Ramsey County Smoking and Commercial Tobacco Use Ordinance

What does the Ramsey County Smoking and Commercial Tobacco Use Ordinance (SCTUO) do?

The ordinance sets rules for commercial tobacco use for locations within Ramsey County: 

• The ordinance prohibits the use of all commercial tobacco products both indoors and outdoors on property owned and leased by Ramsey County, including but not limited to:
• Facilities and grounds. 
• Parking lots, including personal vehicles parked on Ramsey County property. 
• Park and recreation areas, lands and bodies of water. 
• Public golf courses, playgrounds, beaches, swimming pools, nature areas and recreation centers. 
• Walkways, paths and trails. 
• Work areas, vehicles and equipment.  

The ordinance applies to public places and places of work in Ramsey County:

Together with the Minnesota Clean Indoor Air Act, this Ordinance prohibits smoking and electronic cigarette use (vaping) indoors and within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work.  Examples of public places and places of employment include but are not limited to: 

• Bars, restaurants and private clubs. 
• Office and industrial workplaces. 
• Retail stores. 
• Common areas of rental apartment buildings, hotels and motels. 
• Public transportation, including taxis. 
• Work vehicles, if more than one person is present. 
• Home offices with one or more on-site employees or used as a place to meet or deal with customers – during work hours. 
• Public and private educational facilities. 
• Auditoriums, arenas and meeting rooms. 
• Day care premises. 
• Health care facilities and clinics. 

What is considered smoking in the ordinance? 

The ordinance defines smoking as: “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.” 

This means smoking and vaping, including carrying an activated electronic cigarette or vape pen are not allowed. 

What is considered a commercial tobacco product? 

The ordinance defines commercial tobacco as: “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 used as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice. For more information, visit Traditional Tobacco and American Indian Communities in Minnesota 

Commercial tobacco products do 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. 

Where does the ordinance apply? 

The ordinance applies throughout all of Ramsey County. It does allow other local levels of government within Ramsey County, to have stricter regulations to protect citizens from second-hand smoke. This ordinance does not allow smoking in any location where smoking and the use of commercial tobacco products are restricted by other applicable laws, such as the Freedom to Breathe Act. 

Who is responsible for complying with this ordinance? 

The responsibility rests with the person(s) responsible for places in which smoking, vaping and the use of commercial tobacco products are prohibited. The list below includes the examples of these places:  

• Bars, restaurants, and private clubs.
• Office and industrial workplaces. 
• Retail stores. 
• Common areas of rental apartment buildings, hotels, and motels. 
• Public transportation, including taxis. 
• Work vehicles, if more than one person is present. 
• Home offices with one or more on-site employees or used as a place to meet or deal with customers – during work hours. 
• Public and private educational facilities. 
• Auditoriums, arenas, and meeting rooms. 
• Day care premises. 
• Health care facilities and clinics. 
• Any property that is owned, leased, rented, contracted, or otherwise used or controlled by Ramsey County. This prohibition includes but is not limited to: 
  • Facilities and grounds. 
  • Parking lots, including personal vehicles parked on Ramsey County property. 
  • Park and recreation areas, lands and bodies of water. 
  • Public golf courses, playgrounds, beaches, swimming pools, nature areas and recreation centers. 
  • Walkways, paths and trails. 
  • Work areas, vehicles and equipment. 

• Personal vehicles parked on property that is owned, leased, rented, contracted, or otherwise used or controlled by Ramsey County. 

What must the managers of indoor public places and indoor places of employment do to comply with this ordinance? 

Ramsey County proprietors (the person(s) or entity responsible for managing a public space or a place of work) are required to enforce the ordinance by taking the following steps: 

• Make reasonable efforts to prevent smoking/vaping indoors or within 25 feet of entrances, exits, open windows and ventilation intakes.
• Post signs inside the establishment stating “No Smoking/No Vaping.” 
• Post signs at entrances of establishment stating “No Smoking/No Vaping within twenty-five (25) feet of entrances, exits, open windows and ventilation intakes.” 
• Do not provide ashtrays, matches or other smoking equipment. 
• Ask persons who smoke/vape in prohibited areas to stop and to leave if they refuse to comply. Use lawful methods consistent with handling disorderly persons or trespassers for any person who refuses to comply. 
• Refuse to serve persons not complying with the ordinance. 

