Loading...
HomeMy WebLinkAbout02.04.2026 Planning Commission Agenda Packet PLANNING COMMISSION City Hall—Council Chambers, 3989 Central Ave NE Wednesday, February 04, 2026 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, or by using Microsoft Teams Meeting at ID 269 869 099 071 75, Passcode pG2CQ33o. For questions, please contact Administration at 763- 706-3610. Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763 -706-3610 to make arrangements. CALL TO ORDER/ROLL CALL APPROVE MINUTES 1. MOTION: Approve October 7th, 2025 Planning Commission Meeting Minutes as presented. OTHER BUSINESS 2. Zoning Code Text Updates Discussion 3. Comprehensive Plan Update Review Committee ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 1 MINUTES CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION MEETING October 07, 2025 The meeting was called to order at 6:00 pm by Acting Chair Gianoulis. CALL TO ORDER/ROLL CALL Commissioners present: Dirk Schmitz, Karl Rehfuss, Paul Moses, Ahmed Maameri, John Gianoulis, and Livie Powers (Youth Commissioner) Commissioners absent: Clara Wolfe, Jeffrey Johnson Also present: Ursula Brandt, City Planner; Sarah LaVoie, Administrative Assistant; Mitch Forney, Community Development Director; Laural Deneen, Council Liaison. APPROVAL OF MINUTES 1. Approval of July 01, 2025, Planning Commission Meeting Minutes Motion by Moses, seconded by Rehfuss, to approve the minutes from the meeting of July 01, 2025. All ayes. MOTION PASSED. OTHER BUSINESS 2. Introduction to New City Planner, Ursula Brandt Introduction: Gianoulis asked City Planner Ursula Brandt to introduce herself. Brandt explained that she started working for the City in September and was previously working at the Department of Housing and Urban Development in Minneapolis. Before that, she was a city planner and a housing planner in the Kansas City area, and a city planner in the Peace Corps. She added that she is looking forward to working for the City and working with the Commission. Forney asked Youth Commissioner Powers to introduce herself. Youth Commissioner Powers explained that she started in June and is excited to be at the Planning Commission meeting. 3. Comprehensive Plan Update Schedule Introduction: Brandt stated the Comprehensive Plan lays out the city’s long-range vision for the future in the areas of land use, transportation, development, housing, water systems, climate, natural systems, and parks and trails, and serves as a guide for the city when making decisions. Every ten years, the Met Council tasks cities in the metro area to update their Comprehensive Plan. Met Council officially released the System Statement for Columbia Heights, which marks the kickoff for the Comprehensive Planning process. We will discuss how the Comprehensive Plan was handled in the past and the proposed timeline for the upcoming Comprehensive Plan. Brandt explained that the previous Comprehensive Plan was called “Thrive 2024”. The prep for the 2040 Comprehensive Plan began in 2016 and 2017. During that time, the City formed a review 2 Item 1. City of Columbia Heights MINUTES October 07, 2025 Planning Commission Meeting Page 2 committee, created an RFP and hired consultants, and determined the scope of work and planned the process. In 2017 and 2018, the City introduced the process to the committees and the public, held five community engagement events, brought times to committee meetings to review different topics, drafted a plan review, and submitted the plan to the Met Council. Brandt reviewed the proposed schedule for the 2050 Comprehensive Plan. The planning process would begin in 2026 with a kick-off to create the plan update subcommittee, which would work with the consultants throughout the process. In the spring of 2026, the consultants would be selected. In the summer of 2026, there would be a kickoff with the consultants and a workshop with the subcommittee. Throughout the fall of 2026, the public engagement activities would begin, and staff would work with the subcommittee on each element to run throughout the process. In 2027, the first draft of the plan would be available for staff, commissions, and the Council to review, and the plan would be posted for adjacent and affected communities to revie w. In 2028, the plan would be submitted for preliminary review by the Met Council, the Planning Commission , and the City Council would review the final draft, and the plan would be approved by the Council in the summer or fall. The final due date is Decemb er 31, 2028. Forney explained that the Comprehensive Plan drives everything that the Planning Commission does. There will be a lot of Planning Commission involvement in the creation of the plan. Gianoulis asked if the Planning Commission would be working directly with the subcommittee. Forney replied that staff would need to look into it since none of the current staff were working for the City during the time the previous plan was created. 