10-23-2013 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL OCTOBER 23, 2013 clarifies that wholesalers would be required to obtain a tobacco license. The City Attorney reviewed current tobacco store restrictions in the ordinance, and noted that the amendment strengthens the fact that only tobacco may be sampled under the conditions listed in the ordinance. Therefore, no smoking from delivery devices would be allowed regardless of when the license was obtained. The final recommendation adds language restricting the display of delivery devices. McGraw asked about the Clean Indoor Air Act and whether delivery devices were subject to that Act. The City Attorney indicated that he was not sure whether or not these devices were addressed by the Clean Indoor Air Act. Betsy Brock, Ramsey Tobacco Coalition (RTC) stated that the Clean Indoor Air Act in State Law does not address these devices. It is currently up to the individual business owner whether or not to allow the use of delivery devices in their businesses. Brock reported that RTC supports an update to State Law to include these devices. With regard to RTC's comments on the ordinance amendment drafted by the City Attorney, Brock reported that they work with the Public Health Law Center, and the version that RTC forwarded to the City was drafted by the Center. The thought is that any ordinance amendment should not be overly broad. Brock indicated, however, that the City should adopt whatever version it feels is in its best interests. Blesener asked why e- cigarettes are referred to as "electronic ". Brock reported that these devices have a battery in them that heats up the liquid which then turns into a vapor that is inhaled. The use of the battery results in the term "electronic ". The City Attorney reported that the State Legislature has only started to address the issue of delivery devices in that it updated the law to make the sale of these devices illegal to minors. The City would have to option to prohibit the use of delivery devices in public places, or the City could wait and see if the State addresses this issue. The consensus of the Council was to update the Tobacco Ordinance as currently proposed by the City Attorney. The Council asked that the City Attorney do some additional research on the issue of use of delivery devices in public and where the State is on this issue, and report back to the Council. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2013 -10 -196 — AMENDING CHAPTER 802, TOBACCO PRODUCTS, OF THE MUNICIPAL CODE AS RECOMMENDED BY THE CITY ATTORNEY CLARIFYING 10