotions
• Among the 5 retailers selling cigarettes in Orono, 40% had a price promotion.
• Among the 4 retailers selling cigarillos, little cigars or blunts in Orono, 50% had a price promotion.
• Among the 4 retailers selling e-cigarettes in Orono, 75% had a price promotion.
• Among the 5 retailers selling oral nicotine in Orono, 80% had a price promotion.
• Among the 4 retailers selling smokeless tobacco in Orono, 50% had a price promotion.
87
Youth appeal
Percentage of retailers appealing to youth
• 0% of the retailers in Orono had any e-cigarette self-service displays.
Percentage of retailers with flavored products
• Among the 4 retailers selling cigarillos, little cigars or blunts in Orono, 100% sold a flavored
version.
• Among the 4 retailers selling e-cigarettes in Orono, 100% sold a flavored version.
• Among the 5 retailers selling oral nicotine in Orono, 100% sold a flavored version.
Percentage of retailers selling
• Among the retailers selling cigarillos, little cigars or blunts in Orono, 50% sold single cigarillos.
• Among the retailers selling cigarillos, little cigars or blunts in Orono, 0% sold cigarillos for less
than $1.
Methods and citations
Data presentation details
• Possible store types: Beer, wine, liquor stores, convenience stores (with or without gas), grocery
stores, mass merchandisers (i.e., Walmart, Dollar General), tobacco/vape shops, and other includes
bar or restaurants, drug store or pharmacy, and other store types not included in categories listed.
• Average reported prices reflect those of retailers both selling and reporting the price of said
product.
• Flavored products may include flavors such as peach, grape, cherry, mint, menthol, wintergreen,
etc.
• Self-service displays refer to e-cigarette products that are openly displayed or stored in a manner
that is physically accessible to the purchaser without needing the assistance of the store clerk/
employee (e.g., open or unlocked racks, shelves, counter-top displays, vending machines).
• When 0% is indicated on a bar graph, the answer by the surveyor to the assessment question was
"No."
Data analysis details
The Association for Nonsmokers - Minnesota collected data between August 6-August 8, 2025. Hennepin
County Public Health analyzed data and created data summaries in September 2025. Not all assessment
visits collected were considered eligible. The eligibility criteria include all assessment visits where “Can
you visit the store?” and “Is tobacco sold here?” is “Yes.” All available store data rather than only
complete store data was utilized in the analysis; therefore, the total number of assessments summarized
for each assessment variable may vary depending on the amount of data that was available (or missing)
for the particular assessment variable.
88
Citations
[1] Henriksen L, Feighery EC, Schleicher NC, Cowling DW, Kline RS, Fortmann SP. Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools?
Preventive Medicine. 2008;47(2):210-214. doi: https://doi.org/10.1016/j.ypmed.2008.04.008
[2] Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighbourhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health.
2005;59(7):568-573. doi:10.156/jech.2004.029041
[3] National Cancer Institute. The Role of the Media in Promoting and Reducing Tobacco Use. Tobacco Control Monograph No. 19. Bethesda, MD: U.S. Department of Health and Human Services, National
Institutes of Health, National Cancer Institute. NIH Pub. No. 07-6242, June 2008.
https://cancercontrol.cancer.gov/brp/tcrb/monographs/19/m19_complete.pdf
[4] U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf
[5] Minnesota Department of Health. Data Highlights from the 2023 Minnesota Youth Tobacco Survey. Accessed July 11, 2024, https://www.health.state.mn.us/data/mchs/surveys/tobacco/docs/teenscommercialtobacco2023.pdf
[6] Brown-Johnson CG, England LJ, Glantz SA, Ling PM. Tobacco industry marketing to low socioeconomic status women in the U.S.A. Tob Control. 2014;23(e2):e59-e146. doi:10.156/tobaccocontrol-205-051224
[7] Truth Tobacco Industry Documents. The importance of younger adults. RJ Reynolds Records. https://www.industrydocumentslibrary.ucsf.edu/tobacco/docs/jzyl0056
[8] U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health, 2014.
