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City of <br /> Elk Request for Action <br /> River <br /> To Item Number <br /> Mayor and City Council 8.1 <br /> Agenda Section Meeting Date Prepared by <br /> Public Hearinj 5, 2015 Tina Allard, City Clerk <br /> Item Description Reviewed by <br /> ■ Ordinance Amendment:Tobacco Licensing Cal Portner, City Administrator <br /> and Resolution for Summary Publication of Reviewed by <br /> Ordinance Scott Baumgartner, City Prosecutor <br /> Action Requested <br /> 1. Adopt,by motion,an ordinance amending tobacco regulations. <br /> 2. Adopt,by motion,a resolution to allow summary publication of the ordinance. <br /> Background/Discussion <br /> E-cigarettes (e-cigs) have risen in popularity in recent years. They are battery-operated devices designed to <br /> deliver nicotine, flavor, and other chemicals as an aerosol that is inhaled by a user. <br /> There have been questions as to how e-cigs affect health and safety. The Food and Drug Administration <br /> website states e-cigarettes have not been fully studied, so consumers don't know the potential risks of e- <br /> cigs, how much nicotine or other potentially harmful chemicals are being inhaled during use, or whether <br /> there are any benefits associated with these products. <br /> In spring 2014, the legislature passed new regulations to address the sale and use of electronic delivery <br /> devices in Minnesota. The attached draft ordinance incorporates these changes along with come <br /> housekeeping to clean up the ordinance. <br /> Changes to note: <br /> • Electronic delivery device defined. <br /> • Nicotine and electronic delivery devices incorporated throughout the tobacco licensing <br /> ordinance;a license would be required to sell these products and would be subject to <br /> compliance checks. <br /> • Electronic delivery devices cessation products approved by the US Food and Drug <br /> Administration can be sold to minors and a license is not required. <br /> • Child resistant packaging standards for electronic delivery devices defined and take effect in <br /> January of 2015. <br /> • The penalty section is more specific to the type of offense committed. <br /> • Grounds for denial/revocation section amended to include license suspensions. <br /> State law requires the city to give tobacco licensee's 30 days'notice of changes to the tobacco ordinance. <br /> All licensees received notice and a draft copy of the ordinance. <br /> P a w E R E U 6 Y <br /> Template Updated 4/14 INIM UREI <br />