4. Review Purchase of 4510 Taylor Street NE Introduction: Brandt stated, Pursuant to State Statute, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning Commission”) in and for the City is required to review and determine whether the proposed acquisition of real property by the City’s Economic Development Authority (EDA) conforms to the Comprehensive Plan of the City. Therefore, the EDA has requested that the Planning Commission review the acquisition of 4510 Taylor Street NE, Co lumbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition conforms to the Comprehensive Plan of the City. Brandt explained that the EDA has a long-standing practice of acquiring blighted single-family homes to facilitate scattered site redevelopment, and the proposed acquisition of the Subject Property responds to several goals and policies adopted in the Comprehensive Plan. Specifically, in Chapter 3: Land Use, and Chapter 4: Housing. She reviewed the specific goals and policies from the Comprehensive Plan that directly and indirectly correlate to the conformity of the proposed acquisition. Recommendation: Brandt stated that staff recommends moving to adopt Resolution 2025-PZ01, a resolution finding that the proposed acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. 3 Item 1. City of Columbia Heights MINUTES October 07, 2025 Planning Commission Meeting Page 3 Questions/Comments from Members: Rehfuss mentioned that the Agenda Packet says there will be redevelopment and asked what they would be. Forney replied that the EDA intends to demolish the structure. The redevelopment will be a residential use. Maameri asked if the City owned similar single-family homes. Forney replied that the City does. The majority of the properties that the EDA has purchased have been commercial lots that are along Central Avenue. The EDA has shifted the focus to get some of the single-family lots that are non- conforming along Central Avenue. Maameri asked if the goal in acquiring single-family homes was to have affordable housing. Forney replied that an ADU does not need to be affordable housing, but it is possible that it could be used for affordable housing, and there could be a partnership with Habitat for Humanity. Schmitz asked if there was anyone occupying the property. Forney replied that there is not. The Fire Department will use the building for training before it is demolished. The EDA works with Better Futures to salvage some of the building materials for reuse. Moses asked what happened to the house. Forney replied that pipes burst in the winter, which caused flooding in the house. The renters moved out without telling the property owner, which is why the pipes burst because no one was keeping the heat on. Mold got into the house, and there are holes in the house, causing critters to get into the house. Maameri asked if one of the plans for the property was to demolish the house, rebuild a residential home, and then sell it. Forney replied that it depends on where the EDA would like to go with the project. Typically, the City would not build the project and would sell the lot on a bid process that is open to any housing developer to build a house to the specs that the EDA determines. For example, if the EDA desires an ADU, the EDA could determine how many bedrooms and square footage. A development agreement would be included. Powers asked what the EDA and ADU are and what power they have with the Compreh ensive Plan. Forney replied that the EDA is another Commission called the Economic Development Authority. The EDA and Planning Commission are required by law and are regulated by State law. The EDA has its own levying authority for economic development purposes within the City. The City used to have an HRA, which is a Housing Redevelopment Authority. The City collapsed the HRA and gave all powers of housing and housing redevelopment to the EDA. The ADU is an Accessory Dwelling Unit, which is an additional unit on a property that can be rented. The owner must be the occupant of one of the units. Maameri mentioned that not many people would want to purchase a property that needs to be torn down. He asked if the City was helping the process by purchasing the property, demolishing it so that more people would want to build on the property. Forney agreed. 4 Item 1. City of Columbia Heights MINUTES October 07, 2025 Planning Commission Meeting Page 4 Motion by Maameri, seconded by Moses, to waive the reading of Resolution 2025-PZ01, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitz, seconded by Rehfuss, to adopt Resolution 2025-PZ01, a resolution finding that the acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. All ayes. MOTION PASSED. Forney mentioned that there would be a variance for the Planning Commission to review during the next meeting. The Medtronic site is still moving forward and will kick back up in January. Forney mentioned that the City would be reissuing bonds and reloaning funds for the Rainbow site. The City Manager met with Alatus to discuss how to adjust the site to get the project moving forward. ADJOURNMENT Motion by Moses, seconded by Rehfuss, to adjourn the meeting at 6:25 pm. All ayes. MOTION PASSED Respectfully submitted, __________________________________________ Sarah LaVoie, Administrative Assistant 5 Item 