http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf
[9] Public Health Law Center. The Master Settlement Agreement: An Overview. http://www.publichealthlawcenter.org/sites/default/files/resources/tclc-fs-msa-overview-2015.pdf
[10] Villanti AC, Richardson A, Vallone DM, Rath JM. Flavored tobacco product use among U.S. young adults. Am J Prev Med. 205;44(4):388-391. doi:10.1016/j.amepre.2012.11.031
[11] Ambrose BK, Day HR, Rostron B, et al. Flavored Tobacco Product Use Among US Youth Aged 12-0 Years, 205-2014. JAMA .2015;314(0):1871-1873. doi:10.1001/jama.2015.5802
Throughout these documents, any mention of tobacco in refers to commercial tobacco products, not
ceremonial or traditional tobacco used by indigenous populations for cultural practices.
89
Hennepin County Public Health 525 Portland Avenue, Minneapolis, MN 55415 612-348-8900 | publichealth@hennepin.us
90
ORDINANCE 316CITYOFORONO, HENNEPIN COUNTY, MINNESOTAANORDINANCEREPEALINGANDREPLACINGCITYCODECHAPTER 5.12ONTOBACCOSALESTHECITYCOUNCILOFORONOORDAINS:SECTION 1. Chapter 5.12 of the Orono City Code is hereby amended by repealing andreplacingitsexistinglanguagetoreadasfollows:ARTICLE II. TOBACCO SALESSec. 5.12.100. Purpose.The city recognizes that the sale of commercial tobacco, tobacco-related devices,electronic delivery devices, and nicotine or lobelia delivery products to persons under theageof21violatesbothstateandfederallawbecausecommercialtobaccouse has beenshowntobethecauseofmanyserioushealthproblemswhichsubsequentlyplaceafinancialburdenonalllevelsofgovernment, this ordinance is intended to regulate the saleofcommercialtobacco,tobacco-related devices, electronic delivery devices, and nicotineorlobeliadeliveryproductsforthepurposeofenforcingandfurtheringexistinglaws, toprotectyouthandyoungadultsagainsttheserioushealtheffectsassociatedwithuseandinitiation, and to further the official public policy of the state to prevent young people from
starting to smoke, as stated in Minn. Stat. § 144.391, as it may be amended from time to
time.
Sec. 5.12.105. Applicability and Jurisdiction.
This ordinance governs the licensing and regulation of the sale of tobacco, tobacco-
related devices, electronic delivery devices, and nicotine or lobelia delivery products in the
city of Orono in conformance with the minimum requirements of Minn. Stat. § 461.
Sec. 5.12.110. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. Except as may otherwise be provided or clearly implied by context, all
terms shall be given their commonly accepted definitions.
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Child-resistant packaging. Packaging that meets the definition set forth in Code ofFederalRegulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and wastestedinaccordancewiththemethoddescribedinCodeofFederalRegulations,title 16,section 1700.20, as in effect on January 1, 2015.Compliance checks means the system the city uses to investigate and ensure thatthoseauthorizedtoselllicensedproductsarefollowingandcomplyingwiththerequirementsofthisarticle. Compliance checks involve the use of persons under the ageof21whopurchaseorattempttopurchaselicensedproducts. Compliance checks may alsobeconductedbythecityforeducational, research, and training purposes or forinvestigatingorenforcingfederal, state, or local laws and regulations relating to licensedproducts.Electronic delivery device. Any product containing or delivering nicotine, lobelia,or any other substance, whether natural or synthetic, intended for human consumptionthroughtheinhalationofaerosolorvaporfromtheproduct. Electronic delivery deviceincludes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods,tank systems, or under any other product name ordescriptor. Electronic delivery device includes any component part of a product, whether ornotmarketedorsoldseparately. Electronic delivery device does not include any nicotinecessationproductthathasbeenauthorizedbytheU.S. Food and Drug Administration to bemarketedandforsaleas "drugs," "devices," or"combination products,"as defined in theFederalFood, Drug, and Cosmetic Act.Licensed products. The term that collectively refers to any tobacco,tobacco-relateddevice, electronic delivery device, or nicotine or lobelia delivery product.
