About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2000 Minnesota Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagmn0040 and id is 1 raw text is: CITIES: ORDINANCES: PREEMPTION: A city may completely prohibit smoking in
restaurants under its general police powers. The Minnesota Clean Indoor Air Act expressly
preserves the authority of cities to ban smoking where the Act, and Health Department rules
promulgated thereunder, would otherwise allow designation of smoking areas by the proprietor.
62b
(cr.ref. 477b)
May 4, 2000
Mr. Peter Vogel
Rosenmeier, Anderson & Vogel
210 Second Street N.E.
Little Falls, MN 56345
Dear Mr. Vogel:
You are an attorney representing the City of Little Falls, Minnesota. The City Council is
considering whether it can adopt an ordinance, pursuant to its general police power, to prohibit
the smoking of tobacco in restaurants. In a letter to the Attorney General you submit the
following:
QUESTION
Do Minnesota Statues which authorize the regulation of smoking in
restaurants by the Department of Health preempt a complete ban on smoking in
restaurants by local ordinance?
OPINION
We answer your question in the negative. While the legislature has addressed smoking in
restaurants and other public places under the Minnesota Clean Indoor Air Act, Minn. Stat.
§§ 144.411-144.417 (Supp.1999), it did so while expressly preserving the power of local
govermaent to impose more stringent smoking limitations.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most