1. ITEM: Zoning Code Text Updates Discussion Presenting Item: Ursula Brandt, City Planner DEPARTMENT: Community Development BY/DATE: January 28, 2026 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Community that Grows with Purpose and Equity _High Quality Public Spaces _Safe, Accessible and Built for Everyone X Engaged, Effective and Forward-Thinking _Resilient and Prosperous Economy _Inclusive and Connected Community BACKGROUND Staff are tracking potential updates to City Zoning Code Chapter 9 (Land Use) based on observations, feedback, and recommendations from staff and community members, with the goal of adjusting the Zoning Code to better reflect community needs while promoting consistency in future development and being in compliance with State and Federal laws. Items for discussion: Places of Worship The Religious Land Use and Institutionalized Persons Act (RLUIPA) passed in 2000 and mandates that religious assemblies and institutions be treated at least as well as non-religious assemblies and institutions. The City’s zoning code restricts “religious facilities/places of worship” to residential zones with a conditional use permit, while allowing “auditorium/places of assembly”, “banquet hall”, “club or lodge”, “theater-live performance” and “theater – movie” in commercial zones. This creates a conflict with RLUIPA. Staff is recommending the code be updated to add “religious facilities/places of worship” as permitted with a conditional use permit in General Business (GB) and Central Business District (CBD) with the same specific development standards as required in the residential zones. This would make the use consistent with a “banquet hall” in City zoning code. Non – Conformities State Statute 462.357 Subdivision 1e states: “Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion”. The City’s zoning code does not allow for “replacement” and is therefore in conflict with the State Statute . PLANNING COMMISSION MEETING AGENDA SECTION OTHER BUSINESS MEETING DATE FEBRUARY 4, 2026 6 Item 2. City of Columbia Heights - Council Letter Page 2 Staff is recommending amending 9.105 Nonconformities (C)Nonconforming Structures (4) Repair and maintenance to include replacement that does not increase the nonconformity in any way. Multiple-family dwelling, when above a first-floor commercial use The City’s zoning code permits “multiple-family dwelling, when above a first-floor commercial use” in the Central Business District (CBD), but restricts “Single family dwelling, when accessory to a commercial use” to the Limited Business (LB) district with a conditional use permit. Staff is recommending changing the allowed use to “single and multiple family dwelling, when above a first- floor commercial use” in the Central Business District (CBD) to allow single apartments above commercial uses. Smoke Shops On November 24, 2025, the City Council adopted Ordinance 1720 regarding Chapter 5.3 Tobacco Regulations. 9.103, 9.106 and 9.107 in the Zoning Code need to be updated to reflect the changes. Staff Recommends the following changes. 9.103 Definitions SMOKE TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories, and prohibits persons under 21 from being present or enter at all times. ACCESSORY TOBACCO RETAILER. A retail establishment that has obtained an appropriate license from the City and that derives no more than 45% of its gross revenues from the sale of lic ensed products. 9.106 General Development Standards Table of Uses Add the Accessory Tobacco Retailer use to the table as permitted in all commercial districts. 9.107 Specific Development Standards (43) Smoke Tobacco Product shops. (a) The smoke shop Must have an entrance door opening directly to the outdoors. (b) Share no wall with, and has no part of its structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque and without doors, windows and pass-throughs to the other business or retailer (c) Shall share no walls with, and has no part of its structure directly adjoined to, another tobacco retailer (b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. (c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. (d) The total number of city-issued smoke shop licenses shall at no time exceed five. (d) Any existing smoke tobacco product shops at the time of the passage of Ord. 1570 1720 shall comply fully with the ordinance by December 31, 2010 January 1, 2026. Tobacco Product Shop 7 Item 2. City of Columbia Heights - Council Letter Page 3 RECOMMENDATIONS Staff is recommending the following amendments to the Zoning Code: 1. 9.103 Definitions update Smoke Shop to Tobacco Product Shop and add the definition of Accessory Tobacco Retailer. 2. 9.105 Nonconformities to include replace in Repair and Maintenance of a Nonconforming structure but does not allow for an increase in nonconformity with the replacement. 3. 9.106 General Development Standards (S) Table of Uses a. Add Single Family Dwelling Unit when accessory to commercial as permitted in the Central Business District b. Change Smoke Shops to Tobacco Product Shops c. Add Accessory Tobacco Retailer as permitted in all Commercial Districts d. Add Religious facility/place of worship as a Conditional Use in General Business and Central Business District 4. 