Loosies is the common term used to refer to single cigarettes, cigars, and any other
licensed products that have been removed from their original retail packaging and offered
for sale. Loosies does not include premium cigars that are hand-constructed, have a
wrapper made entirely from whole tobacco leaf, and have a filler and binder made entirely
of tobacco, except for adhesives or other materials used to maintain size,texture, or flavor.
Movable place of business means any form of business operated out of a truck, van,
automobile, or other type of vehicle or transportable shelter and not a fixed address
storefront or other permanent type of structure authorized for sales transactions.
Nicotine or lobelia delivery product. Any product containing or delivering
nicotine or lobelia intended for human consumption, whether natural or synthetic, or any
part of such a product, that is not tobacco, or an electronic delivery device as defined in this
section. Nicotine or lobelia delivery product does not include any nicotine cessation
product that has been authorized by the U.S. Food and Drug Administration to be marketed
and for sale as "drugs," "devices," or"combination products," as defined in the Federal
Food, Drug, and Cosmetic Act.
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Retail establishment means any place of business where licensed products areavailableforsaletothegeneralpublic. Retail establishments shall include but not belimitedtogrocerystores, convenience stores and restaurants.Sale means any transfer of goods for money, trade, barter or other consideration.Sampling means offering or allowing customers to try tobacco products furnishedbytheshoponthedatethesamplingoccurswithoutmonetaryexchangefortestingorinstructionalpurposesandmustbelimitedindurationandintentandshallnotbeusedtocircumventrestrictionsonpublicsmokingorestablishdefactotobacco-use venues, such aslounges.Self-service display means open displays of licensed products in any manner whereanypersonshallhaveaccesstothelicensedproductswithouttheassistanceorinterventionofthelicenseeorthelicensee's employee. and where a physical exchange of the licensedproductfromthelicenseeorthelicensee's employee to the customer is not required inordertoaccessthelicensedproducts.Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar,cigarette, or pipe, or any other lighted or heated product containing, made, or derived fromnicotine,tobacco, marijuana, or other plant, whether natural or synthetic,that is intendedforinhalation. Smoking also includes carrying or using an activated electronic deliverydevice.
Tobacco means any substance or item containing tobacco leaf, including but not
limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco;
cheroots; stogies; perique; granulated,plug cut, crimp cut, ready-rubbed, and other
smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping
tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or
smoking. Tobacco does not include any nicotine cessation product that has been authorized
by the U.S. Food and Drug Administration to be marketed and for sale as "drugs,"
devices,"or"combination products," as defined in the Federal Food, Drug, and Cosmetic
Act.
Tobacco-related devices means any rolling papers, wraps, pipes, or other device
intentionally designed or intended to be used with tobacco products. Tobacco-related
devices include components of tobacco-related devices or tobacco products, which may be
marketed or sold separately. Tobacco-related devices may or may not contain tobacco.
Vending machine means any mechanical, electric or electronic, or other type of
device which dispenses licensed products upon the insertion of money,tokens or other
form of payment directly into or onto the device by any person.
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Ord. No. 164 2nd series, § 200(11), 12-8-1997; Ord. No. 126 3rd series, § 1, 11-10-2014)Cross reference(s)—Definitions generally, § 1-2.Sec. 5.12.115. License.A) License required. No person shall sell or offer to sell any licensed productwithoutfirsthavingobtainedalicensetodosofromthecity.B)Application. An application for a license to sell licensed products must be madeonaformprovidedbythecity. The application must contain the full name of the applicant,the applicant's residential and business addresses and telephone numbers, the name of thebusinessforwhichthelicenseissought, and any additional information the city deemsnecessary. Upon receipt of a completed application, the City Clerk will forward theapplicationtotheCityCouncilforactionatitsnextregularlyscheduledmeeting. If theCityClerkdeterminesthatanapplicationisincomplete, it will be returned to the applicantwithnoticeoftheinformationnecessarytomaketheapplicationcomplete.C)Action. The City Council may approve or deny the application for a license, oritmaydelayactionforareasonableperiodoftimetocompleteanyinvestigationoftheapplicationortheapplicantdeemednecessary. If the City Council approves the application,the City Clerk will issue the license to the applicant. If the City Council denies theapplication, notice of the denial will be given to the applicant along with notice of the
applicant's right to appeal the decision.
