Minn. Stat. § 144.412. Public policy
Effective: 7/1/19 – Through: 6/1/23
The purpose of sections 144.411 to 144.417 is to protect employees and the general public from the hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices by eliminating smoking in public places, places of employment, public transportation, and at public meetings.
Minn. Stat. § 144.417. Commissioner of health, enforcement, penalties
Effective: 7/1/19 – Through: 6/1/23
Subdivision 1. Rules.
The state commissioner of health shall adopt rules necessary and reasonable to implement the provisions of sections 144.411 to 144.417.
Subd. 2. Violations.
(a) Any proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the use of an area in which smoking is prohibited under sections 144.414 to 144.417, and that knowingly fails to comply with sections 144.414 to 144.417, is guilty of a petty misdemeanor.
(b) Any person who smokes in an area where smoking is prohibited or restricted under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
(c) A proprietor, person, or entity in charge of a public place, public meeting, place of employment, or public transportation must not retaliate or take adverse action against an employee or anyone else who, in good faith, reports a violation of sections 144.414 to 144.417 to the proprietor or person in charge of the public place, public meeting, place of employment, or public transportation, or to the commissioner of health or other designee responsible for enforcing sections 144.414 to 144.417.
(d) No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant, or customer exercises any right to a smoke-free environment provided by sections 144.414 to 144.417 or other law.
Subd. 3. Injunction.
The state commissioner of health, a community health board as defined in section 145A.02, subdivision 5, or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of sections 144.414 to 144.417.
Subd. 4. Local government ordinances.
(a) Nothing in sections 144.414 to 144.417 prohibits a statutory or home rule charter city or county from enacting and enforcing more stringent measures to protect individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from electronic delivery devices.
(b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in accordance with paragraph (a).
Minn. R. § 4620.0100. DEFINITIONS.
Effective: 6/3/13 – Through: 6/1/23
Subpart 1. Scope. For the purpose of parts 4620.0050 to 4620.1450, the terms in this part have the meanings given them.
Subp. 2. [Repealed, 33 SR 1771]
Subp. 3. [Repealed, 19 SR 1128]
Subp. 4. [Repealed, 33 SR 1771]
Subp. 4a. [Repealed, 33 SR 1771]
Subp. 5. [Repealed, 33 SR 1771]
Subp. 6. [Repealed, 19 SR 1128]
Subp. 7. [Repealed, 19 SR 1128]
Subp. 8. [Repealed, 33 SR 1771]
Subp. 9. [Repealed, 33 SR 1771]
Subp. 10. [Repealed, 33 SR 1771]
Subp. 11. Place of employment. “Place of employment” has the meaning given in Minnesota Statutes, section 144.413.
Subp. 11a. [Repealed, 33 SR 1771]
Subp. 12. [Repealed, 33 SR 1771]
Subp. 13. Proprietor. “Proprietor” means the party, regardless of whether the party is owner or lessee of the public place, who ultimately controls, governs, or directs the activities within the public place. The term does not mean the owner of the property unless the owner ultimately controls, governs, or directs the activities within the public place. The term “proprietor” may apply to a corporation as well as an individual.
Subp. 14. Public conveyance. “Public conveyance” means any air, land, or water vehicle used for the transportation of persons whether or not for compensation, including but not limited to airplanes, trains, buses, boats, and taxis. The term includes vans and trucks which may be used to transport persons to, from, and during work or jury duty and those which serve as a place of work, for example, locomotives, police vehicles, or fire vehicles. The term does not include privately owned vehicles when used for private purposes.
Subp. 14a. Public meeting. “Public meeting” has the meaning given in Minnesota Statutes, section 144.413.
Subp. 14b. Public place. “Public place” has the meaning given in Minnesota Statutes, section 144.413.
Subp. 15. [Repealed, 33 SR 1771]
Subp. 16. [Repealed, 33 SR 1771]
Subp. 16a. [Repealed, 33 SR 1771]
Subp. 17. Room. “Room” means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit.
Minn. Stat. § 144.414. Prohibitions
Effective: 7/1/19 – Through: 6/1/23
Subdivision 1.Public places, places of employment, public transportation, and public meetings.
Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation, except as provided in this section or section 144.4167.
Subd. 2.Day care premises.
Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0170, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.
Subd. 3.Health care facilities and clinics.
(a) Smoking is prohibited in any area of a hospital, health care clinic, doctor’s office, licensed residential facility for children, or other health care-related facility, except that a patient or resident in a nursing home, boarding care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws.
(b) Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
Subd. 4.Public transportation vehicles.
Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, “personal use” means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers.
