|
2
<br />
<br /> Cigarette butts are the most-littered object in the world and the item most often found in beach
<br />cleanups globally. Butts contribute nonbiodegradable plastic, nicotine, heavy metals, pesticides and
<br />other toxic substances to land and marine environments, down to the bottom of the oceans;
<br />
<br />The tobacco industry has been adjudicated as racketeers in federal court as a result of its
<br />collective and coordinated denial, deceit, and targeting of deadly, addictive products to structurally
<br />marginalized communities.
<br />
<br />In making these findings, the City Council accepts the conclusions and recommendations of:
<br />the Institute of Medicine’s report, “Public Health Implications of Raising the Minimum Age of Legal
<br />Access to Tobacco Products” (2015), the U.S. Surgeon General reports, "E-cigarette Use Among
<br />Youth and Young Adults" (2016), "The Health Consequences of Smoking—50 Years of Progress"
<br />(2014) and "Preventing Tobacco Use Among Youth and Young Adults" (2012); the Centers for
<br />Disease Control and Prevention in their studies, "Tobacco Use Among Middle and High School
<br />Students—United States, 2011-2015," “Best Practices for Comprehensive Tobacco Control
<br />Programs, 2014,” and "Selected Cigarette Smoking Initiation and Quitting Behaviors Among High
<br />School Students, United States, 1997"; and of the following scholars in these scientific journals: Xin
<br />Xu et al., Annual Healthcare Spending Attributable to Cigarette Smoking: An Update, Am. J. Prev.
<br />Med. 48(3): 326-33 (Mar. 2015); Giovino GA, "Epidemiology of Tobacco Use in the United States,"
<br />Oncogene (2002) 21, 7326-40; Khuder SA, et al., "Age at Smoking Onset and its Effect on Smoking
<br />Cessation," Addictive Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et al., "Age at
<br />Starting Smoking and Number of Cigarettes Smoked," Annals of Epidemiology 4(6):455-59,
<br />November 1994; Chen, J & Millar, WJ, "Age of Smoking Initiation: Implications for Quitting,"
<br />Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and
<br />Subsequent Smoking Behavior Among U.S. High School Students," Preventive Medicine, 29(5):327-
<br />33, November 1999; Wakefield, M & Giovino, G "Teen Penalties for Tobacco Possession, Use, and
<br />Purchase: Evidence and Issues," Tobacco Control (2003)12, i6-i13; the Minnesota Juvenile Justice
<br />Advisory Committee's report, "2016 Annual report to Governor Mark Dayton and the Minnesota State
<br />Legislature (2016); Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack-Crane,
<br />A., Henriksen, L. (2017). Tobacco Town: Computational Modeling of Policy Options to Reduce
<br />Tobacco Retailer Density. American Journal of Public Health, 107(5), 740–746; copies of which are
<br />adopted by reference.
<br />
<br /> This ordinance is intended to regulate the sale of tobacco, tobacco-related devices, and
<br />electronic delivery devices and nicotine or lobelia delivery products to protect the public, especially
<br />youth and young adults, and to further the official public policy of the state in regard to preventing
<br />young people from starting to smoke as stated in Minn. Stat. § 144.391, as it may be amended from
<br />time to time.
<br />
<br /> 802.010 DEFINITIONS. For the purposes of this regulation, the following terms shall mean:
<br />
<br />(a) “General Sales and Display” means a section of any business establishment not
<br />meeting the definition of Tobacco Store in paragraph (e) of this section, which displays
<br />for sale sells or offers for sale Licensed Products as an accessory use to the
<br />establishment’s primary business purpose. The sale of such Licensed Products shall
<br />be merely incidental to the establishment’s primary business purpose. The section
<br />displaying Licensed Products shall comprise an area no greater than fifty (50) cubic
<br />feet and must be located within the immediate vicinity of the establishment’s primary
<br />point of sale. There can be no entrance door from the outside opening directly to the
|