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<br />tobacco -related devices, or electronic delivery devices, and in which the sale of other products is
<br />merely incidental. "Tobacco products shop" does not include a tobacco department or section of any
<br />individual business establishment with any type of liquor, food, or restaurant license.
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<br />intentionally designed or intended to be used in a manner which enables the chewing, sniffing,
<br />smoking or inhalation of aerosol or vapors or smoking of tobacco or tobacco products. Tobacco -related devises
<br />include components of tobacco -related devices which may be marketed or sold separately.
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<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.
<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 theinsettion
<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.
<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:
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<br />obtain, possess, and use tobacco, tobacco products, tobacco -related devices, nicotine, and electronic delivery devices,
<br />and that such sales, possession, and use are violations of both state and federal laws, and because
<br />studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before
<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 delivery devices for
<br />the purpose of enforcing existing laws, to protect minors persons under the age of 21 years against the serious
<br />effects associatedwith the illegal use of tobacco, tobacco products, tobacco -related devices, nicotine, or electronic
<br />delivery devices and to prevent young people from starting to smoke as stated in Minn. Stars. § 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 />Last Updated January 2019
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