Is signage required? 

Yes, because currently the MCIAA requires employers and facility managers to post “No Smoking/No Vaping” signs. To help inform employees and customers of this new ordinance, Ramsey County has a window decal provided by the Association for Nonsmokers of Minnesota (ANSR). To request a decal at no cost, contact ANSR directly at [email protected]. 

Will enforcement action be taken against people that are smoking/vaping in businesses and public places? 

The persons in charge of establishments where smoking and vaping are prohibited are required to make sure smoking and vaping do not occur and may be subject to enforcement actions. Persons who do not stop smoking or vaping in an establishment, after being asked to do so by the person in charge of the establishment, may be asked to leave by the proprietor. If they refuse, the establishment can contact local law enforcement.  

There may be enforcement actions against individuals who use commercial tobacco products within Ramsey County owned and leased properties. 

Is smoking allowed on restaurant patios? 

The ordinance allows a restaurant owner to designate a smoking and vaping area in an outdoor dining or bar area if it is appropriately signed, and not immediately next to a building entrance. That means that smoking and vaping are allowed in the outdoor area if there is clear signage, and the area is not near the entrance. 

Can I smoke or vape in a hotel room?  

The MCIAA does not prohibit smoking in individual guest rooms of lodging establishments, but it does prohibit smoking in all other indoor areas of lodging establishments (such as restaurants, bars, pool areas, lobbies, entrances, etc.). 

If someone is walking down the street and smoking or vaping, and they come within 25’ of a building entrance, but don’t linger at the building entrance, is that a violation?  

The ordinance states that it does not apply to situations where members of the public are passing through on an outdoor street, alley or sidewalk where smoking is prohibited by this ordinance while on their way to another location. 

Is smoking or vaping allowed in tobacco shops? Is sampling allowed?  

Yes, smoking/vaping is allowed in tobacco shops for the purpose of sampling, except where prohibited by local laws. The MCIAA allows the lighting of tobacco within the indoor area of a tobacco shop for the purpose of sampling. It should be noted that the MCIAA specifies criteria that must be met to be considered a tobacco shop, which would apply in a similar manner to vaping shops. 

How is the ordinance enforced?  

Responsibility for compliance with the ordinance rests with the person(s) or entity responsible for managing the space where the smoking or vaping is taking place. Members of the general public that experience smoking or vaping in a prohibited space can inform the manager of that space of the violation. If the managers do not act, the individual will be able to report a complaint to the department. The department will act on a complaint-basis. Complaints received will be followed up by a Public Health Department staff member, who will contact the responsible entity to evaluate the complaint. Enforcement will include an education component, to ensure that responsible entities are aware of the ordinance and its requirements. 

What is the penalty for violating this ordinance? 

1. Citations may be issued to the proprietors of places where smoking and vaping are prohibited when there is a failure to take required actions to prevent or stop smoking or vaping. Please refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts (will be posted on effective date of August 26, 2022). 
2. Civil administrative fine. Any person who violates the ordinance by smoking, vaping or using commercial tobacco products in places where they are prohibited, and who does not immediately stop when asked to, may be issued an administrative citation. Please refer to the Ramsey County Smoking and Commercial Tobacco Use Ordinance Violations Fine Schedule for detailed amounts (will be posted on effective date of August 26, 2022). 
3. 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. 
4. Ramsey County licensees. Failure to comply with this ordinance may be a basis for adverse action for licenses issued under Ramsey County ordinances. 

What does the Ramsey County Smoking and Commercial Tobacco Use Ordinance (SCTUO) do?

The ordinance sets rules for commercial tobacco use for locations within Ramsey County: 

• The ordinance prohibits the use of all commercial tobacco products both indoors and outdoors on property owned and leased by Ramsey County, including but not limited to:
• Facilities and grounds. 
• Parking lots, including personal vehicles parked on Ramsey County property. 
• Park and recreation areas, lands and bodies of water. 
• Public golf courses, playgrounds, beaches, swimming pools, nature areas and recreation centers. 
• Walkways, paths and trails. 
• Work areas, vehicles and equipment.  
• The SCTUO will only apply to properties leased or rented by Ramsey County when Ramsey County is the only tenant on the property.  

