Come January, customers will no longer be allowed to sample tobacco products in stores in Columbia Heights. The City Council on Monday voted to prohibit the practice even though it is allowed in certain circumstances under state law.
The resolution also updated city code to match state law by setting the legal age to buy tobacco products at 21. The city code had stated buyers only needed to be 18, but a law enacted last May established a statewide minimum age at 21.
The ordinance "updates the legal age to make it consistent with state law," said Community Development Director Aaron Chirpich.
Tobacco outlets such as Hookah Kingdom fear the ordinance banning product sampling will force them out of business. Eliminating sampling would result in a 65% reduction in gross sales, said Kathleen Loucks, an attorney representing the outlet.
"Customers rely on sampling to make decisions," she said during a City Council meeting on May 24 when the ordinance was first introduced. "It would be difficult for our business to remain open if sampling was prohibited because of the impact on our sales."
The Minnesota Clean Indoor Air Act makes it illegal to smoke products containing nicotine in indoor public places and places of employment and on public transportation. But the statute does allow on-site sampling by customers if the shop derives 90% of its gross revenue from the sale of tobacco and tobacco-related products and if the shop has an entrance door opening to the outdoors.
Cities, however, can enact more stringent laws.
Loucks said Hookah Kingdom has spent "considerable time and money" and has "gone above and beyond" to remain in compliance with state laws and city regulations since opening in 2015. She also said changing the city ordinance would be another major blow to the shop after it experienced a drop in sales during the COVID-19 pandemic. The store had a loss of $69,200 last year but had turned a $94,000 profit in 2019, according to documents provided by the city. The store had nine employees last year and 14 in 2019.
About 90% of Hookah Kingdom's customers are Muslim or East African, and in a letter to the city Loucks wrote that "hookah sampling has cultural and historical implications for the Muslim community." She asked the council to continue following state law and allow tobacco product sampling to continue.
The ordinance was drafted after Columbia Heights police conducted compliance checks in late 2020 and issued citations to two retailers for selling tobacco to minors. That prompted a larger discussion about sales, consumption and regulating indoor smoking and sampling, Chirpich said.
A survey of more than 20 cities revealed that 15 banned sampling of tobacco products, he said.
The city received nine letters in support of the ordinance from health agencies, Chirpich told the council before Monday's vote.
The council unanimously passed the measure. It will go into effect Jan. 1
Tim Harlow • 612-673-7768
