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U ver Ordinance 20 - ug_ «�T to be removed Underlines to be added An Ordinance Amending Chapter 26, Article II, Tobacco of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 26-31. — Definitions, of the City of Elk River Code of Ordinances shall be amended to read as follows: The following words, terms and phrases, when used in this articleArticle, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices are following and complying with the requirements of this articleArticle and state and federal laws. Compliance checks shall involve the use of minors persons under the age of 21 Compliance check minors as authorized by this articleArticle. Compliance checks shall also mean the use of minors persons under the age of 21 who attempt to purchase tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices. Compliance check minor means any person at least 17 years of age, but under the age of 21, used by the city to conduct compliance checks. Provided that prior written consent of a parent or guardian shall be required if the person is under the age of 18. Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol or vapor from the product. Electronic delivery devices includes but is not limited to devices manufactured,, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device shall include any component part of such a product that is not tobacco as defined in this section, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the shall not include any product that has been approved or otherwise certified by the Last Updated January 2019 P 0 W I R I 1 B 1 NA E