D) Term. All licenses issued are valid for one calendar year from the date of issue.
E) Revocation or suspension. Any license issued may be suspended or revoked
following the procedures set forth in Section 5.12.150.
F) Transfers. All licenses issued are valid only on the premises for which the
license was issued and only for the person to whom the license was issued. The transfer of
any license to another location or person is prohibited.
G) Display. All licenses must be posted and displayed at all times in plain view of
the general public in the retail establishment.
H) Renewals. The renewal of a license issued under this ordinance will be handled
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in the same manner as the original application. The request for a renewal must be made atleast30days,but no more than 60 days, before the expiration of the current license.I) Issuance as a privilege and not a right. The issuance of a license is a privilegeanddoesnotentitlethelicenseholdertoanautomaticrenewalofthelicense.J) Smoking prohibited. Smoking, including smoking for the purpose of thesamplingoflicensedproducts, is prohibited within the indoor area of any retailestablishmentlicensedunderthisordinance.K) Samples prohibited. No person shall distribute samples of any licensed productfreeofchargeoratanominalcost. The distribution of licensed products as a free donationisprohibited.Sec. 5.12.120. Fees.No license will be issued under this ordinance until the appropriate license fees arepaidinfull. The fees will be established by the city's fee schedule and may be amendedfromtimetotime.Sec. 5.12.125. Basis for Denial of License.
A) Grounds for denying the issuance of or a renewal of a license include, but are
not limited to, the following:
1) The applicant is under 21 years of age.
2) The applicant has been convicted within the past five years of any violation of a
federal, state, or local law, ordinance provision, or other regulation relating to licensed
products.
3) The applicant has had a license to sell licensed products suspended or revoked
within the preceding 12 months of the date of application.
4) The applicant fails to provide any of the information required on the licensing
application, or provides false or misleading information.
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5) The applicant is prohibited by federal, state, or other local law, ordinance, orotherregulationfromholdingalicense.6) The business for which the license is requested is a moveable place of business.Only fixed-location retail establishments are eligible to be licensed.7)Any other suitable reason that the granting of a license to the applicant isinconsistentwithpublichealth, safety, and welfare, including the applicant's history ofnoncompliancewiththisordinanceandotherlawsrelatingtothesaleoflicensedproducts.B) If a license is mistakenly issued or renewed to a person,the city will revoke thelicenseuponthediscoverythatthepersonwasineligibleforthelicenseunderthisordinance. The city will provide the license holder with notice of the revocation, alongwithinformationontherighttoappeal.Sec. 5.12.130. Prohibited Sales.A) In general.No person shall sell or offer to sell any licensed product:1) By means of any type of vending machine.
2) By means of loosies.
3) Containing opium, morphine,jimson weed, belladonna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic,toxic, or controlled substances except
nicotine and other substances found naturally in tobacco or added as part of an otherwise
lawful manufacturing process. It is not the intention of this provision to ban the sale of
lawfully manufactured cigarettes or other products subject to this ordinance.
4) By means of self-service display. All licensed products must be stored behind the
sales counter, in a locked case, in a storage unit, or in another area not freely accessible to
the general public. This section does not apply to retail stores that derive at least 90
percent of their revenue from tobacco and tobacco-related products and which cannot be
entered by any person under the age of 21 (smoke shops).
Ord.No. 164 2nd series, § 800, 12-8-1997)
State law reference(s)—Self-service sales, Minn. Stat. § 461.18.
