Item Coversheet

Board Action Request
19-0264R1
Revised


Item Description:
Amend Hennepin County Ordinance 21, regulating the sale of tobacco in areas without city regulation

WHEREAS, Tobacco use remains the leading cause of preventable death, disability and disease in the United States, linked to heart disease, stroke and other chronic lung diseases including lung cancer. For every smoking-related death there are at least 30 people living with a serious smoking-related illness. If smoking continues at the current rate among U.S. youth, 5.6 million of Americans younger than 18 are expected to die prematurely from smoking; and

 

WHEREAS, Tobacco kills over 6,300 people annually in Minnesota. One in seven Hennepin County deaths are tobacco related and costs Hennepin County $585 million annually; and 

 

WHEREAS, Nineteen percent of suburban Hennepin County 11th grade students used tobacco. Statewide, tobacco use among high school students has increased to 26%, driven largely by a 49% increase in e-cigarette use; and

 

WHEREAS, Nearly 90% of smokers begin smoking before reaching 18 years of age, and almost no one starts smoking after age 25. Studies show that youth and young adults are especially susceptible to tobacco product availability, advertising and price promotions at tobacco retail environments; and

 

WHEREAS, The National Academy of Medicine report predicts that increasing the sales age for tobacco to 21 years of age will reduce smoking initiation by 25% among 15-17 year olds; and

 

WHEREAS, Menthol and other flavored products appeal to young people. Thirty percent of suburban Hennepin County 11th graders who use tobacco use menthol tobacco and 42 percent use other flavored tobacco. Marketing analysis, public health research, and tobacco industry documents reveal that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to attract youth and young adults and that the presence of such flavors can make it more difficult to quit; and

 

WHEREAS, Restrictions on flavored products in other cities have resulted in significant declines in the sale of flavored products; the odds of teens ever trying flavored products; and the odds of teens using any tobacco products. Based on earlier studies and conservative scenarios to estimate the impact of a menthol ban, it is expected that a 10% quit rate among menthol smokers would prevent over 4,000 smoking attributable deaths in the first ten years and 300,000 in forty years. Nearly one-third, or almost 100,000, of the deaths averted are among African Americans; and

 

WHEREAS, Raising the price of tobacco products is one of the most effective strategies for preventing and reducing tobacco use. A 10% increase in little cigar price was associated with a 25% decrease in little cigar sales in convenience stores; and

 

WHEREAS, Studies indicate that youth access tobacco through other youth working in retail stores and that high school age clerks contribute to illegal sales. The age of clerk is a primary reason for youth being able to purchase or steal tobacco; and

 

WHEREAS, On April 1, 2019, all cities in the county that do not currently license and regulate tobacco sales were provided notice electronically of the proposed amendments. 11. On April 2, 2019, all tobacco retailers currently licensed pursuant to Ordinance 21 were mailed notice of the proposed amendments; and

 

WHEREAS, On April 16, 2019 two information sessions on the proposed amendments were held in the cities of Mound and Rogers. These information sessions were open to members of the public. Nineteen individuals attended; and

 

WHEREAS, On June 11, 2019, a public hearing to receive comments on the proposed amendments was held; and

 

WHEREAS, Therefore, the Board finds it appropriate to regulate tobacco sales to protect youth and young adults against the serious health effects associated with tobacco use and initiation.

Resolution:

BE IT RESOLVED, that the Hennepin County Board of Commissioners authorizes the amendment of Ordinance 21 to include language limiting the sale of tobacco products to persons 21 years of age and older; and

 

BE IT FURTHER RESOLVED, that the Hennepin County Board of Commissioners authorizes the amendment of Ordinance 21 to include language limiting the sale of flavored products, including menthol, to adult-only stores; and

 

BE IT FURTHER RESOLVED, that the Hennepin County Board of Commissioners authorizes the amendment of Ordinance 21 to include language imposing a minimum cigar price of $3.00; and

 

BE IT FURTHER RESOLVED, that the effective date of these changes is January 1, 2020.

Background:

This resolution amends Hennepin County Ordinance 21, which regulates the sale of tobacco in places where cities do not regulate. The new ordinance aims to protect youth and young adults in Hennepin County from the serious health effects associated with tobacco. This will be done by reducing youth access and exposure to tobacco in a number of ways, most notably by:

  1. limiting the sale of tobacco products to persons 21 years of age and older
  2. limiting the sale of flavored products, including menthol, to adult-only stores
  3. imposing a minimum cigar price of $3.00, and  

 

The proposed amendments adopt model language developed by the Public Health Law Center at Mitchell Hamline Law School.

Hennepin County is authorized to regulate tobacco sales pursuant to Minnesota Statutes, Section 461.12, but may only license tobacco sales in places where cities do not regulate. Most cities in Hennepin County choose to regulate and license tobacco sales. However, sales in the following places are presently subject to County regulation:

  • Greenfield
  • Mound
  • Rockford
  • Rogers
  • St. Bonifacius, and
  • Minneapolis-St. Paul Airport.

 

The County issues approximately 34 licenses per year to sell tobacco in these places. Ordinance 21 was last amended in November, 2016 to make clear that it regulated e-cigarettes.

Tobacco use among Hennepin County youth is increasing. Nineteen percent of suburban Hennepin County 11th grade students used tobacco. Thirty percent of 11th graders who use tobacco use menthol tobacco and 42 percent use other flavored tobacco.

Staff is now recommending further amendments to Ordinance 21 in order to adopt a more complete set of best practices for curbing youth tobacco use.

ATTACHMENTS:
DescriptionUpload DateType
Changes to Ordinance 21 - R1_6/26/2019Backup Material