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ORDINANCE 2012-463 <br />AN ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 38, HEALTH AND <br />HUMAN SERVICES, ARTICLE III - TOBACCO, TO INCLUDE NICOTINE OR <br />LOBELIA DELIVERY DEVICES AND REQUIRE BEHIND COUNTER STORAGE OF <br />PRODUCTS <br />THE CITY OF HUGO ORDAINS: <br />Section 1. The City Council of the City of Hugo does hereby amend Chapter 38, Health and <br />Human Services, Article III -Tobacco, to read as follows: <br />Sec. 38-44. - Purpose. <br />(a) Because the city recognizes that many persons under the age of 18 years purchase or <br />otherwise obtain, possess and use tobacco, tobacco products tobacco -related devices, and <br />nicotine or lobelia delivery devices, and because studies, which the city hereby accepts and <br />adopts, have shown that most smokers begin smoking before they have reached the age of 18 <br />years and that those persons who reach the age of 18 years without having started smoking are <br />significantly less likely to begin smoking; and because smoking has been shown to be the cause <br />of several serious health problems which subsequently place a financial burden on all levels of <br />government; this article shall be intended to regulate the sale, possession, and use of tobacco, <br />tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices for the <br />purpose of enforcing and furthering existing laws, to protect minors against the serious effects <br />associated with the illegal use of tobacco, tobacco products, tobacco -related devices, and <br />nicotine or lobelia delivery devices, and to further the official public policy of the state in regard <br />to preventing young people from starting to smoke as stated in Minn. Stats. § 144.391. <br />(b) The city has relied upon the following sources: Preventing Tobacco Use Among Young <br />People, A Report of the Surgeon General; Youth Access to Tobacco - Summary Points, Youth <br />and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Statistics; Youth <br />Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in <br />Adolescence, both by the Centers for Disease Control and Prevention. <br />(Prior Code, § 275-010) <br />Sec. 38-45. - Definitions and interpretations. <br />The following words, terms and phrases, when used in this article, shall have the meanings <br />ascribed to them in this section, except where the context clearly indicates a different meaning: <br />Compliance checks means the system the city uses to investigate and ensure that those <br />authorized to sell tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia <br />delivery devices are following and complying" with the requirements of this article. Compliance <br />checks may involve the use of minors as authorized by this article. <br />