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47 <br />CITY OF ST. ANTHONY VILLAGE <br />ORDINANCE 2011-001 <br />AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES, <br />AMENDING SECTION 111 OF THE ST. ANTHONY CITY CODE <br />0W 4 RE TIES TOBACCO REGULATIONS <br />§ 111.044 RECITALS. The Minnesota Legislature has enacted the Minnesota Clean Air <br />Act (Minnesota Statutes, Sections 144.411 to 144.417), the purpose of which is to protect <br />employees and the general public from the hazards of secondhand smoke by eliminating smoking <br />in public places, places of employment, public transportation and at public meetings, and nothing <br />in the Minnesota Clean Air Act prohibits the City from enacting and enforcing more stringent <br />measures to protect individuals from secondhand smoke. Pursuant to this authority and for the <br />purpose of protecting individuals from the hazards of secondhand smoke the City has determined <br />to prohibit the lighting of tobacco in a retail establishment by a customer or potential customer for <br />the purpose of sampling tobacco products. <br />§ 111.045 PURPOSE. <br />The City recognizes that many person under the age of 18 years purchase or otherwise <br />obtain, possess, and use tobacco. Tobacco products, and tobacco related devices, the sales, <br />possession, and use are violations of both state and federal laws. The City further recognizes the <br />public health hazards of exposure of individuals to secondhand smoke. This subchapter is <br />intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco <br />related devices for the purpose of enforcing and furthering existing laws, to protect minors <br />against the serious effects associated with the illegal use of tobacco, tobacco products, and <br />tobacco related devices, to protect individuals from the hazards of secondhand smoke, and to <br />further the official public policy of the State of Minnesota as stated in M.S. § 144.391 and <br />M. S. § 144.412 , as may be amended from time to time. (1993 Code, § 510.01) <br />§ 111.046 DEFINITIONS. <br />For the purpose of this subchapter, the following definitions shall apply unless the <br />context clearly indicates or requires a different meaning. <br />COMPLIANCE CHECKS The process the City uses to investigate and ensure those <br />authorized to sell tobacco, tobacco products, or tobacco related devices are complying with the <br />requirements of this subchapter. COMPLIANCE CHECKS shall involve minors who are <br />authorized by this subchapter, state and federal regulations and who attempt to purchase tobacco, <br />tobacco products, or tobacco related devices for educational, research, and training purposes, and <br />for the enforcement of the aforementioned city, state, and federal regulations pertaining to <br />tobacco, tobacco products, and tobacco related devices. <br />INDIVIDUALLYPACKAGED. The practice of selling any tobacco or tobacco product <br />wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, <br />but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and <br />single cans or other packaging for snuff or chewing tobacco. Cartons or other packaging <br />