Minn. Stat. § 144.4167. Permitted smoking
Effective: 8/1/20 – Through: 6/1/23
Subdivision 1. Scientific study participants.
Smoking by participants in peer reviewed scientific studies related to the health effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the commissioner and is established by the administrator of the program to minimize exposure of nonsmokers to smoke.
Subd. 2. Traditional Native American ceremonies.
Sections 144.414 to 144.417 do not prohibit smoking by a Native American as part of a traditional Native American spiritual or cultural ceremony. For purposes of this section, a Native American is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
Subd. 3. Private places.
Except as provided in section 144.414, subdivision 2, nothing in sections 144.411 to 144.417 prohibits smoking in:
(1) private homes, private residences, or private automobiles when they are not in use as a place of employment, as defined in section 144.413, subdivision 1b; or
(2) a hotel or motel sleeping room rented to one or more guests.
Subd. 4. Tobacco products shop.
Sections 144.414 to 144.417 do not prohibit the lighting, heating, or activation of tobacco in a tobacco products shop by a customer or potential customer for the specific purpose of sampling tobacco products. For the purposes of this subdivision, a tobacco products shop is a retail establishment that has an entrance door opening directly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco-related devices, and electronic delivery devices, as defined in section 609.685, and in which the sale of other products is merely incidental. “Tobacco products shop” does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.
Subd. 5. Heavy commercial vehicles.
Sections 144.414 to 144.417 do not prohibit smoking in the cabs of motor vehicles registered under section 168.013, subdivision 1e, with a total gross weight of 26,001 pounds or greater.
Subd. 6. Farm vehicles and construction equipment.
Sections 144.414 to 144.417 do not prohibit smoking in farm trucks, as defined in section 168.002, subdivision 8; implements of husbandry, as defined in section 168A.01, subdivision 8; and special mobile equipment, as defined in section 168.002, subdivision 31. This subdivision applies to farm trucks, implements of husbandry, and special mobile equipment, when being used for their intended purposes.
Subd. 7. Family farms.
Sections 144.414 to 144.417 do not prohibit smoking in the house, garage, barns, and other buildings on a family farm that meet the following criteria: (1) the family farm is engaged in farming, as defined in section 500.24, subdivision 2, paragraph (a); (2) the family farm meets the definition of family farm under section 500.24, subdivision 2, paragraph (b), (c), (j), or (l); and (3) the family farm employs two or fewer persons who are not family members.
Subd. 8. Disabled veterans rest camp.
Sections 144.414 to 144.417 do not prohibit smoking in the disabled veterans rest camp located in Washington County, established as of January 1, 2007.
Subd. 9. Theatrical productions.
Sections 144.414 to 144.417 do not prohibit smoking by actors and actresses as part of a theatrical performance conducted in compliance with section 366.01. Notice of smoking in a performance shall be given to theater patrons in advance and shall be included in performance programs.
St. Paul Code Sec. 238.08. – Other applicable laws.
Effective: 1/11/06 – Through: 6/1/23
This chapter is intended to complement and go beyond the Minnesota Clean Indoor Air Act, Minnesota Statutes §§144.411 to 144.417, as amended from time to time. Nothing in this chapter authorizes smoking in any location where smoking is prohibited or restricted by other laws.
St. Paul Code Sec. 238.03. – Prohibitions.
Effective: 1/11/06 – Through: 6/1/23
Smoking is prohibited in restaurants, pool halls, bowling centers, rental halls, bingo halls and licensed liquor establishments.
Minn. R. § 4620.0050. SCOPE AND PURPOSE.
Effective: 6/3/13 – Through: 6/1/23
Parts 4620.0050 to 4620.1450 must be read in conjunction with the Minnesota Clean Indoor Air Act, Minnesota Statutes, sections 144.411 to 144.417.
Nothing in parts 4620.0050 to 4620.1450 shall be construed to affect smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations or to affect the right of building owners or operators to designate their premises as smoke-free.
Minn. Stat. § 144.413. Definitions
Effective: 7/1/19 – Through: 6/1/23
Subdivision 1. Scope.
As used in sections 144.411 to 144.417, the terms defined in this section have the meanings given them.
Subd. 1a.Indoor area.
“Indoor area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an 18 by 16 mesh count is not a wall.
Subd. 1b. Place of employment.
“Place of employment” means any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. Place of employment includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A place of employment includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which work is performed in a private residence is a place of employment during hours of operation if:
(1) the homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or
(2) the homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner’s trade or business.
Subd. 2. Public place.
