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<br />Ord 865
<br />Page 2
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<br />512.01: PURPOSE AND INTENT: Because the City recognizes that many persons under the
<br />age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-
<br />related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are
<br />violations of both state and federal laws; and because studies, which the City hereby accepts and
<br />adopts, have shown that most smokers begin smoking before they have reached the age of 18 years
<br />and that those persons who reach the age of 18 years without having started smoking are significantly
<br />less likely to begin smoking; and because smoking has been shown to be the cause of several serious
<br />health problems which subsequently place a financial burden on all levels of government; this
<br />ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products,
<br />tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and
<br />furthering existing laws, to protect minors against the serious effects associated with the illegal use
<br />of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to
<br />further the official public policy of the state in regard to preventing young people from starting to
<br />smoke as stated in M.S. § 144.391, as it may be amended from time to time. In making these
<br />findings, the City Council accepts the conclusions and recommendations of Center for Disease
<br />Control in their study “Selected Cigarette Smoking Initiation and Quitting Behaviors Among High
<br />School Students, United States, 1997,” and of the following medical professionals in these medical
<br />journals: Khuder SA, et al., “Age at Smoking Onset and its Effect on Smoking Cessation,” Addictive
<br />Behavior 24(5):673-7, September-October 1999; D’Avanzo B, et al., “Age at Starting Smoking and
<br />Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J &
<br />Millar, WJ, “Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46,
<br />Spring 1998; Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking Behavior
<br />Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November 1999, copies of
<br />which are adopted by reference.
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<br />512.02: DEFINITIONS: Except as may otherwise be provided or clearly implied by context,
<br />all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the
<br />following definitions shall apply unless the context clearly indicates or requires a different meaning.
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<br />Subd. 1. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that
<br />those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or
<br />lobelia delivery devices are following and complying with the requirements of this ordinance.
<br />Compliance checks shall involve the use of minors as authorized by this ordinance.
<br />Compliance checks shall also mean the use of minors who attempt to purchase tobacco,
<br />tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for
<br />educational, research and training purposes as authorized by state and federal laws.
<br />Compliance checks may also be conducted by other units of government for the purpose of
<br />enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco
<br />products, tobacco-related devices, and nicotine or lobelia delivery devices.
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<br />Subd. 2. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco
<br />product wrapped individually for sale. Individually wrapped tobacco and tobacco products
<br />shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco
<br />in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other
<br />packaging containing more than a single pack or other container as described in this
<br />definition shall not be considered individually packaged.
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