9.107 Specific Development Standards a. Amend (43) Smoke Shops to be in alignment with Ordinance 1720 as presented above. ATTACHMENTS 1. Ordinance 1720 8 Item 2. ORDINANCE NO. 1720 BEING AN ORDINANCE AMENDING CHAPTER 5.3 OF THE COLUMBIA HEIGHTS CITY CODE TO REVISE PURPOSE AND INTENT, DEFINITIONS, LICENSE, FEES, BASIS FOR DENIAL OF LICENSE, PROHIBITED SALES, COMPLIANCE CHECKS AND INSPECTIONS, EXCEPTIONS AND DEFENSES, AND VIOLATIONS AND PENALTIES The City of Columbia Heights does ordain: Section 1 5.301 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.301 PURPOSE AND INTENT. Because the City recognizes that the sale of commercial tobacco, tobacco -related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 21 violates both state and federal laws; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because marketing analysis, public health research, and commercial tobacco industry documents demonstrate that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the presence of such flavors can make it more difficult to quit; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial burden on all levels of government; this ordinance is intended to regulate the sale of commercial tobacco, tobacco -related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious effects associated with the use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke, as stated in M.S. § 144.391, as it may be amended from time to time. Ord. 1371, passed 5-11-98; Am. Ord. 1616, passed 10-27-14; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11-21) Section 2 5.302 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.302 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY TOBACCO RETAILER. A retail establishment that has obtained an appropriate license from the City and that derives no more than 45% of its gross revenues from the sale of licensed products. DRAFT VERSION 11.12.2025 9 Item 2. City of Columbia Heights — Ordinance Page 2 CHILD -RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20. as in effect on January 1, 2015. CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3, as it may be amended from time to time. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this article. attempt to purehase'" eRsed pFed cts. Compliance checks may also be conducted by the City or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. 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 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. FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice, or a cooling or numbing sensation distinguishable by an ordinary consumer either prior to or during the consumption of such licensed product. A public statement or claim, whether expressed or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a cooling or numbing sensation or a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. Presumptive evidence may include but is not limited to the use of terms such as "cool," "chill," "ice," "fresh," "arctic," or "frost" to describe the product. INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether opened or closed, covering more than 50% of the combined surface area of 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 10 Item 2. City of Columbia Heights - Ordinance Page 3 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. LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco -related device, electronic delivery device, or nicotine or lobelia delivery product. LOOSE TOBACCO. Any product that consists of loose leaves or pieces of tobacco that is intended for use by consumers in a pipe, roll -your -own cigarette, or similar product or device. LOOSIES. The common term used to refer to single cigarettes, cigars, and any other licensed products that have been removed from their original retail packaging and offered for sale. Loosies does not include premium cigars that are hand -constructed, have a wrapper made entirely from whole tobacco leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials used to maintain size, texture, or flavor. MOIST SNUFF. Any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure licensed for over-the-counter sales transactions. NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as "drug," devices," or "combination," as defined in the Federal Food, Drug, and Cosmetic Act. RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. The phrase shall include but not be limited to tobacco product shops, accessory tobacco retailers, liquor stores, grocery stores, convenience stores, bars, and restaurants. SALE. Any transfer of goods for money, trade, barter or other consideration. SELF-SERVICE DISPLAY. Open displays of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee's employee, and where a physical exchange of the licensed product from the licensee or the licensee's employee to the customer is not required in order to access the licensed products. SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or 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 also includes carrying or using an activated electronic delivery device. