After a 20-minute public hearing Tuesday, the Sherburne County Board voted unanimously to amend the county’s ordinance regulating sales of tobacco and tobacco-related products.

 

The ordinance covers the 14 retail tobacco sales licensed businesses in the county, but  does not cover businesses regulated by cities or townships that have exercised their own authority to regulate.

 

At a workshop last month, County Attorney Kathleen Heaney presented an updated ordinance that covers more tobacco and tobacco-related products than before and more clearly defines products such as “loosies.”

 

Tuesday, the definition of “loosies” took up much of the discussion. The term generally refers to single cigarettes or cigars that have been removed from the retail packaging and sold individually.

 

The county received a letter from Kyle and Kelly McCann, owners of Briggs Lake General Store, who voiced their concerns about the definition of loosies.

 

In the proposed amended ordinance, “loosies” had a two-part definition: “Loosies” shall mean a single or individually packaged cigarette or any other tobacco product that has been removed from its wholesale or distribution packaging and sold individually. The term “loosies” does not include individual cigars with a retail price, before any sales taxes, of more than $2 per cigar.

 

“As proposed, if you had a cigar and it’s less than $2, this would prohibit the sale of those even if they had been individually wrapped and had come from the manufacturer that way,” Heaney explained to the board.

 

The McCanns also saw it that way, and were concerned because there are certain cigars intentionally wrapped separately in cellophane and packaged in boxes of 25 to be sold individually at $0.99.

 

“When I initially read the ordinance, I understood it as I would no longer be able to sell those cigars unless they were $2 or more per cigar,” the letter said.

 

The McCanns asked that the second part of the definition, referring to the price, be dropped.

 

That was the decision of the board, also.

 

The revised language also clarifies background check requirements, clarifies the basis for a negative licensing action and gives the retailer a specific process to contest a negative licence decision.

 

The new ordinance also increases penalties for violations, doubling the fine amounts for licensees from $75 to $150 for a first violation, $200 to $400 for a second violation within 24 months and $250 to $500 for a third violation within 24 months. A license will be revoked for a year for a fourth violation within 24 months.

 

Individuals other than the licensee found to be in violation may be charged an administrative fee of $150 (up from $50) for a first violation, $400 for a second violation within a twenty-four month period, and $500 for a third or subsequent violation within a twenty-four month period.

 

The new ordinance takes effect Jan. 1, 2018.