Sherburne County businesses that sell tobacco products will be subject to a more stringent ordinance in the near future.

 

Tuesday, at a commissioners workshop, County Attorney Kathleen Heaney presented a revised ordinance that covers more tobacco and tobacco-related products than before.

 

The ordinance covers retail tobacco sales licensed by the county, of which there are 14, said Auditor/Treasurer Diane Arnold. It does not cover businesses that are regulated by cities or townships that have exercised their own authority to regulate.

 

The existing ordinance hasn’t been reviewed in almost a decade, said Heaney. Since then there have been new trends in tobacco and tobacco-related products, such as e-cigarettes and electronic delivery systems.

 

 “And one of the things that was missing in the old ordinance was, we didn’t have any ability to verify compliance with child safety packaging,” said Heaney, “which is required by law.”

 

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.

 

It also prohibits the sale of “loosies,” single or individually packaged cigarettes or any other tobacco product that has been removed from its wholesale or distribution packaging and sold individually.

 

The new language 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.

 

Heaney said the new language was sent out to all current licensees in late June for their feedback. To date, there has been one response which didn’t have an issue with the changes.

 

She said the next step is to publish a notice of public hearing to amend the ordinance.

 

No date has been set yet.