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A WSB & Assam ; Infrastructure a Engineering . Planning a Construction CITY OF ST. ANTHONY VILLAGE MEMORANDUM To: From: Date: WSB Project No. Request: BACKGROUND Honorable Mayor and City Council Mark Casey, City Manager Kelsey Johnson, ACIP, City Planner September 24, 2013 City Council Work Session for September 30, 2013 02170 -000 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 - 541 -4800 Fax: 763 - 541 -1700 Electronic Delivery Device (E- Cigarette) Code Language Discussion What is an Electronic Delivery Device? Electronic delivery devices (electronic cigarette or e- cigarette) use is on the rise and many communities are struggling to adjust their existing tobacco ordinance to address this new issue. An electronic cigarette, also called an e- cigarette, is a battery operated nicotine vaporizer. E- cigarettes often look like traditional cigarettes but do not produce smoke. The use of the e- cigarettes is referred to as "vaping" rather than "smoking ". E- cigarette users purchase cartridges filled with liquid nicotine and other substances, attached the cartridge onto the e- cigarette battery, and breathe in nicotine vapor produced by a small heating element. The cartridges are sold in many flavors such as cherry, bubblegum, vanilla, and fruit punch. Liquid nicotine found in e- cigarettes is derived from tobacco; however most of the devices do not contain any tobacco. (Information obtained from the Ramsey Tobacco Coalition 612512013 publication). What Does the City of St. Anthony City Code Say About Electronic Delivery Devices? Section § 111.046 of the City of St. Anthony Village City Code defines "TOBACCO OR TOBACCO PRODUCTS" as "any substance or item containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff, fine cut or other chewing granulated, plug cut, crimp cut; snus; bidis, or any other preparation of tobacco; cheroots; stogies; perique; formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product approved by the United States Food and Drug Administration for use as a medical treatment to reduce and eliminate nicotine or tobacco dependence ". "TOBACCO RELATED DEVICES" is defined as "any tobacco product as well as a pipe, rolling papers, or device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. Furthermore, § 111.057 of the City Code related to "SMOKING PROHIBITED" STATES THAT "It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related devices by any person in any retail establishment and for any person that owns, leases, manages, operates or otherwise controls the retail establishment to allow such to occur". The existing code does not currently define "SMOKING ". Page 1