Ordinance 15 - 01
<br />&tite6ttoughs to be removed
<br />Underlines to be added
<br />An Ordinance Amending Chapter 26, Article 11, Tobacco of the City of Elk River,
<br />Minnesota, City Code Relating to E- Cigarette Licensing
<br />The City Council of the City of Elk River does hereby ordain as follows:
<br />SECTION 1. That § 26 -31, Definitions shall be amended to read as follows:
<br />The following words, terms and phrases, when used in this article, shall have the meanings
<br />ascribed to them in this section, except where the context clearly indicates a different meaning:
<br />Covapliance checks means the system the city uses to investigate and ensure that those authorized
<br />to sell tobacco, tobacco products, tobacco- related devices, nicotine, or electronic delivery,
<br />devices are following and complying with the requirements of this article. Compliance checks shall
<br />involve the use of minors as authorized by this article. Compliance checks shall also mean the use of
<br />minors who attempt to purchase tobacco, tobacco products, or tobacco - related devices, nicotine, or
<br />electronic deliver- 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
<br />purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco,
<br />tobacco products, -av� tobacco- related devices, nicotine, or electronic delivertl devices.
<br />Electrotnic Deliver, Device means any product containing or delivering nicotine, lobelia, or an
<br />other substance intended for human consumption that can be used b, a person to simulate smoking
<br />in the deliver, of nicotine or any other substance through inhalation of vapor from the product.
<br />Electronic deliver, device sl.iall include am component hart of such a product that is not tobacco as
<br />defined in this section, whether or not sold selnarately,. Electronic delivery device shall not include
<br />any product that has been approved or otherwise certified by the United States Food and Drug
<br />Administration for legal sales for use in tobacco cessation treatment, harm education or for other
<br />medical purposes, and is bein� marketed and sold sole], for that approved purpose.
<br />Indh4dual6) packaged means the practice of selling any tobacco or tobacco product wrapped
<br />individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be
<br />limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or
<br />other packaging of snuff or cheering tobacco. Cartons or other packaging containing more than a
<br />single pack or other container as described in this article shall not be considered individually
<br />packaged.
<br />.Loonies is the common term used to refer to a single or individually packaged cigarette.
<br />Minor means any natural person who has not yet reached the age of 18 years.
<br />Moveable place of Imsiness means any form of business operated out of a kiosk, truck, van,
<br />automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or
<br />other permanent type of structure authorized for sales transactions.
<br />Retail establishment means any place of business where tobacco, tobacco products, et tobacco -
<br />related devices, nicotine, or electronic delivery devices are available for sale to the general public.
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