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B)Legal age. No person shall sell any licensed product to any person under theageof211) Licensees must verify by means of government-issued photographicidentificationcontainingthebearer's date of birth that the purchaser is at least 21 years ofage. Verification is not required for a person over the age of 30. That the person appearedtobe30yearsofageorolderdoesnotconstituteadefensetoaviolationofthissubsection.2) Signage. Notice of the legal sales age, age verification requirement, and possiblepenaltiesforunderagesalesmustbepostedprominentlyandinplainviewatalltimesateachlocationwherelicensedproductsareofferedforsale. The required Signage, whichwillbeprovidedtothelicenseebythecity, must be posted in a manner that is clearlyvisibletoanyonewhoisorisconsideringmakingapurchase.C)Liquid packaging.No person shall sell or offer to sell any liquid, whether or notsuchliquidcontainsnicotine, which is intended for human consumption and use in anelectronicdeliverydevice, in packaging that is not in child-resistant packaging. Uponrequestbythecity, a licensee must provide a copy of the certificate of compliance or fulllaboratorytestingreportforthepackagingused.Sec. 5.12.135. Responsibility.All licensees are responsible for the actions of their employees regarding the sale,offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to
sell, or furnishing of any licensed product by an employee shall be considered an act of the
licensee.
Sec. 5.12.140. Compliance Checks and Inspections.
A) All licensed premises must be open to inspection by authorized city officials or
their designees during regular business hours.
B) From time to time, but at least once per year, the city will conduct compliance
checks to ensure compliance with all provisions of this ordinance.
C) In accordance with state law, the city will conduct a compliance check that
involves the participation of a person at least 17 years of age, but under the age of 21 to
enter the licensed premises to attempt to purchase licensed products. Prior written consent
from a parent or guardian is required for any person under the age of 18 to participate in a
compliance check. Persons used for the purpose of compliance checks will be supervised
by law enforcement or other designated personnel.
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Sec. 5.12.145. Exceptions and Defenses.A)Religious, spiritual, or cultural ceremonies or practices. Nothing in thisordinancepreventstheprovisionoftobaccoortobacco-related devices to any person aspartofanindigenouspracticeoralawfullyrecognizedreligious, spiritual, or culturalceremonyorpractice.B) Reasonable reliance. It is an affirmative defense to a violation of this ordinance.For a person to have reasonably relied on proof of age as described by state law.Sec. 5.12.150. Violations and Penalties.a)Notice. Upon discovery of a suspected violation of this article, the allegedviolatorshallbeissued, either personally or by mail, a citation that sets forth the allegedviolationandwhichshallinformtheallegedviolatorofhisrighttobeheardontheaccusation.b)Hearings. If a person accused of violating this article so requests within thirtydaysofreceiptofacitation, a hearing shall be scheduled, the time and place of which shallbepublishedandprovidedtotheaccusedviolator. Failure to file an appeal within thirtydaysofthecitationshallconstituteawaiveroftheperson's right to a hearing.c) Hearing officer. The city council shall serve as the hearing officer.
d) Decision. If the hearing officer determines that a violation of this article did
occur, that decision, along with the hearing officer's reasons for finding a violation and the
penalty to be imposed under section 5.12.130, shall be recorded in writing, a copy of which
shall be provided to the accused violator. Likewise, if the hearing officer finds that no
violation occurred or finds grounds for not imposing any penalty, such findings shall be
recorded and a copy provided to the acquitted accused violator.
e)Appeals. Appeals of any decision made by the hearing officer shall be filed in
the district court for the city in which the alleged violation occurred.
g) Continued violation. Each violation of this article, and every day in which a
violation occurs or continues, shall constitute a separate offense.
