For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person as defined herein, who completes or signs an application for a license to sell tobacco, tobacco products or tobacco-related devices individually or on behalf of a business.
BUSINESS. The business of selling tobacco, tobacco products or tobacco-related devices.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other name or descriptor. ELECTRONIC DELIVERY DEVICE includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
INDOOR AREA. Shall have the same meaning as set forth in M.S. § 144.413, subd.1a, as may be amended from time to time.
LICENSE HOLDER. The owner of the business licensed to sell tobacco, tobacco products or tobacco-related devices.
LICENSED PRODUCT. The term that collectively refers to any tobacco, tobacco product, tobacco-related devices, electronic delivery device, and nicotine or lobelia delivery product.
LOOSIES. Common term used to refer to a single or individually wrapped cigarette, cigar and any other licensed product that have been removed from their original retail packaging and offered for sale. LOOSIES do not include premium cigars that are hand-constructed, have a wrapper made entirely from whole tobacco leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials used to maintain size, texture, or flavor.
MOVABLE PLACE OF BUSINESS. A business whose physical location is not permanent or is capable of being moved or changed.
NICOTINE OR LOBELIA DELIVERY PRODUCT. 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 herein. It does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.
PERSON. One or more natural persons; a partnership, limited liability company; corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
PUBLIC MEETING. Shall have the same meaning as set forth in M.S. § 13D.01, as may be amended from time to time.
PUBLIC PLACE. Shall have the same meaning as set forth in M.S. § 144.413, subd. 2, as may be amended from time to time.
PUBLIC TRANSPORTATION. Shall have the same meaning as set forth in M.S. § 144.413, subd. 5, as may be amended from time to time.
SELF-SERVICE MERCHANDISING. A method of displaying tobacco, tobacco products or tobacco-related devices so that they are accessible to the public without the intervention of an applicant, license holder or their agents or employees.
TOBACCO or TOBACCO PRODUCT. Any substance, item, or 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, including but not limited to: cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready, rubbed and other smoking tobacco; snuff; snuff flower, cavendish, plug and twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scripts, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing, sniffing, or smoking in a pipe, rolling paper or other tobacco-related devices. TOBACCO and TOBACCO PRODUCT excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
TOBACCO RELATED DEVICES. Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. The term TOBACCO- RELATED DEVICE(S) includes electronic delivery devices and components of tobacco-related devices, which may be marketed and sold separately.
VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses licensed products and including vending machines equipped with manual, electric or electronic locking devices.
(Prior Code, § 6.32) (Am. Ord. 2, Second Series, passed 2-12-1998; Am. Ord. 2015-09, passed 7-6-2015; Am. Ord. 2020-05, passed 9-21-2020)