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<br />Vending machine means any mechanical, electric or electronic or other type of device which
<br />dispenses tobacco, tobacco products, tobacco-related devices, nicotine, or electronic delivery devices upon the insertion
<br />of money, tokens, or other form of payment directly into the machine by the person seeking to
<br />purchase the tobacco, tobacco product, or tobacco-related device, nicotine, or electronic delivery
<br />device.
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<br />SECTION 2. That § 26-32. - Purpose of articleArticle, of the City of Elk River Code of Ordinances shall
<br />be amended to read as follows:
<br />Because the city recognizes that many persons under the age of 21 years youth and young adults
<br />persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco
<br />products, tobacco-related devices, nicotine, and electronic delivery devices, and that such sales,
<br />possession, and use are violations of both state and federal laws, and because studies, which are hereby
<br />accepted and adopted, have shown that most smokers begin smoking before they have reached the
<br />age of 18 years and that almost no one starts smoking after age 25 those persons who reach the age
<br />of 18 years without having started smoking are significantly less likely to begin smoking, and because
<br />smoking has been shown to be the cause of several serious health problems which subsequently place
<br />a financial burden on all levels of government, this articleArticle shall be intended to regulate the sale,
<br />possession, and use of tobacco, tobacco products, tobacco-related devices, nicotine, or electronic
<br />delivery devices for the purpose of enforcing existing laws, to protect minors persons under the age
<br />of 21 years against the serious effects associated with the illegal use of tobacco, tobacco products,
<br />tobacco-related devices, nicotine, or electronic delivery devices and to prevent young people from
<br />starting to smoke as stated in Minn. Stats. § 144.391.
<br />Unregulated electronic delivery devices, commonly referred to as electronic cigarettes, or e-
<br />cigarettes, closely resemble and purposefully mimic the act of smoking by having users inhale
<br />vaporized liquid nicotine or other substances created by heat through an electronic ignition system.
<br />After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug
<br />Administration (FDA) determined that various samples tested contained not only nicotine but also
<br />detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines
<br />and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that quality
<br />control processes used to manufacture these products are inconsistent or non-existent. (Summary of
<br />results: Laboratory analysis of electronic cigarettes conducted by FDA, Food and Drug Administration
<br />(FDA), July 22, 2009; http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm173146.htm)
<br />E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may
<br />appear similar to smoke emitted by traditional tobacco products. Their use in workplaces and public
<br />places where smoking of traditional tobacco products is prohibited creates concern and confusion and
<br />leads to difficulties in enforcing the smoking prohibitions.
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<br />SECTION 3. That § 26-33. - Responsibility of licensee for acts of employees, of the City of Elk
<br />River Code of Ordinances shall be amended to read as follows:.
<br />All licensees under this articleArticle shall be responsible for the actions of their employees in
<br />regard to the sale of tobacco, tobacco products, tobacco-related devices, nicotine, or electronic
<br />delivery devices on the licensed premises, and the sale of such an item by an employee shall be
<br />Last Updated January 2019
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