For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition as set forth in C.F.R., title 16, § 1700.15(b), as in effect on January 1, 2015, when tested in accordance with the method described in C.F.R., title 16, § 1700.20, as in effect on January 1, 2015.
CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in M.S. § 297F.01, Subd. 3, as 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 section. COMPLIANCE CHECKS shall involve the use of minors as authorized by this section. COMPLIANCE CHECKS shall also mean the use of minors to 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 that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. ELECTRONIC DELIVERY DEVICE shall include any component part of such a product whether or not sold separately. ELECTRONIC DELIVERY DEVICE shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
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. A standard (0.011) gauge window screen is not considered a wall.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale.
INDIVIDUALLY WRAPPED TOBACCO AND TOBACCO PRODUCTS. Includes, but will 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.”
LICENSED PRODUCTS. Any tobacco, tobacco related device, electronic delivery device, or nicotine or lobelia delivery device, as they are defined by this section.
LOOSIES. The common term used to refer to a single or individually packed cigarette, cigar or any other licensed product that has been removed from its intended retail packaging and sold individually.
MINOR. Any natural person who has not yet reached the age of 21 years.
MOVABLE PLACE OF BUSINESS. Any form of business whose physical location is not permanent, including but not limited to any business operated out of a motorized vehicle, mobile sales kiosk, trailer, or other structure or equipment not permanently attached to the ground.
NICOTINE OR LOBELIA DELIVERY PRODUCTS. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
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 product between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING also includes carrying or using an activated electronic delivery device.
TOBACCO PRODUCTS. Any products 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, including, but not limited to, cigars, little cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine cut and other chewing tobacco, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco, but does not include cigarettes as defined in this section. TOBACCO PRODUCTS excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
TOBACCO RELATED DEVICES. Any pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. TOBACCO RELATED DEVICES shall include accessories or components of tobacco related devices which may be marked or sold separately.
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, the presence of any type of locking device, whether electronic or otherwise, which must first be deactivated by the licensee or an employee of a licensee, shall not exclude a device from being considered a vending machine for the purposes of this section.
YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25% or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. YOUTH-ORIENTED FACILITY includes, but is not limited to, schools, playgrounds, recreation centers, and parks.
(2003 Code, § 6.35-2) (Ord. 80, passed 10-29-1998; Ord. 157, passed 1-18-2011; Ord. 196, passed 8-5-2019; Ord. 219, passed 8-21-2023)