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‐ CODE OF ORDINANCES Chapter 38 ‐ HEALTH AND HUMAN SERVICES ARTICLE III. ‐ TOBACCO DIVISION 1. GENERALLY Hugo, Minnesota, Code of Ordinances Created: 2021‐07‐21 11:43:46 [EST] (Supp. No. 28) Page 1 of 6 DIVISION 1. GENERALLY Sec. 38‐44. Purpose. (a) Because the city recognizes that many persons under the age of 18 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products tobacco‐related devices, and nicotine or lobelia delivery devices, and because studies, which the city hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 18 21 years and that those persons who reach the age of 18 21 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, tobacco‐related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors persons under the age of 21 against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco‐related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stats. § 144.391. (b) The city has relied upon the following sources: Preventing Tobacco Use Among Young People, A Report of the Surgeon General; Youth Access to Tobacco ‐ Summary Points, Youth and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Statistics; Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and Prevention. Sec. 38‐45. Definitions and interpretations. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco‐related devices, and nicotine or lobelia delivery devices are following and complying" with the requirements of this article. Compliance checks may involve the use of minors as authorized by this article. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually packaged cigarette. Minor means any natural person who has not yet reached the age of 18 years. Moveable place of business shall refer to 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 transactions. Nicotine or lobelia delivery devices means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined by Minn. Stats. § 609.685.