The ordinance applies to public places and places of work in Ramsey County:

Together with the Minnesota Clean Indoor Air Act, this Ordinance prohibits smoking and electronic cigarette use (vaping) indoors and within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work.  Examples of public places and places of employment include but are not limited to: 

• Bars, restaurants and private clubs. 
• Office and industrial workplaces. 
• Retail stores. 
• Common areas of rental apartment buildings, hotels and motels. 
• Public transportation, including taxis. 
• Work vehicles, if more than one person is present. 
• Home offices with one or more on-site employees or used as a place to meet or deal with customers – during work hours. 
• Public and private educational facilities. 
• Auditoriums, arenas and meeting rooms. 
• Day care premises. 
• Health care facilities and clinics. 

Does the ordinance include exceptions to where smoking and vaping are prohibited?  

• The owner of a food establishment is allowed to designate a smoking area in an outdoor dining or bar area if the area is appropriately signed and not immediately next to a building entrance. That means that smoking and vaping are allowed in the outdoor area if there is clear signage, and the area is not near the entrance. 
• Smoking is allowed by 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. 
• Use of sacred or traditional tobacco as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony, memorial or practice is allowed.  
• The Minnesota Clean Indoor Air Act (MCIAA) and the SCTUO do not prohibit smoking and vaping in individual guest rooms of lodging establishments. The MCIAA does prohibit smoking and vaping in all other indoor areas of lodging establishments (such as restaurants, bars, pool areas, lobbies, entrances, etc.). 

​Why was this Ordinance created and passed? 

The goals of the Ordinance are 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.  
• Affirm the right of people to breathe air without secondhand smoke. 
• Reduce commercial tobacco use and exposure in children, youth and young adults. 
• Protect the health of vulnerable and disproportionately impacted populations. 
• Reduce waste from commercial tobacco products that can harm human and animal health and the environment. 
• Preserve the right to tobacco as part of an American Indian cultural practice or a lawfully recognized religious, spiritual or cultural ceremony or practice, while focusing on commercial tobacco prevention. The term “commercial tobacco” is used to distinguish from traditional or sacred tobacco.  
• Align Ramsey County with best public health practices around commercial tobacco. Currently, 27 local governments in Minnesota, including 20 cities and five counties, have adopted similar ordinances.   

What is considered smoking in the ordinance? 

The ordinance defines smoking as: “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.” 

This means smoking and vaping, including carrying an activated electronic cigarette or vape pen are not allowed. 

Why are tobacco products referred to as “commercial tobacco”? 

• The term “commercial tobacco” is used to distinguish from traditional or sacred tobacco.  
• The SCTUO allows for 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.    
• American Indian people have been violently deprived of traditional practices, including traditional or sacred tobacco use, by colonization and cultural genocide and have been targeted by the commercial tobacco industry. Supporting the use of traditional or sacred tobacco through this exception will target commercial tobacco use, while preserving the right to important ceremonial, cultural and spiritual practices. 
• Commercial tobacco is defined in the ordinance as 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 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. 
• More information: Traditional Tobacco and American Indian Communities in Minnesota 

How can I get help quitting commercial tobacco? 

Quitting commercial tobacco is difficult. If you or someone you know is interested in quitting, here are some resources that can help: 

• Quit Partner (English, Spanish, Somali, Hmong) 
• American Indian Quitline 
• My Life My Quit (for teens 13-17 years old) 
• Outlast Tobacco (for LGBTQ2S+ communities)  
• Asian Smoker’s Quitline (Cantonese, Mandarin, Korean and Vietnamese) 
• Additional resources for quitting commercial tobacco 

Ask your health insurance provider if they have programs to help quit commercial tobacco. 

How is the Ordinance enforced and what can I do if I see a violation of the ordinance?  

