For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGARS. Any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in M.S. § 297F.01, subd. 3, as it may be amended from time to time.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of persons under age 21 as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of persons under age 21 who attempt to purchase licensed products for educational, research, and training purposes, as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to licensed products.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption through inhalation of vapor or liquid from the product. ELECTRONIC DELIVERY DEVICE shall include any component part of a product, whether or not sold separately. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, device manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY DEVICE does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
HOOKAH. A pipe with a long, flexible tube by which the smoke is drawn through a jar of water and thus cooled for the use of tobacco or tobacco-related products.
INDIVIDUALLY PACKAGED. 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 definition, shall not be considered INDIVIDUALLY PACKAGED.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
LICENSED PRODUCTS. Collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. Single or individually packaged cigarettes, cigars, or any other licensed product that has been removed from its intended retail packaging and offered for sale. The term LOOSIES does not include individual cigars with a retail price, before any sales taxes, of more than $2 per cigar.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile, kiosk, trailer, 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. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of a product that is not tobacco as defined in this section, not including drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited to, restaurants, bars, any other food or liquor establishment, retail and other commercial establishments, educational facilities, hospitals, nursing homes, auditoriums, arenas, meeting rooms, waiting rooms, and common areas of rental apartment buildings.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug stores.
SALE. Any transfer or distribution of goods for money, trade, barter, or other consideration.
SAMPLING. The lighting of tobacco, tobacco products, tobacco-related devices, or the activation of, and inhaling of, vapor from electronic cigarettes in a retail establishment by a customer, or potential customer, for the purpose of SAMPLING the product or device before a purchase.
SELF-SERVICE MERCHANDISING. Open displays of licensed products in any manner where any person shall have access to the licensed products, without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual, physical exchange of the licensed products between the customer and the licensee or employee. SELF-SERVICE SALES are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated product, whether natural or synthetic, containing, made, or derived from nicotine, tobacco, marijuana, or other plant, that is intended for inhalation. SMOKING also includes carrying or using an activated electronic delivery device.
SMOKING LOUNGE. A tobacco products shop which allows customers to be seated.
TOBACCO or TOBACCO PRODUCTS. Includes cigarettes and any product containing, made, or derived from TOBACCO that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a TOBACCO PRODUCT; cigars; cheroots; stogies, perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; dipping tobaccos; and other kinds and forms of TOBACCO, TOBACCO or TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
TOBACCO PRODUCTS SHOP. Any licensed retail establishment that derives at least 90% of its revenue from tobacco or tobacco products, and where no person under the age of 21 is present, or permitted to enter, at any time.
TOBACCO-RELATED DEVICES. Includes any pipe, rolling papers, or other device intentionally designed, or intended to be used, with tobacco products. TOBACCO-RELATED DEVICES includes components of TOBACCO-RELATED DEVICES which may be marketed or sold separately.
VAPOR LOUNGE. A vapor products shop which allows customers to be seated.
VAPOR PRODUCTS SHOP. A retail establishment with an entrance door opening directly to the outside that derives more than 90% of its gross revenue from the sale of electronic delivery devices, electronic cigarettes, and related products, and in which the sale of other products is merely incidental. VAPOR PRODUCTS SHOP does not include a vapor products department or section of any individual business establishment with any type of food, liquor, or restaurant license.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product.
(Ord. 287, passed 9-3-2019)