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39 <br />CITY OF SAINT ANTHONY VILLAGE <br />STATE OF MINNESOTA <br />RESOLUTION 13-071 <br />A RESOLUTION AUTHORIZING A STUDY REGARDING REGULATION OF <br />ELECTRONIC CIGARETTES AND RELATED DEVICES <br />BE IT RESOLVED by the City Council of Saint Anthony Village as follows: <br />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. <br />2. Section 111.057 of the City Code prohibits the smoking of tobacco, tobacco products <br />and tobacco related devices in all retail establishments. <br />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 />4. "The City Council hereby authorizes a study to be undertaken by the City staff in <br />conjunction with the Planning Commission for the purpose of considering <br />amendments to the City's official controls regarding the regulation of electronic <br />cigarettes and related devices. <br />5. The scope of the study should include, but is not limited to, the following: <br />a. the particular zoning districts in which such uses should be allowed as <br />either permitted uses or conditional uses and the specific conditions which <br />should be applicable to the sale and use of e -cigarettes as a conditional <br />use; <br />b. the density and concentration of such uses; <br />c. the effect of such uses on other uses in the surrounding area; <br />d. the need, if any, for modifications to the City's official controls or <br />licensing regulations regarding such uses; and <br />e. the effect of e -cigarette sellers' proximity to residential areas, schools, <br />churches, cultural institutions, parks and playgrounds on the health and <br />welfare of the City of Saint Anthony Village, especially persons under the <br />age of 18. <br />