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 11 Item 2. City of Columbia Heights - Ordinance Page 4 SNUS. Any smokeless tobacco product marketed and sold as snus, and sold in ready -to -use pouches or loose as a moist powder. TOBACCO. 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 cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobaccos; fine cut and other chewing tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO does not include 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. TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license from the eCity that: 1) Prohibits persons under 21 from being present or entering at all times; 2) Derives at least 90% of its gross revenues from the sale of licensed products; and 3) Meets all of the following building or structural criteria: a) Shares no wall with, and has no part of its structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque, and without doors, windows, and pass-throughs to the other business or retailer; b) Shares no walls with, and has no part of its structure directly adjoined to another licensed tobacco retailer; and c) Is accessible by the public only by an entrance door opening directly to the outside. TOBACCO -RELATED DEVICES. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. TOBACCO -RELATED DEVICES include components of tobacco -related devices or tobacco products which may be marketed or sold separately. Tobacco -related devices may or may not contain tobacco. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses licensed products upon the insertion of money, tokens or other form of payment into or onto the machine by the person seeking to purchase the licensed product. Ord. 1371, passed 5-11-98; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1616, passed 10-27-14; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11-21) Section 3 5.303 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.303 LICENSE. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 12 Item 2. City of Columbia Heights - Ordinance Page 5 A) License required. No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the City. B) Accessory tobacco retailer license. 1) No person shall operate an accessory tobacco retailer without first having obtained an accessory tobacco retailer license to do so from the City. To qualify for an accessory tobacco retailer license, the retail establishment must: a) Derive no more than 45% of its gross revenues from the sale of licensed products. 2) Accessory tobacco retailers must provide financial records documenting annual gross sales, upon request by the City. 8C) Tobacco product shop license. 1) No person shall operate a tobacco product shop without first having obtained a tobacco product shop license to do so from the City. To qualify for a tobacco product shop license, the retail establishment must: a) Prohibit persons under the age of 21 from being present or entering at all times; b) Derive at least 90% of its gross revenues from the sale of licensed products; and c) Meet all of the following building or structural criteria: 1. Share no wall with, and has no part of its structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque, and without doors, windows, and pass-throughs to the other business or retailer; 2. Share no walls with, and has no part of its structure directly adjoined to, another licensed tobacco retailer; and 3. Is accessible by the public only by an entrance door opening directly to the outside. 2) Tobacco product shops must provide financial records documenting annual gross sales, upon request by the City. 3) Maximum number of licenses. The maximum number of tobacco product shop licenses issued by the City at any time is limited to zero. The City will not issue any new licenses for tobacco product shops after December 31, 2025. 4) Renewal of existing licenses. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 13 Item 2. City of Columbia Heights - Ordinance Page 6 a) The City will renew existing tobacco product shop licenses that were issued prior to January 1, 2026, to existing license holders who have applied for renewal by December 31 of each year. b) An eligible party will lose the existing license if they fail to renew it annually or if the license is revoked for any reason. 5) One-time succession allowance. a) For onetime only per location, the City will allow an existing tobacco product shop license to be issued to a new owner of an existing tobacco product shop location if the new owner applies for and meets the requirements for licensure under this section. b) A new owner licensed under this subsection will be subject to the same annual renewal requirements as existing tobacco product shop licensees. c) The new owner will lose the existing license if they fail to renew the license annually or, if the license is revoked for any reason, the license will be forfeited. d) This one-time succession allowance only applies to tobacco product shop locations that are duly licensed as of December 31, 2025. e) This one-time succession allowance only applies if