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29 CITY OF ST. ANTHONY ORDINANCE 2011-01 AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES, AMENDING SECTION 111 OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. Recitals. The Minnesota Legislature has enacted the Minnesota Clean Air Act (Minnesota Statutes, Sections 144.411 to 144.417), the purpose of which is to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation and at public meetings, and nothing in the Minnesota Clean Air Act prohibits the City from enacting and enforcing more stringent measures to protect individuals from secondhand smoke. Pursuant to this authority and for the purpose of protecting individuals from the hazards of secondhand smoke the City has determined to prohibit the lighting of tobacco in a retail establishment by a customer or potential customer for the purpose of sampling tobacco products. Section 2. Amendment of Section 111.045 of the St Anthony City Code. Section 111.045 of the St. Anthony City Code shall be amended to read as follows: "§ 111.045 PURPOSE. The City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, the sales, possession, and use are violations of both state and federal laws. The City further recognizes the public health hazards of exposure of individuals to secondhand smoke. This subchapter is intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, to protect individuals from the hazards of secondhand smoke, and to further the official public policy of the State of Minnesota as stated in M.S. § 144.391 and M.S. § 144.412, as they may be amended from time to time. (1993 Code, § 510.01)" Section 3. Amendment of Section 111.046 of St Anthony City Code. The definition of "MOVEABLE PLACE OF BUSINESS" and "TOBACCO or TOBACCO PRODUCTS" in Section 111.046 of the St. Anthony City Code, shall be amended to read as follows: "MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transaction." "TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco Leaf, including but not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff; fine cut or other chewing tobacco; dipping tobacco; snus; bidis, or any other preparation of tobacco;