• The first and preferred method of enforcement will be a request to voluntarily stop using commercial tobacco products. Failure to stop or repeated offenses may by lead to the involvement of law enforcement. 
• Ramsey County staff may conduct a visual check of County property that is owned, leased, rented, contracted or otherwise used or controlled by the County to make sure this ordinance is not violated.  
• Members of the general public who experience smoking or vaping in public places and places of work where it is prohibited can inform the property manager of that space of the violation. Examples of public places and places of work can be found in question "How does the ordinance apply in public places and places of work in Ramsey County?"  If you see someone smoking, vaping or using commercial tobacco products on these outdoor properties, you may politely inform the person of the ordinance’s rules or notify a Ramsey County employee of the violation. You may also report a violation to: [email protected]  

What are the penalties for violating the Ordinance? 

• An administrative citation may be issued by law enforcement to individuals in violation of the ordinance, as outlined by the Ramsey County Administrative Ordinance.  
• If you have received an administrative citation for using commercial tobacco on Ramsey County property, you can visit Administrative Citations to learn how to pay fines or appeal a citation. 
• Each day a violation occurs or continues will be considered a separate offense. Repeat or ongoing offenses may result in one administrative citation per day. 
• People repeatedly violating the ordinance may be issued a trespass from the property where the violation took place. 
• A person who smokes, vapes or uses commercial tobacco products on property owned, leased, rented, contracted or otherwise used or controlled by Ramsey County may be issued a $50 fine for violating the ordinance.  
• A person who smokes or vapes inside or within 25 feet of entrances, exits, open windows and ventilation intakes of Ramsey County public places or places of work may be issued a $50 fine for violating the ordinance.  
• Additional penalties and fines are possible under the Minnesota Clean Indoor Air Act or for SCTUO violations that occur on school facilities. 
• Any proprietor, person or entity that owns, leases, manages, operates or otherwise controls the use of an area in which smoking, vaping and/or 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. 
• Ramsey County proprietors (the person(s) or entity responsible for managing a public space or a place of work) are required to enforce the ordinance by taking the following steps: 
  • Make reasonable efforts to prevent smoking and vaping indoors or within 25 feet of entrances, exits, open windows and ventilation intakes. 
  • Post signs inside the establishment stating “No Smoking/No Vaping.” 
  • Post signs at entrances of establishment stating “No Smoking/No Vaping within 25 feet of entrances, exits, open windows and ventilation intakes.” 
  • Do not provide ashtrays, matches or other smoking equipment. 
  • Ask persons who smoke or vape in prohibited areas to stop and to leave if they refuse to comply. Use lawful methods consistent with handling disorderly persons or trespassers for any person who refuses to comply. Refuse to serve persons not complying with the ordinance. 

Why have the penalties for violating the Ordinance been reduced from the previous Ramsey County Clean Indoor Air Ordinance? 

• The maximum penalty for violation of the Ramsey County Clean Indoor Air Ordinance was a fine of up to $300 and a petty misdemeanor that sometimes showed up on background checks.  
• The penalties for violation of this ordinance were reduced to $50 for smoking, vaping or using commercial tobacco products indoors or outdoors or smoking within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work.  
• This action was taken to reduce the chance of citations and penalties being unequally applied to people from historically marginalized backgrounds due to bias in the criminal justice system. 

How were community members engaged in the creation of this ordinance? 

• A public hearing was held on June 28, 2022 as an opportunity for community members to comment on the ordinance before the board. 
• The Ramsey County Parks and Recreation Department conducted community engagement on commercial tobacco use in parks and recreation areas in 2021. Banning smoking and commercial tobacco use appealed to a large portion of respondents.  
• Members of St. Paul Indians in Action (SIA) and Ain Dah Yung Center provided guidance on policy formation regarding the use of traditional or sacred tobacco. 
• Community members were additionally engaged through long-standing work with the Ramsey Tobacco Coalition (a program of the Association for Nonsmokers- MN), a diverse group of community stakeholders who support policies designed to decrease the harms of commercial tobacco use and exposure.  

Related Resources

• Quitting Commercial Tobacco 
• The Association for Nonsmokers - Minnesota (ANSR) 
• American Lung Association - Minnesota  
• Traditional Tobacco and American Indian Communities in Minnesota