“Public place” means any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; retail stores and other commercial establishments; educational facilities other than public schools, as defined in section 120A.05, subdivisions 9, 11, and 13; hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings.
Subd. 3. Public meeting.
“Public meeting” includes all meetings open to the public pursuant to section 13D.01.
Subd. 4. Smoking.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes carrying or using an activated electronic delivery device, as defined in section 609.685.
Subd. 5. Public transportation.
“Public transportation” means public means of transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.
Minn. R. § 4620.0955. OFFICES, FACTORIES, WAREHOUSES, OR SIMILAR PLACES OF WORK.
Effective: 6/3/13 – Through: 6/1/23
Subpart 1. [Repealed, 33 SR 1771]
Subp. 2. Smoking-permitted area requirements.
A. A smoking-permitted area in an office or a factory, warehouse, or similar place of work must be designed and operated according to items B to E. Documentation of items B to E must be made available to the commissioner upon request.
B. The area must be maintained at a negative pressure with respect to adjacent or connected nonsmoking areas, as verified by a professional engineer licensed in the state or an individual certified by the National Environmental Balancing Bureau or the American Air Balance Council. The commissioner shall accept documentation of a negative pressure relationship that has been verified within the previous 12 months, provided changes affecting the operation of the ventilation system have not been made.
C. Air from a smoking-permitted area must not be recirculated into a nonsmoking area.
D. Air from the smoking-permitted area must be exhausted directly to the outdoors.
E. The area must be equipped with one of the following:
(1) a continuous physical barrier with closed doors, except to permit necessary ingress and egress, that separates the smoking-permitted area from adjacent or connected nonsmoking areas; or
(2) an air distribution system that is designed and operated to ensure a unidirectional airflow from adjacent or connected nonsmoking areas into the smoking-permitted area, as verified by an individual certified by the National Environmental Balancing Bureau or the Associated Air Balance Council. The commissioner shall accept documentation of unidirectional airflow that has been verified within the previous 12 months, provided changes affecting the operation of the ventilation system have not been made.
§Subp. 3. Effective date. This part is effective September 23, 2003.
St. Paul Code Sec. 238.02. – Definitions.
Effective: 11/25/09 – Through: 6/1/23
As used in this article:
(1) Bowling centers, pool halls, rental halls and bingo halls means those establishments licensed under chapter 322, 403, and 405 of the Saint Paul Legislative Code, whether or not they are also a licensed liquor establishment.
(2) Licensed liquor establishment means an establishment that has an on-sale intoxicating liquor license; an on-sale 3.2 percent malt liquor license; a wine license and/or a strong beer license issued pursuant to chapters 409 or 410 of the Saint Paul Legislative Code, as amended from time to time, but does not include outdoor areas and does not include the guest rooms of a hotel or motel.
(3) Other person in charge means the agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a bar or restaurant at any given time.
(4) Proprietor means the party who holds the license or licenses for a bar or restaurant. The term “proprietor” may apply to a corporation as well as an individual.
(5) Restaurant means an establishment that is operating under a license issued pursuant to Legislative Code section 331A.04(d)(19), (20), (21), (22), (23), (24) or (26) as amended from time to time, but does not include outdoor areas and does not include the guest rooms of a hotel or motel.
(6) Smoking means the inhaling, exhaling or combustion of any cigar, cigarette, pipe, tobacco product, weed, plant or any other similar article. “Smoking” includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. “Smoking” does not include the use of tobacco by an enrolled member of a federally-recognized Indian tribe as part of a traditional Indian spiritual or cultural ceremony.
St. Paul Code Sec. 238.01. – Purposes and findings of fact.
Effective: 1/11/06 – Through: 6/1/23
The city council finds that:
Tobacco smoke is a leading cause of disease in nonsmokers and a major source of indoor air pollution. Secondhand smoke causes heart disease, lung cancer, respiratory infections, decreased respiratory function and other health problems. Secondhand smoke kills an estimated thirty-five thousand (35,000) to sixty-two thousand (62,000) Americans each year from coronary heart disease. Secondhand smoke also causes an estimated three thousand (3,000) lung cancer deaths in America each year.
These effects are well documented, and numerous medical and scientific authorities, including the American Medical Association, the Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program and the World Health Organization have recognized the deadly effects of exposure to secondhand smoke. The proposed Framework Convention on Tobacco Control, a global treaty negotiated by more than one hundred ninety (190) countries, declares that “scientific evidence has unequivocally established that exposure to tobacco smoke causes death, disease and disability.”
There is no safe level of exposure to tobacco smoke. Science has been unable to find any level of dilution at which smoke does not cause cancer. Neither the separation of smokers and nonsmokers, nor the introduction of new ventilation systems, can eliminate the health hazards caused by secondhand smoke.