Ord. No. 164 2nd series, § 1300, 12-8-1997; Ord. No. 178 3rd series, § 4, 10-10-
2016)
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State law reference(s)—Administrative penalties, Minn. Stat. § 461.12, subds. 2, 3;appeals, Minn. Stat. § 461.12, subd. 7.Sec. 5.12.155. Administrative penalties.a)Licensees. Any licensee found to have violated this article, or whose employeeshallhaveviolatedthisarticle, shall be charged an administrative fine pursuant to a penaltyscheduledeterminedbythecityandpublishedinthefeescheduleadoptedbythecitycouncilataregularlyscheduledcouncilmeeting. In addition, after the second offense,thelicenseshallbesuspendedfornotlessthanthreedays. After the third offense, the licenseshallbesuspendedfornotlessthansevendays.b) Employees of licensees and other individuals. Any individual 21 years of age orolderwhoisfoundtobeinviolationofthisordinancemaybesubjecttoanadministrativefinenotexceedingfiftydollars ($50), or may be required to complete an instructionalprogramontherequirementsofthetobaccoretaillicensingordinance, at the expense of thelicenseholder.c) Misdemeanor.Nothing in this section shall prohibit the city from seekingprosecutionasamisdemeanorforanyviolationofthisarticlebyaperson21yearsof ageorolder.Ord. No. 164 2nd series, § 1400, 12-8-1997)
State law reference(s)—Proof of age as defense, Minn. Stat. §§ 340A.503, subd. 6,
461.12, subd. 6.
Sec. 5.12.160. Signs and Advertising
Signs advertising any licensed product shall be governed by Orono Code § 6.12.
Ord. No. 164 2nd series, § 1100, 12-8-1997)
Sec. 5.12.165. Smoking prohibited.
It shall be unlawful for any person to smoke in any location where smoking is
prohibited by the Minnesota Clean Indoor Air Act, or for any person to allow the same.
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Ord. No. 126 3rd series, § 2, 11-10-2014)Sec. 5.12.170-180. Reserved.Sec. 5.12.190. Severability.If any section or provision of this ordinance is held invalid, such invalidity will notaffectothersectionsorprovisionsthatcanbegivenforceandeffectwithouttheinvalidatedsectionorprovision.Sec. 5.12.195. Effective Date.This ordinance becomes effective on the date of its publication, or upon thepublicationofasummaryoftheordinanceasprovidedbyMinn. Stat. § 412.191 subd. 4, asitmaybeamendedfromtimetotime, which meets the requirements of Minn. Stat. §331A.01, subd. 10, as it may be amended from time to time.Secs. 5.12.200-210. Reserved.SECTION 2. This ordinance shall take effect from and after its passage andpublication.
ADOPTED this 22 day of September, 2025 on a vote of ayes and Onays by the
City Council of Orono, Minnesota.
ATTEST:
Christine Lusi ity Clerk Bob Tunheim, Mayor
Ordinance published in The Laker Pioneer newspapers the week of October 4, 2025.
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- CODE OF ORDINANCES
Title V - PUBLIC PROTECTION
CHAPTER 5.16. ORONO TOBACCO-FREE PARKS AND WORKPLACES ACT
Orono, Minnesota, Code of Ordinances Created: 2026-02-18 14:00:44 [EST]
(Supp. No. 2, Update 1)
Page 1 of 3
CHAPTER 5.16. ORONO TOBACCO-FREE PARKS AND WORKPLACES ACT
Sec. 5.16.010. Intent and findings.
It is found and determined that tobacco use is a danger to the health, safety, and general welfare of the
community.
(1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and
that breathing secondhand smoke or environmental tobacco smoke is a cause of diseases such as lung
cancer, cardiovascular disease, and respiratory disease and a cause of strokes and heart attacks.
(2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known
carcinogen. According to the United States Surgeon General, there are more than 50 cancer-causing
chemicals in secondhand smoke.
(3) Secondhand smoke is particularly hazardous to the elderly and those with cardiovascular disease and
impaired respiratory function. Children exposed to secondhand smoke have an increased risk and
severity of asthma, respiratory infections, sudden infant death syndrome, developmental
abnormalities, cancer, and premature death.
(4) The United States Surgeon General reports that there is no risk-free level of exposure to secondhand
smoke and that even short exposure to secondhand smoke can damage blood vessels, decrease
coronary flow velocity reserves, and reduce heart rate variability, potentially increasing the risk of a
heart attack. Even in healthy persons, brief exposure can lead to changes in the upper airway.