the tobacco product shop is sold to or ownership is transferred to the new owner on or before January 1, 2028. ED) Application. An application for a license to sell licensed products shall be made on a form provided by the City. The application shall contain the full name of the applicant, applicant's date of birth, applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, the name of the business's operator, and any additional information the City deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department for a background and record check prior to formal review by the City Council. If the Clerk shall determine that an application is incomplete, the Clerk shall return the application to the applicant with notice of the information necessary to make the application complete. s ) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue or renew the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. E- ) Term. All licenses issued or renewed under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro -rated. F-G) Revocation or suspension. Any license issued or renewed under this article may be revoked or suspended as provided in § 5.311. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 14 Item 2. City of Columbia Heights - Ordinance Page 7 GH) Transfers. All licenses issued or renewed under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. 441) Moveable place of business. No license shall be issued or renewed to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. U) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. 0) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. KL) Issuance and renewal as privilege and not a right. The issuance or renewal of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. W) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this ordinance. MN) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. The distribution of licensed products as a free donation is prohibited. Ord. 1371, passed 5-11-98; Am. Ord. 1570, passed 9-28-09; Am. Ord. 1616, passed 10-27-14; Am. Ord. 1652, passed 10-8-18; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11- 21) Penalty, see § 5.313 Section 4 5.304 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.304 FEES. No license shall be issued or renewed under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be established in the City's schedule of fees. Ord. 1371, passed 5-11-98; Am. Ord. 1670, passed 10-11-21) Penalty, see § 5.311 Section 5 5.305 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.305 BASIS FOR DENIAL OF LICENSE. A) Grounds for denying the issuance or renewal of a license under this article includes but is are not limited to the following: 1) The applicant is under the age of 21 years. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 15 Item 2. City of Columbia Heights - Ordinance Page 8 2) The applicant, or any employee thereof, has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. 3) The applicant has had a license to sell licensed products revoked within the preceding 12 months of the date of application. 4) The applicant fails to provide any information required on the application, or provides false or misleading information. 5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding such a license. 6) Any other suitable reason that the granting of a license to the applicant is inconsistent with public health, safety, and welfare, including the applicant's history of noncompliance with this ordinance and other laws relating to the sale of licensed products. B) However, except as may otherwise be provided by law, the existence of any particular ground for denial does not obligate the City to deny the license. C) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article. The City will provide the license holder with notice of the revocation, along with information on the right to appeal. Ord. 1371, passed 5-11-98; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11-21) Penalty, see § 5.311 Section 6 5.306 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.306 PROHIBITED SALES. In general. No person shall sell or offer to sell any licensed product: 1) By means of any type of vending machine. 2) By means of self-service display. All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. This division shall net apply to tabaeee pFeduEt sheps, 3) By means of loosies as defined in § 5.302; 4) Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, Fna ijWaRa_1 cannabis, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. 5) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 16 Item 2. City of Columbia Heights - Ordinance Page 9 B) Legal age. No person shall sell any licensed product to any person under the age of 21. 1) Age verification. Licensees must verify by means of government -issued photographic identification containing the bearer's date of birth that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. 2) Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales must be posted prominently in plain view at all times at each location where licensed products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. C) Flavored products. No person shall sell or offer for sale any flavored products. This prohibition gees shall not apply to licensed tobacco product shops until January 1, 2028, on and after which date the sale of flavored products shall be prohibited in all retail establishments in the City. D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child resistant. Upon request by the City, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. E) Minimum prices and package sizes. 1) Cigar minimum price and package size. No person shall sell or offer to sell any cigar unless it is within a package containing a minimum of five cigars; and any package of cigars for a sales price of less than $13.75 per package before taxes and fees. This provision does not prohibit the sale of a single cigar with a sales price of at least $2.75, after any discounts are applied and before sales taxes are imposed. 2) Cigarette minimum price. No person may sell or offer to sell cigarette packages or cartons for a sales price of less than $12 per pack before taxes and fees. 3) Moist snuff minimum price and package size. No person shall sell or offer to sell moist snuff retail packages or multipacks for a sales price of less than $12 per 1.2-ounce package before taxes and fees. No person shall sell or offer to sell any smokeless tobacco or moist snuff for retail sale unless it is sold in a package of at least 1.2 ounces minimum package size. The price floor for packages larger than 1.2 ounces shall be computed by adding $2.50 for each 0.3 ounce or any fraction thereof more than 1.2 ounces, excluding taxes and fees. 4) Snus minimum price and package size. No person shall sell or offer to sell snus for a sales price of less than $12 per 0.32-ounce package before taxes and fees. No person shall sell or offer to sell any Snus unless it is sold in a package of at least 0.32 ounce minimum pack size. The price floor for packages larger than 0.32 ounce shall be computed by adding $2.50 for each 0.08 ounce or any fraction thereof more than 0.32 ounce excluding taxes and fees. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 17 Item 2. City of Columbia Heights - Ordinance Page 10 5) Loose tobacco minimum price and package size. No person shall sell or offer to sell a package of loose tobacco for three ounces or less, prior to applicable sales taxes being imposed, of less than $4 nor a package of loose tobacco greater than three ounces, prior to taxes being imposed, of less than $12. 6) Electronic delivery device minimum price. No person shall sell or offer to sell any electronic delivery device at a price that is less than $20 per device, excluding taxes and fees. This price is applicable to any type of electronic delivery device and applies per unit even if sold together. 7) Price adjustment. The minimum pricing established in this section shall be adjusted periodically to account for inflation and market variation. F) Coupon and price promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any licensed products to a consumer at no cost or at a price that is less than the non -discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes. Ord. 1371, passed 5-11-98; Am. Ord. 1513, passed 9-25-06; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11-21) Penalty, see § 5.311 Section 7 5.307 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.307 LICENSE HOLDER RESPONSIBILITY. All licensees are responsible for the actions of their employees regarding the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee. It shall be the license holder's responsibility to provide training to any employee conducting sales of licensed products and to document proof of such training to be provided upon request by any enforcing agent of the City. Ord. 1371, passed 5-11-98; Am. Ord. 1670, passed 10-11-21) Penalty, see § 5.311 Section 8 5.308 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.308 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspection by law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks to ensure compliance with all provisions of this ordinance. In accordance with state law, the City will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase licensed products. Prior written consent from a parent or 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 18 Item 2. City of Columbia Heights - Ordinance Page 11 guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. Ord. 1371, passed 5-11-98; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11-21) Penalty, see § 5.311 Section 9 5.309 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.309 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this article: A) Illegal procurement. It shall be a violation of this article for any person aged 21 or older to purchase or otherwise obtain licensed products on behalf of a person under the age of 21. It shall further be a violation for any person aged 21 or older to sell or otherwise provide any licensed product to any person under the age of 21, and it shall further be a violation to coerce or attempt to coerce a person under the age of 21 to purchase or otherwise obtain or use any licensed