Employees in smoky workplaces are at special risk. One study has estimated that working in a smoky bar for eight (8) hours is equivalent to smoking sixteen (16) cigarettes. Also at special risk are children, elderly people, and those with cardiovascular disease or impaired respiratory function, including people with asthma and those with obstructive airway disease.
Objective evidence does not bear out the fear that elimination of public smoking will harm a community’s economy or result in a net loss of jobs in restaurants and bars. On the contrary, many independent economic studies have shown that the elimination of smoking has no material economic impact on a community. These studies are drawn from the experience of hundreds of communities that have successfully eliminated smoking in workplaces and public places. The states of California, Connecticut, Delaware, Maine, and New York have adopted laws ending all smoking in bars, restaurants, and other public places, as have the nations of Ireland, New Zealand and Norway.
By reducing the exposure of young people to adult smoking and unhealthy role modeling, elimination of smoking in public places furthers the state’s goal of reducing youth smoking.
There is no legal or constitutional “right to smoke.” Business owners have no legal or constitutional right to expose their employees and customers to toxic chemicals, whether in tobacco smoke or otherwise. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous.
Accordingly, the city council finds and declares that the purpose of this chapter is to:
(1) Protect the public health, welfare and safety by better ensuring the ability of citizens to breathe safe and uncontaminated air;
(2) Affirm that the right to breathe has priority over the desire to smoke; and
(3) Protect vulnerable populations, including employees, children, the elderly and those with chronic health conditions.
Ramsey County Smoking and Commercial Tobacco Use Ordinance
Effective: 8/26/22 – Through: 6/1/23
1.00 This Ordinance will be known as the “Ramsey County Smoking and Commercial Tobacco Use Ordinance.”
2.00 Purpose
2.01 The main objectives of this Ordinance are:
A. To protect the health of the people of Ramsey County from the negative effects of commercial tobacco while in public places and places of employment.
B. To affirm the right of people to breathe air without secondhand smoke.
C. To reduce commercial tobacco use and exposure in children, youth and young adults.
D. To protect the health of vulnerable and disproportionately impacted populations.
E. To reduce waste from commercial tobacco products that can harm human and animal health and the environment.
3.00 Authority
The Ramsey County Board of Commissioners is authorized to adopt this Ordinance by Minnesota Statutes sections 44.417, subd. 4(a) and chapters 145A and 375, the Home Rule Charter for Ramsey County, and other applicable legislation, as may be adopted or amended from time to time.
4.00 Jurisdiction
4.01 This Ordinance applies throughout all of Ramsey County.
4.02 Nothing in this Ordinance will prevent cities and townships within Ramsey County from adopting stricter rules to protect people from smoking or commercial tobacco products.
4.03 Nothing in this Ordinance authorizes smoking or the use of commercial tobacco products in any location where smoking or the use of commercial tobacco products is restricted by other laws.
5.00 Definitions
For purposes of this Ordinance, the following definitions apply, unless the context clearly indicates a different meaning. Any term that is not defined will be interpreted as the commonly understood meaning.
5.01 County staff. County staff and service providers include but are not limited to: employees; independent contractors; contractors; vendors; consultants; volunteers; and elected and appointed officials.
5.02 Electronic delivery device. Any product containing or delivering nicotine, lobelia or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, 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 or descriptor. Electronic delivery device includes any component part of
a product, whether or not marketed or sold separately. Electronic delivery device does not include any “drug,” “device,” or “combination product” as defined in the Federal Food, Drug, and Cosmetic Act that has been authorized by the United States Food and Drug Administration for sale as a tobacco cessation product, a tobacco dependence product, or for other medical purposes.
5.03 Minnesota Clean Indoor Air Act. Minnesota Statutes Sections 144.411 to 144.417, as amended from time to time.
5.04 Place of employment. “Place of employment” as defined in Minnesota Statutes Section 144.413, subd. 1b, as amended from time to time.
5.05 Public place. “Public place” as defined in Minnesota Statutes Section 144.413, subd. 2, as amended from time to time.
5.06 Smoking. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or any other lighted or heated product containing, made or derived from nicotine, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking will also include carrying or using an activated electronic delivery device.
5.07 Commercial tobacco product. Any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including, but not limited to, cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Commercial tobacco products do not include traditional or ceremonial tobacco plant material used as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice or 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.
5.08 Commercial tobacco product use. The act of smoking or the consumption of any commercial tobacco product.
6.00 Prohibitions and Exceptions
6.01 Prohibitions
A. Smoking is not allowed in indoor public places and places of employment as defined by the Minnesota Clean lndoor Air Act.