(5) Eliminating smoking indoors and in enclosed spaces fully protects nonsmokers from exposure to
secondhand smoke. Simply separating smokers from nonsmokers, cleaning the air, and ventilating
buildings cannot eliminate exposures of nonsmokers to secondhand smoke. Although air cleaners can
remove large particles from smoke, smaller particles and gases found in secondhand smoke cannot be
removed from the air.
(6) Scientific studies conducted by Stanford University and others found that outdoor smoke can reach the
same level as indoor smoke. Persons near an outdoor smoker can breathe in wisps of smoke that can
be tens or hundreds times more concentrated that normal background air pollution levels.
(7) The Americans with Disabilities Act (ADA) includes respiratory function as a disability. The ADA requires
disabled persons have access to public places and workplaces.
(8) The National Institute for Occupational Safety and Health has concluded that smoke is an occupational
carcinogen.
(9) Nonsmokers who are exposed to secondhand smoke at work have a 25 percent to 30 percent higher
risk of heart attack and higher rates of death from cardiovascular disease and cancer, acute respiratory
disease, and measurable decrease in lung function than persons not exposed to secondhand smoke at
work.
(10) Secondhand smoke exposure leads to higher worker absenteeism from respiratory disease, lower
productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased
liability claims for diseases related to secondhand smoke exposure.
(11) Smoking is a potential cause of fires. In parks and outdoor spaces, fire can spread to nearby homes and
businesses.
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(12) Use of tobacco products also produces litter that detracts from the beauty of city parks and increases
maintenance costs of city facilities.
(Code 2003, § 51-1; Ord. No. 78(3rd series), § 1, 8-23-2010)
Sec. 5.16.020. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
City facilities means any building owned or operated by the city, including owned or operated outdoor areas
of the lot or parcel on which the building is situated.
Parks means any open or enclosed land and improvements or facility wherever located which is owned,
leased or operated by the city and which is reserved, designated or used for a playground, picnic area, garden area,
beach, bike or walking path, trail, nature preserve, green space, sports fields, or other recreational open space
area.
Tobacco means any substance or item containing tobacco leaf, including, but not limited to, cigarettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos;
dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of
tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking.
Use means smoking, inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, or plant
in any manner or in any form; chewing; sniffing; and spitting.
(Code 2003, § 51-2; Ord. No. 78(3rd series), § 1, 8-23-2010)
Sec. 5.16.030. General prohibitions.
(a) Tobacco use prohibited in certain areas. Tobacco use is prohibited in the following areas:
(1) Parks;
(2) City facilities;
(3) Inside motor vehicles owned or operated by the city;
(4) Inside motor vehicles at city facilities and parks.
(b) Exceptions. Notwithstanding any other provision to the contrary, the following areas are exempt from the
provisions of this chapter:
(1) Leases of city facilities or portions thereof to non-city entities or individuals which have been entered
into before the adoption of the ordinance from which this chapter is derived;
(2) Designated outdoor areas of city facilities;
(3) City streets, easements, and sidewalks unless adjacent to or within parks; and
(4) City golf courses.
(Code 2003, § 51-3; Ord. No. 78(3rd series), § 1, 8-23-2010)
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Sec. 5.16.040. Posting of signs and removal of smoking paraphernalia.
(a) "Tobacco-Free Grounds" signs shall be clearly and conspicuously displayed outside every city facility and
park.
(b) All ashtrays and other smoking paraphernalia shall be removed from every area where tobacco use is
prohibited under this chapter.
(Code 2003, § 51-4; Ord. No. 78(3rd series), § 1, 8-23-2010)
Sec. 5.16.050. Enforcement.
(a) Complaints. Any citizen who desires to register a complaint under this chapter may initiate enforcement with
the city administrator or his/her designee.
(b) Violation and penalty. It shall be a petty misdemeanor for any person to use tobacco in an area where
tobacco use is prohibited by the provisions of this chapter. The fine for violation of this provision shall be
$100.00 plus all surcharges mandated by law.
(c) Other applicable laws. This chapter shall not be interpreted or construed to permit tobacco use where it is
otherwise restricted by other applicable laws.
(Code 2003, § 51-5; Ord. No. 78(3rd series), § 1, 8-23-2010)
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