Ordinance 865 - Laserfiche WebLink

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Ord 865 Page 2 512.01: PURPOSE AND INTENT: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain,possess and use tobacco,tobacco products,tobacco- related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts,have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking;and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws,to protect minors against the serious effects associated with the illegal use of tobacco,tobacco products,tobacco-related devices,and nicotine or lobelia delivery devices,and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time. 512.02: DEFINITIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that those authorized to sell tobacco,tobacco products,tobacco-related devices,and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia 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, and nicotine or lobelia delivery devices. Subd. 2. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs,single bags or cans of loose tobacco in any form,and single cans or other packaging of snuff or chewing tobacco.Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. Subd. 3. INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider,garage door,or other physical barrier,whether temporary or permanent. Subd. 4. LOOSIES. The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually.The term"loosies"does not include individual cigars with a retail price,before any sales taxes, of more than$2.00 per cigar.