B. Smoking and commercial tobacco product use are not allowed at any time by any person on any property that is owned, leased, rented, contracted or otherwise used or controlled by Ramsey County. This prohibition includes but is not limited to, all facilities; grounds; parking lots; work areas, vehicles and equipment; walkways, paths and trails; park and recreation areas, lands and bodies of water; public golf courses, playgrounds, beaches, swimming pools, nature areas and recreation centers.
C. Smoking or commercial tobacco product use is not allowed in personal vehicles parked on property that is owned, leased, rented, contracted or otherwise used or controlled by Ramsey County.
D. Except as provided in Section 6.02, smoking is not allowed within twenty-five (25) feet of entrances, exits, windows and ventilation intakes of public places and places of employment.
6.02 Exceptions. The prohibitions in Section 6.01 do not apply to the following places or situations:
A. The proprietor of a food establishment may set aside an outdoor dining or bar area of a food establishment for smoking. This may be done if this location is appropriately signed as a smoking area, and the area is not immediately next to a building entrance.
B. Members of the public passing through on an outdoor street, alley or sidewalk where smoking is prohibited by this Ordinance, while on their way to another location.
C. Use of tobacco as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice. Sacred, traditional use of tobacco for prayer, ceremony and memorial is allowed.
7.00 Enforcement
A. No person or employer can permit smoking in an area they control where smoking is prohibited by this or any other law.
B. No County staff can permit smoking or commercial tobacco product use in any area that is under the control of Ramsey County and in which smoking or commercial tobacco product use is prohibited by this or any other law.
C. County staff may check property that is owned, leased, rented, contracted or otherwise used or controlled by the County to make sure this Ordinance is not violated. Any person who violates this Ordinance will be reminded of its requirements and asked to immediately stop smoking or using commercial tobacco products. Any person who does not stop smoking or using commercial tobacco products will be asked to immediately leave Ramsey County property.
8.00 Violations and Penalties
A. Citations. Where appropriate, the preferred method of enforcement will be a request for voluntary compliance. Whenever any person authorized to issue administrative citations for the violation of law, discovers a violation of this ordinance, an administrative citation may be issued to the person alleged to have committed the violation. The administrative citation will be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent authorized to accept such issuance.
B. Civil administrative fine. Any person who violates this Ordinance by smoking or engaging in commercial tobacco use anywhere it is prohibited, and who does not immediately stop when asked to, may be issued an administrative citation according to the Ramsey County Administrative Ordinance. Fine amounts vary depending on violation. Refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts.
C. Proprietors. Any proprietor, person or entity that owns, leases, manages, operates or otherwise controls the use of an area in which smoking and commercial tobacco product use is prohibited, and that knowingly does not comply with this Ordinance, may be issued a civil penalty. Fine amounts vary depending on violation. Refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts.
D. Repeat violations. Each day a violation occurs or continues will be considered a separate offense. Repeat or ongoing offenses may result in an administrative citation per day, as well as trespass from Ramsey County property.
E. Ramsey County licensees. Failure to comply with this Ordinance may be a basis for adverse action for licenses issued under Ramsey County ordinances.
9.00 Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Ordinance. The Board of Commissioners hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
10.00 Previous Ordinance
Upon the Effective Date of this Ordinance, the Ramsey County Clean Indoor Air Ordinance, B2015-302, adopted September 22, 2015, effective November 29, 2015, is repealed.
11.00 Effective Date
This amendment of the Ordinance will be effective on August 26, 2022.
Minn. Stat. § 609.685. Sale of tobacco to persons under age 21
Effective: 8/1/20 – Through: 6/1/23
Subdivision 1.Definitions.
For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section.
(a) “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
(b) “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.
(c) “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
Subd. 1a.Penalty to sell or furnish.
(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.
Subd. 2.Use of false identification.
A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age, shall only be subject to an alternative civil penalty, in accordance with subdivision 2a.
Subd. 2a.Alternative penalties.
Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.
Subd. 3.
MS 2018 [Repealed by amendment, 2020 c 88 s 11]
Subd. 4.Effect on local ordinances.
Nothing in subdivisions 1 to 2a shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivisions 1 to 2a.
Subd. 5.Exceptions.
(a) Notwithstanding subdivision 1a, an Indian may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.
Subd. 6.Seizure of false identification.
A licensee may seize a form of identification listed in section 340A.503, subdivision 6, if the licensee has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A licensee that seizes a form of identification as authorized under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing it.