(A) Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The term SHALL means mandatory and the term MAY means permissive.
(B) The following terms shall have the definitions given to them:
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco related devices, and nicotine delivery products are following and complying with the requirements of this chapter. COMPLIANCE CHECKS may involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco related devices, and nicotine delivery 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 tobacco, tobacco products, tobacco related devices, and nicotine delivery products.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco, tobacco product, or nicotine delivery product wrapped individually for sale. Individually wrapped tobacco and tobacco products shad 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 division shall not be considered INDIVIDUALLY PACKAGED.
LOOSIES. The common term used to refer to a single or individually packaged cigarette.
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, 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 DELIVERY PRODUCTS. A 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 M.S. § 609.685.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco related devices, or nicotine delivery products are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not 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 tobacco, tobacco products, tobacco related devices, or nicotine delivery products in any way where any person shall have access to the product without the assistance or intervention of the licensee or an employee of the premise maintaining the self-service merchandising. SELF-SERVICE MERCHANDISING shall not include vending machines.
TOBACCO OR TOBACCO PRODUCTS. Any product, substance or item containing tobacco leaf or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested. Tobacco or tobacco products shall include but are not limited to, cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco leaf. TOBACCO PRODUCTS excludes any tobacco product that has been approved by the United States Food and Drug Administration for legal 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 tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, tobacco related devices, or nicotine delivery products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, tobacco related device, or nicotine delivery product. VENDING MACHINE includes, but is not limited to those machines equipped with manual, electric or electronic locking devices which may only be activated by the licensee for each individual sale.
(Ord. 7530, passed 8-16-2011)