§ 111.02 DEFINITIONS AND INTERPRETATION.
   (A)   Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term SHALL means mandatory and the term MAY means permissive.
   (B)   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 set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 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 Minn. Stat. § 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 tobacco, tobacco products and Tobacco-Related Devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS involve the use of persons under the age of 21 who purchase or attempt to purchase Licensed Products. COMPLIANCE CHECKS may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing 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, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices 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 includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE 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.
   DELIVERY SALE. The Sale of any licensed product to any person for personal consumption and not for resale when the Sale is conducted by any means other than an in-person, over-the counter Sales transaction in a licensed Retail Establishment. DELIVERY SALE includes but is not limited to the Sale of any licensed product when the Sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. DELIVERY SALE includes delivery by licensees or third parties by any means, including curbside pick-up.
   ELECTRONIC DELIVERY DEVICE. Any product containing or delivering Nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is not limited to, devices 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 includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICE 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.
   IMITATION TOBACCO PRODUCT. Any edible non-tobacco product designed to resemble a tobacco product, or any non-edible tobacco product designed to resemble a tobacco product and intended to be used by children as a toy. IMITATION TOBACCO PRODUCT includes, but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco snuff tins. IMITATION TOBACCO PRODUCT does not include Electronic Delivery Devices or Nicotine or Lobelia Delivery Products.
   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 percent 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. The term that collectively refers to any tobacco, tobacco-related device, Electronic Delivery Device, or Nicotine or Lobelia Delivery Product.
   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 subdivision shall not be considered INDIVIDUALLY PACKAGED.
   LOOSIES. The common term used to refer to single cigarettes, cigars, and any other Licensed Products that have been removed from their original retail packaging and offered for Sale. LOOSIES does 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. MINOR. Any natural person who has not yet reached the age of 18 years.
   MOVEABLE PLACE OF BUSINESS. Refers to 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 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 in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT 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.
   RETAIL ESTABLISHMENT. Any place of business where Licensed Products Licensed Products are available for Sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores, restaurants, and bars.
   SALE. Any transfer of goods for money, trade, barter, or other consideration.
   SELF-SERVICE MERCHANDISING. Open displays of Licensed Products in any way where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the SELF-SERVICE MERCHANDISING. 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 or Tobacco Products. Any substance or item 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; 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 includes Nicotine solution products. 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 rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE includes components of Tobacco-Related Devices or tobacco products, which may be marketed or sold separately. TOBACCO-RELATED DEVICES may or may not contain tobacco.
   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 tobacco, tobacco product or tobacco-related device.