A. Definitions: For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section:
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 includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified 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 marketed and sold for such an approved purpose.
SMOKING: For the purposes of subsections C and D of this section:
1. The inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product; or
2. