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-1- <br />ORDINANCE 08- <br />AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF CHAPTER <br />26, ARTICLE II, "TOBACCO" AND ADOPTING NEW SECTION 26, ARTICLE 11, <br />"TOBACCO" OF THE CITY CODE OF ORDINANCES <br />THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS <br />FOLLOWS: <br />SECTION I. CHAPTER 26, ARTICLE II OF THE ELK RIVER MUNICIPAL CODE IS <br />HEREBY REPEALED. <br />SECTION 2. NEW CHAPTER 26, ARTICLE II OF THE ELK RIVER MUNICIPAL <br />CODE IS HEREBY ADOPTED, AS FOLLOWS: <br />CHAPTER 26, ARTICLE II. TOBACCO <br />DIVISION I. GENERALLY <br />Sec.26-31. Definitions. <br />The following words, terms and phrases, when used in this article, shall have the meanings ascribed to <br />them in this section, except where the context clearly indicates a different meaning: <br />Compliance checks <br />means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco <br />products, and tobacco-related devices are following and complying with the requirements of this <br />article. Compliance checks shall involve the use of minors as authorized by this article. Compliance <br />checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or <br />tobacco-related devices for educational, research and training purposes as authorized by state and <br />federal laws. Compliance checks may also be conducted by other units of government for the purpose <br />of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco <br />products, and tobacco-related devices. <br />Individually packaged <br />means the practice of selling any tobacco or tobacco product wrapped individually for sale. <br />Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette <br />packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or <br />chewing tobacco. Cartons or other packaging containing more than a single pack or other container as <br />described in this article shall not be considered individually packaged. <br />Loosies <br />is the common term used to refer to a single or individually packaged cigarette. <br />Minor <br />means any natural person who has not yet reached the age of 18 years. <br />S:\Administration\Licenses\Tobacco\Ordinance Amendment 2007\Ordinance Final Tobacco May 09.doc <br />