Except as otherwise provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGAR. 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 amended from time to time.
CITY. The City of Osseo, or its officers, agents, and employees.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of persons under the age of 21 as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of persons under the age of 21 who attempt to purchase tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices 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, electronic cigarettes, electronic delivery devices, and nicotine or lobelia delivery devices.
ELECTRONIC DELIVERY DEVICES or ELECTRONIC CIGARETTES. 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 pipes, vape pens, modes, 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 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.
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.
LOOSIES. The common term used to refer to a single or individually-packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. 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 storefront 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 such a product, that is not tobacco 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.
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 tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices 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 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 tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices, 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 tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device 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 or exhaling smoke from any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product or exhaling vapor from any electronic delivery device, such as vaping. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation.
SMOKING LOUNGE. A tobacco products shop which allows customers to be seated.
TOBACCO or TOBACCO-RELATED 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, including by vaping, or any component, part, or accessory of a tobacco product, cigars, pipe tobacco, 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 excludes any 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 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 tobacco, tobacco-related products, tobacco-related devices, and in which the sale of other products is merely incidental. TOBACCO PRODUCTS SHOP does not include a tobacco products department or section of any individual business establishment with any type of food, liquor, or restaurant license.
TOBACCO-RELATED DEVICES. Includes any tobacco-related products as well as 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. TOBACCO-RELATED DEVICES include 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 tobacco, tobacco products, or tobacco-related devices 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.
(Ord. 2019-2, passed 5-28-2019; Am. Ord. 2020-3, passed 8-10-2020)