Agenda Packets - 2013/11/04 - Laserfiche WebLink

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Basis for denial of license section: This section would amend the grounds for denial to delete any references to "nicotine and lobelia delivery devices" and replace them with "electronic delivery devices." It would amend other references to "nicotine and lobelia devices" and replace them with "electronic delivery devices," regarding the text on prior convictions and revocation of license. Prohibitions section (Prohibited Sales): This section, which prohibits sales to minors, would be amended as described below: Subd. XX, General. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, tobacco -related device, or any electronic delivery device: A. To minors (or "to any person under the age of 18 years") B. By vending machines C. By means of self-service: would delete reference to "nicotine or lobelia delivery device" and replace it with "electronic delivery device" D. ... (etc.) A provision could be added to totally prohibit vending machine sales of all products addressed in the ordinance including electronic delivery devices, as follows: (Add) Subd. XX. Vending machines. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco tobacco products tobacco -related devices, or electronic delivery devices by means of a vending machine. Additional sample language could provide cities and counties with alternative options to further regulate electronic delivery devices, as described below: A behind the counter option: The following sample language would prohibit the sale of electronic delivery devices on open shelving (no self-service) by updating the PHLC/LMC model ordinance, deleting reference to "nicotine or lobelia delivery devices" and adding text as described below: Subd. XX. Self Service Sales. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, tobacco -related devices, or electronic delivery devices in open displays which are accessible to the public without the intervention of the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco -related device, or electronic delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco -related devices, and electronic delivery devices shall be stored behind a counter in an area that is not accessible to consumers without the assistance of a store employee. Public Heufch Law Center Ri5 Suomtit. dvrnue-Saint Paul,b[innz>o«551C15 USA Tel: GS1290.75llti • C.u: Gi1.294'til5 - ��wr.puUtichzultlilmccsntee.orF;