|
-2-
<br />tobacco product, or tobacco-related device between the customer and the licensee ox employee. Self-
<br />service merchandising shall not include vending machines.
<br />Tobacco and tobacco product
<br />mean any substance of item containing tobacco leaf, including but not limited to cigarettes; ca rs;
<br />cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-tubbed, and other smoking tobacco;
<br />snuff; snuff flowers; Cavendish; plug and twist tobaccos; fine cut and other chewing tobaccos; shorts;
<br />refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco
<br />prepared in such a manner as to be suitable fox smoking, chewing, sniffing, smoking in a pipe ox other
<br />tobacco-related devices.
<br />Tobacco Products Shop
<br />A place ox business that derives more than 90 percent of its gross revenue from the sale of loose
<br />Tobacco-related device
<br />means any tobacco products as well as a pipe, rolling papers, ox other device intentionally designed or
<br />intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco ox
<br />tobacco products.
<br />Vending machine
<br />means any mechanical, electric ox electronic or other type of device which dispenses tobacco, tobacco
<br />products, ox tobacco-related devices upon the insertion of money, tokens, ox other form of payment
<br />directly into the machine by the person seeking to purchase the tobacco, tobacco product ox tobacco-
<br />related device.
<br />Sec. 26-32. Purpose of article.
<br />Because the city recognizes that many persons under the age of 18 years purchase ox otherwise obtain,
<br />possess, and use tobacco, tobacco products, and tobacco-related devices, and such sales, possession,
<br />and use axe violations of both state and federal laws, and because studies, which axe hereby accepted
<br />and adopted, have shown that most smokers begin smoking before they have reached the age of 18
<br />years and that those persons who reach the age of 18 years without having started smoking axe
<br />significantly less likely to begin smoking, and because smoking has been shown to be the cause of
<br />several serious health problems which subsequently place a financial burden on all levels of
<br />government, this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco
<br />products, and tobacco-related devices fox the purpose of enforcing and existing laws, to protect minors
<br />against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco-
<br />related devices, and to prevent young people from starting to smoke as stated in Minn. Stats. ~
<br />144.391.
<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 products, ox tobacco-related devices on the licensed premises, and the sale of
<br />such an item by an employee shall be considered a sale by the license holder. Nothing in this section
<br />shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are
<br />appropriate under this article, state or federal law, or other applicable law or regulation.
<br />
|