City Council Meeting Date: August 4, 2025
To: Mayor and City Council
City Administrator
From: Meleah Follen, Northfield Alliance for Substance Abuse Prevention staff support
Ashley Gardner, Northfield Alliance for Substance Abuse Prevention staff support
Title
Consider Ordinance Amending Northfield City Code, Chapter 30 - Health and Sanitation, Article II. - Tobacco (First Reading).
Body
Action Requested:
The Northfield City Council considers a motion to approve Ordinance Amending Northfield City Code, Chapter 30 - Health and Sanitation, Article II. - Tobacco (First Reading).
Summary Report:
Over the past seven months, the Northfield Alliance for Substance Abuse Prevention (N-ASAP) has been reviewing the City of Northfield’s tobacco ordinance and discussing the desire to have the City Council consider updates to it. With the help of city staff and the city attorneys, a draft
for this update was created and was unanimously approved by the members of N-ASAP.
Members of N-ASAP are committed to and work diligently to prevent youth substance misuse. Throughout their efforts the topic of increased use of nicotine, particularly vaping products, among youth has risen to the forefront. On December 31, 2024, several members of the N-ASAP attended the Rice County Board of Commissioners meeting where they voted to end the sale of all flavored and menthol commercial tobacco products, raise the minimum clerk selling age, and prohibit coupons and promotions of commercial tobacco products. This was a critical first step in protecting our youth in Rice County from the harms of early nicotine use, but ultimately the Rice County ordinance update only impacted retailers in unincorporated Rice County, of which there are only five. To truly make an impact we believe ending the sale of flavors and menthol nicotine products needs to be expanded, and while we are hopeful that the state legislature will eventually create a statewide ban, until that happens, we are asking our local leaders to lead the way.
The statistics around youth tobacco/nicotine product use are sobering, especially when it comes to the use of flavored products. In 2023 the Minnesota Youth Tobacco Survey found that 75% of Minnesota youth that have ever tried a commercial tobacco/nicotine product started with a flavored product. This same survey found that: 81.2% of students who use tobacco products use flavored products; that almost 80% of current Minnesota youth who vape reported signs of dependence like reaching for their vape without thinking about it or feeling like they really need to use it; and that almost 50% of current Minnesota youth who vape are frequent users (used 20+ in past 30 days), a 47% increase from 2020 and an astonishing 165% increase from 2017. Tobacco companies know this and market their products to a younger audience, in flavors, packaging, store displays, promotions and more. Menthol as a flavor presents its own risks: studies show that people who smoke menthol cigarettes have more nicotinic receptors in the brain making the brain even more dependent; menthol makes quitting nicotine products harder and contrary to popular opinion, menthol products are used by younger people MORE than older people.
N-ASAP is eager to see the City of Northfield City Council join the Rice County Commissioners in protecting youth in our community by limiting access to harmful substances that can negatively impact them. We are unanimously proposing the following ordinances be updated:
1) End the sale of all flavored and menthol commercial tobacco products
2) Restrict coupons and promotions for commercial tobacco products
3) Restrict the delivery sale of commercial tobacco products
4) Raise the minimum clerk selling age from 18 to 21 years old
The following is a summary of licenses and fees paid by those businesses in Northfield that would be impacted by the changes:
|
Business Name |
DBA |
Address |
Fee |
|
Casey's Retail Co. |
Casey's General Store #2400 |
521 Woodley Street W |
$400 |
|
Northfield 2002 LLC |
Cub Foods #1637 |
2423 Hwy 3 S |
$400 |
|
Dollar General |
Dollar General # 24255 |
930 Hwy 3 N. |
$400 |
|
Northfield Inc |
Downtown Tobacco |
429 Division St, Ste A |
$400 |
|
Ericksons Diversified Corp |
Family Fare #330 |
601 S Division St |
$400 |
|
Circle K Stationstores |
Circle K |
100 Water St |
$400 |
|
Kwik Trip, Inc |
Kwik Trip #385 |
500 Laurel Ct |
$400 |
|
City of NFLD |
NFLD Liquor Store |
116 W 5th Street |
$400 |
|
Posh Puff Tobacco |
Posh Puff Tobacco LLC |
2010 Jefferson Rd. Suite D |
$400 |
|
Northern Tier Retail LLC |
Speedway #4316 |
1115 Hwy 3 S |
$400 |
|
Tobacco Field Inc |
Tobacco Field |
1100 Hwy 3 S |
$400 |
|
Walgreens Co. |
Walgreens #9065 |
401 5th Street W |
$400 |
|
Ziggy's LLC |
Ziggy's LLC |
109 Water St N |
$400 |
|
Total Revenue |
|
|
$5,200 |
Two compliance checks are done annually for each license holder by the police department.
In 2023, compliance checks were conducted in July and October. Ziggy’s and Speedway each failed one compliance check. In both cases, the individuals who sold to minors were over the age of 21. These violations have gone through the court process, and violation agreements with associated fines will be presented to Council for approval in August or September 2025.
In 2024, compliance checks were completed in May and October with all establishments passing. Also in 2024, the State of Minnesota seized contraband tobacco products from Casey’s constituting a violation of City Code. This compliance check was part of a reimbursed educational program, therefore the City cannot issue a charge, but the incident will be documented in the file.
A compliance check conducted on May 12, 2025, found Downtown Tobacco in violation. This compliance check was part of a reimbursed educational program also therefore the City cannot issue a charge, but the incident will be documented in the file. Due to this being an educational program, the seller's age was not recorded.
Penalties are as follows on failed compliance checks:
|
Tobacco License Violation Penalties |
|
Violation |
Penalties |
|
1st offense |
$250.00 civil penalty |
|
2nd offense within 2 years* |
$500.00 civil penalty and a 3-day suspension of license |
|
3rd offense within 3 years* |
$2,000.00 civil penalty and 18-day suspension of license |
|
4th offense within 5 years* |
$2,500.00 civil penalty and revocation of license for a minimum of 1 year |
* measured from date of first offense
Attachments include:
Attachment #1 N-ASAP Presentation
Attachment #2 Tobacco Ordinance - Clean Version
Attachment #3 Article II. Tobacco - Redlined version
Attachment #4 Letter to City Council from N-ASAP
Attachment #5 Letters of Support
Attachment #6 Youth Contact Cards
Alternative Options:
A. Approve main motion. Then a motion to amend “to leave the minimum age to sell at 18.”
B. Approve main motion. Then a motion to amend “to delete all clause 8 related to ‘Coupon and price promotion prohibited.’”
C. Approve main motion. Then a motion “to delete all clause 6 related to ‘delivery sales’ prohition.”
D. Other amendments using format for A-C options above.
E. No Changes (not act)
F. Motion to postpone for further research.
The motions amending do not require specific ordinance language. Staff, with legal counsel assistance, will prepare amended language that include amendments for the Second reading.
Financial Impacts:
There are no direct financial impacts related to the ordinance.
Tentative Timelines:
ü May - Northfield ASAP Discussion of Ordinance
ü June 18th - Northfield ASAP Recommendation
o August 4th - City Council First Reading
o August 19th - City Council Second Reading