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15 <br />CITY OF ST. ANTHONY VILLAGE <br />ORDINANCE 2011- 01 <br />AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES, <br />AMENDING SECTION 111 OF THE ST. ANTHONY CITY CODE <br />TOBACCO REGULATIONS <br />RECITALS. The Minnesota Legislature has enacted the Minnesota Clean Air Act (Minnesota <br />Statutes, Sections 144.411 to 144.417), the purpose of which is to protect employees and the <br />general public from the hazards of secondhand smoke by eliminating smoking in public places, <br />places of employment, public transportation and at public meetings, and nothing in the Minnesota <br />Clean Air Act prohibits the City from enacting and enforcing more stringent measures to protect <br />individuals from secondhand smoke. Pursuant to this authority and for the purpose of protecting <br />individuals from the hazards of secondhand smoke the City has determined to prohibit the <br />lighting of tobacco in a retail establishment by a customer or potential customer for the purpose <br />of sampling tobacco products. <br />Amendment of Section 111.045 of the St. Anthony City Code. Section 111.045 of the St. <br />Anthony City Code shall be amended to read as follows: <br />§ 111.045 PURPOSE. <br />The City recognizes that many persons 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 />Amendment of Section 111.046 of the St. Anthony City Code. The definition of <br />MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, <br />van, automobile, or other type of vehicle or transportable shelter and not a fixed address store <br />front or other permanent type of structure authorized for sales transaction. <br />TOBACCO or TOBACCO PRODUCT'S. Any substance or item containing tobacco leaf, <br />including but not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff; fine cut or <br />other chewing tobacco; dipping tobacco; snus; bidis, or any other preparation of tobacco; <br />cheroots; stogies, perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking <br />tobacco; and any product or formulation of matter containing biologically active amounts of <br />nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation <br />