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2 St. Anthony - Business Regulations
<br />authorized to sell licensed products are complying with the requirements of this subchapter.
<br />COMPLIANCE CHECKS shall involve persons under the age of 21 who are authorized by this
<br />subchapter, state and federal regulations and who purchase or attempt to purchase licensed products for
<br />educational, research, and training purposes, and for the enforcement of the aforementioned city, state,
<br />and federal regulations pertaining to licensed products.
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<br />ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia,
<br />or any other substance, whether natural or synthetic, intended for human consumption through the
<br />inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is
<br />not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens,
<br />mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY
<br />DEVICE does not include any nicotine cessation product that has been authorized by the U.S. Food
<br />and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,”
<br />as defined in the Federal Food, Drug, and Cosmetic Act. ELECTRONIC DELIVERY DEVICE
<br />includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC
<br />DELIVERY DEVICE does not include any product that has been approved or certified by the U.S.
<br />Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
<br />product, or for other medical purposes, and is marketed and sold for such an approved purpose.
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<br />FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the taste
<br />or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
<br />consumption of the product, including, but not limited to, any taste or smell relating to chocolate,
<br />cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage,
<br />herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the
<br />manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to
<br />make or disseminate public statements concerning such products, that a product has or produces a taste
<br />or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a
<br />FLAVORED PRODUCT.
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<br />INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped
<br />individually for sale. Individually wrapped tobacco and tobacco products include, but are not limited
<br />to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other
<br />packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack
<br />or other container as described in this definition shall not be considered INDIVIDUALLY
<br />PACKAGED.
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<br />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,
<br />or other physical barrier, whether temporary or permanent. A standard window screen (0.011 gauge
<br />with an 18 by 16 mesh count) is not considered a wall.
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<br />LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related
<br />device, electronic delivery device, or nicotine or lobelia delivery product.
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<br />LOOSIES. Common term referring to single cigarettes, cigars, and any other licensed products
<br />that have been removed from their original retail packaging and offered for sale. LOOSIES does not
<br />include premium cigars that are hand-constructed, have a wrapper made entirely from whole tobacco
<br />leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials used
<br />to maintain size, texture, or flavor.a single or individually packaged cigarette.
<br />Commented [PHLC3]: This definition was updated to
<br />align with changes to the definition in state law.
<br />Commented [PHLC4]: This is the definition of “flavored
<br />product” needed for the prohibition below.
<br />Commented [PHLC5]: This definition is not necessary
<br />because the term is only used in the definition of “loosies”
<br />below. Instead, the City could considers updating their
<br />definition of “loosies” as suggested below.
<br />Commented [PHLC6]: As noted above in the comment re:
<br />the definition of “individually packaged” I’ve updated this
<br />loosies definition for clarity and to be more comprehensive.
<br />
<br />Federal law and the Master Settlement Agreement prohibit
<br />the sale of single cigarettes (commonly referred to as
<br />“loosies”), but not other harmful commercial tobacco
<br />products often sold individually and for a low price. State
<br />and local governments can replicate and expand the federal
<br />provisions to close the loopholes that exist. This language
<br />includes and expands on the existing federal ban on the sale
<br />of single cigarettes known as “loosies” to include the sale of
<br />single cigars and other tobacco products (e.g., smokeless
<br />pouches and Juul pods) that have been removed from their
<br />intended packaging. So essentially, with this definition and
<br />the prohibition on the sale of loosies (included later in the
<br />ordinance) the sale of any tobacco product that has been
<br />removed from its original packaging is prohibited.
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