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33 <br />CITY OF SAINT ANTHONY VILLAGE <br />STATE OF MINNESOTA <br />ORDINANCE NO. 2013-04 <br />AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE CREATION, <br />ESTABLISHMENT OR OPERATION OF BUSINESSES THAT SELL ELECTRONIC <br />CIGARETTES AND ON THE SAMPLING OF ELECTRONIC CIGARETTES AND <br />RELATED PRODUCTS IN BUSINESSES <br />The City Council of the City of Saint Anthony Village (the "City") ordains as follows: <br />Section 1. Recitals. <br />a. The City Council has the power to adopt ordinances to provide for the government <br />and good order of the city; the prevention of crime; the protection of public and <br />private property; the benefit of trade and commerce; and the promotion of health, <br />safety, order, convenience and the general welfare. <br />b. Pursuant to Minnesota law authorizing cities to regulate tobacco, tobacco products <br />and tobacco related devices, sections 111.045 through 111.057 of the City Code <br />regulate the sale, possession and use of tobacco, tobacco products and tobacco related <br />devices. The purpose of these regulations is to enforce and further existing laws, to <br />protect minors against the serious effects associated with the illegal use of such <br />substances and devices, to protect individuals from secondhand smoke and to further <br />the official public policy of the State of Minnesota. <br />Section 111.057 of the City Code prohibits the smoking of tobacco, tobacco products <br />and tobacco related devices in all retail establishments. <br />d. Section 152.121 of the Zoning Code allows for the permitted use of pipe and tobacco <br />shops in the City's commercial zoning district. The Zoning Code, however, does not <br />specifically regulate or reference businesses that sell e -cigarettes or allow the use of <br />e -cigarettes on their premises. <br />e. Electronic cigarettes, commonly known as e -cigarettes, and other similar devices <br />provide new methods for nicotine delivery. Such devices heat a liquid infused with <br />nicotine and other ingredients, and the vapor is inhaled and exhaled like tobacco <br />smoke. Some, but not all, of these devices contain tobacco. Although not currently <br />reflective of the status quo of the City, e -cigarettes and the liquid products are <br />sometimes sold at locations where customers are permitted to "sample" the products <br />on site before purchasing them. <br />f. The State of Minnesota's only current regulation of e -cigarettes is Minnesota Statutes <br />section 609.6855, which prohibits their sale to persons under the age of 18. <br />Minnesota cities' regulation of e -cigarettes varies widely, including some cities <br />