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<br />(a) Nothing in this articleArticle shall prevent the provision of tobacco, tobacco products, tobacco-
<br />related devices, nicotine, or electronic delivery devices to a minor person under the age of 21
<br />years as part of a lawfully recognized religious, spiritual, or cultural ceremony.
<br />(a)(b) It shall be an affirmative defense to a violation of this articleArticle for a person to have relied
<br />in good faith upon proof of age as described in Minn. Stats. § 340A.503, subd. 6.
<br />(c) The penalties in section 26-73 do not apply to a person under the age of 18 21 years who
<br />purchases or attempts to purchase tobacco, tobacco-related devices or electronic delivery devices
<br />while under the direct supervision of a responsible adult for training, education, research, or
<br />enforcement purposes.
<br />(d) A product containing or delivering nicotine intended for human consumption, or any part of
<br />such a product, that is not tobacco or an electronic delivery device, as defined by section 26-31,
<br />may be sold to persons under the age of 218 years if the product has been approved or otherwise
<br />certified for legal sale by the United States Food and Drug Administration for tobacco use
<br />cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely
<br />for that approved purpose.
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<br />SECTION 7. That § Sec. 26-37. - Violations relating to underage persons, of the City of Elk River
<br />Code of Ordinances shall be amended to read as follows:
<br />(a) Illegal sales. It shall be a violation of this articleArticle for any person to sell, or offer to sell,
<br />give, or otherwise furnish any tobacco, tobacco product, tobacco-related device, nicotine, or
<br />electronic delivery devices to any person under the age of 218 years.
<br /> (1) Age verification. Licensees must verify by means of government-issued photographic
<br />Commented \[PHLC4\]: Note: Federal law requires age
<br />verification (ID checks) for everyone under 27. When the
<br />identification that the purchaser is at least 21 years of age. Verification is not required for a person
<br />legal age is raised to 21, the verification age is often
<br />over the age of 30. That the person appeared to be 30 years of age or older does not constitute a
<br />increased at the same time.
<br />defense to a violation of this subsection.
<br />Commented \[SB5R4\]: I inserted the required language
<br /> (2) Signage. Notice of the legal sales age and age verification requirement must be posted at each
<br />pursuant to Minn. Stat. Sec. 461.22, Subd. 2.
<br />location where licensed products are offered for sale. The required signage, which will be
<br />provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone
<br />who is or is considering making a purchase.
<br />Commented \[AT6\]: Is this required? PHLC added.
<br />Commented \[SB7R6\]: Signage is required pursuant to
<br />(b) Illegal possession. It shall be a violation of this article for any minor to have in his possession
<br />Minn. Stat. Sec. 461.22, Subd. 1 I moved this provision and
<br />any tobacco, tobacco product, tobacco-related device, nicotine, or electronic delivery devices.
<br />the Age Verification provision under Section 26-67 below as
<br />This subsection shall not apply to minors lawfully involved in a compliance check.
<br />it appeared to be a more relevant location.
<br />(c) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or otherwise
<br />use any tobacco, tobacco product, tobacco-related device, nicotine, or electronic delivery devices.
<br />Commented \[AT8\]: Should this be kept in now that state
<br />law is consistent versus each city having adopted.
<br />(cbd) Illegal procurement. It shall be a violation of this articleArticle for any minor to purchase or
<br />Commented \[SB9R8\]: Despite the fact that State Law
<br />attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device,
<br />seems to have removed possession of tobacco by a minor as
<br />nicotine, or electronic delivery devices and it shall be a violation of this article for any person to
<br />a crime, cities still may be more restrictive and could include
<br />purchase or otherwise obtain tobacco, tobacco-related devices, nicotine, or electronic delivery
<br />such a provision in their Ordinances if they wish. I believe
<br />devices such items on behalf of a person under the age of 21 yearsn underage person minor. It
<br />this is a council decision as to whether or not possession of
<br />tobacco by a minor should be illegal under the City Code.
<br />shall further be a violation for any person to coerce or attempt to coerce a person under the age
<br />Last Updated January 2019
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