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<br />include a tobacco department or section of any individual business establishment with any type of liquor,
<br />food, or restaurant license.
<br />Tobacco-related device means cigarette papers or pipes for smoking or other devices intentionally
<br />designed or intended to be used in a manner which enables the chewing, sniffing, smoking or inhalation of
<br />aerosol or vapors of tobacco or tobacco products. Tobacco-related devises include components of tobacco-
<br />related devices which may be marketed or sold separately.
<br />Vending machine means any mechanical, electric or electronic or other type of device which
<br />dispenses tobacco, tobacco-related devices, nicotine, or electronic delivery devices upon the insertion of
<br />money, tokens, or other form of payment directly into the machine by the person seeking to purchase the
<br />tobacco, tobacco product, or tobacco-related device, nicotine, or electronic delivery device.
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<br />Sec. 26-32. - Purpose of Article.
<br />Because the city recognizes that many persons under the age of 21 years purchase or otherwise
<br />obtain, possess, and use tobacco, tobacco-related devices, nicotine, and electronic delivery devices, and
<br />that such sales, possession, and use are violations of both state and federal laws, and because studies,
<br />which are hereby accepted and adopted, have shown that most smokers begin smoking before they have
<br />reached the age of 18 years and that almost no one starts smoking after age 25, and because smoking has
<br />been shown to be the cause of several serious health problems which subsequently place a financial burden
<br />on all levels of government, this Article shall be intended to regulate the sale, possession, and use of
<br />tobacco, tobacco-related devices, nicotine, or electronic delivery devices for the purpose of enforcing
<br />existing laws, to protect persons under the age of 21 years against the serious effects associated with the
<br />illegal use of tobacco, tobacco-related devices, nicotine, or electronic delivery devices and to prevent young
<br />people from starting to smoke as stated in Minn. Stat. § 144.391.
<br />Unregulated electronic delivery devices, commonly referred to as electronic cigarettes, or e-cigarettes,
<br />closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine
<br />or other substances created by heat through an electronic ignition system. After testing a number of e-
<br />cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that
<br />various samples tested contained not only nicotine but also detectable levels of known carcinogens and
<br />toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in
<br />antifreeze. The FDA's testing also suggested that quality control processes used to manufacture these
<br />products are inconsistent or non-existent. (Summary of results: Laboratory analysis of electronic cigarettes
<br />conducted by FDA, Food and Drug Administration (FDA), July 22, 2009;
<br />http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm173146.htm)
<br />E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear
<br />similar to smoke emitted by traditional tobacco products. Their use in workplaces and public places where
<br />smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties
<br />in enforcing the smoking prohibitions.
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<br />Sec. 26-33. - Responsibility of licensee for acts of employees.
<br />All licensees under this Article shall be responsible for the actions of their employees in regard to the
<br />sale of tobacco, tobacco-related devices, nicotine, or electronic delivery devices on the licensed premises,
<br />and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in
<br />this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties
<br />are appropriate under this Article, state or federal law, or other applicable laws or regulations.
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<br />Sec. 26-34. - Inspection of licensed premises.
<br />All licensed premises shall be open to inspection by the city police department or other authorized city
<br />official during regular business hours.
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