products. This division shall not apply to individuals lawfully involved in a compliance check. B) Use of false identification. It shall be a violation of this article for any person to attempt to disguise their true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Ord. 1371, passed 5-11-98; Am. Ord. 1667, passed 6-14-21; Am. Ord. 1670, passed 10-11-21) Penalty, see § 5.311 Section 10 5.310 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.310 EXCEPTIONS AND DEFENSES. Nothing in this article shall prevent the providing of tobacco or tobacco -related devices to a person under the age of 21 as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. Ord. 1371, passed 5-11-98; Am. Ord. 1670, passed 10-11-21) Section 11 5.311 of the Columbia Heights City Code is hereby amended to read as follows, to wit: 5.311 VIOLATIONS AND PENALTIES. A) Violations. 1720 Tobacco Regulations DRAFT VERSION 11.12,2025 19 Item 2. City of Columbia Heights - Ordinance Page 12 1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. 3) Hearing Officer. The City Council, or representative designated by the City Council, shall serve as the hearing officer. 4) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under division (B) of this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. 5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. 6) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. B) Administrative penalties. 1) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of $480-$600 for a first violation of this article; $600-$1200 for a second offense at the same licensed premises within a 36-month period; and $1,000 $2,000 for a third or subsequent offense at the same location within a 36-month period. In addition, after the second offense, the license shall be suspended for not less than three days, and after the third offense, the license shall be suspended for not less than seven days. Upon a fourth violation within a 36-month period, the license will be revoked. 2) Other individuals. Other individuals, atheF than ^ ndeF the age Of 2 Fegulated by divffisien (6)(3) of this , found to be in violation of this article may be charged an administrative fee of $50. 1720 Tobacco Regulations DRAFT VERSION 11.12.2025 20 Item 2. City of Columbia Heights - Ordinance Page 13 4 ) Statutory penalties. If the administrative penalty for violations against licensed retailers under division (13)(1) above authorized to be imposed by M.S. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail. C) Misdemeanor. Nothing in this section prohibits the City from seeking prosecution as a misdemeanor for an alleged second violation of this ordinance by a person 21 years of age or older within five years of a previous conviction under the ordinance. Ord. 1371, passed 5-11-98; Am. Ord. 1670, passed 10-11-21) Section 12 This ordinance shall be in full force and effect from and after July 1, 2026. First Reading: November 10, 2025 Offered by: James Seconded by: Deneen Roll Call: All ayes, Spriggs absent Second Reading: November 24, 2025 Offered by: Deneen Seconded by: James Roll Call: All Ayes Date of Passage: November 24, 2025 Amdaarquez Simula, or Attest: l Sara Ion, City Clerk/Council Secretary 1720 Tobacco Regulations DRAFT VERSION 11,12,2025 21 Item 2. SUMMARY OF ORDINANCE NO. 1720 BEING AN ORDINANCE AMENDING CHAPTER 5.3 OF THE COLUMBIA HEIGHTS CITY CODE TO REVISE PURPOSE AND INTENT, DEFINITIONS, LICENSE, FEES, BASIS FOR DENIAL OF LICENSE, PROHIBITED SALES, COMPLIANCE CHECKS AND INSPECTIONS, EXCEPTIONS AND DEFENSES, AND VIOLATIONS AND PENALTIES The City Council for the City of Columbia Heights, Minnesota, adopted Ordinance No. 1720 on November 24th, 2025. The purpose of this ordinance is to amend, upon passage, Chapter 5.3: Tobacco Regulations, of the Code of Ordinances. Specifically, this amendment: revises Purpose and Intent to reference public health findings; adds new and amends existing Definitions; updates License to define an accessory tobacco retailer licensing process, to include language which will reduce the number of tobacco product shop licenses to zero through attrition, and to provide for a one-time succession allowance through January 15t, 2028 for tobacco product shops; clarifies language in Fees; strengthens language in Basis for Denial of License; updates Prohibited Sales to modernize language, to comprehensively prohibit the sale of flavored products in all retail establishments beginning January 15t, 2028 (note: sale of flavored products by accessory tobacco retailers is already prohibited), to institute minimum prices and package sizes for licensed products, and to ban the use of coupons and price promotions; clarifies language in Compliance Checks and Inspections; fixes a typo in Exceptions and Defenses; and strengthens Violations and Penalties for licensees while removing purchase, use, and possession penalties for persons under the age of 21. This is a summary of Ordinance No. 1720. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.Columbiaheightsrnn.gov. . A ada Mar ez Simul ayor Attest: Sara Ion, City Clerk/Council Secretary Ordinance No. 1720 22 Item 2.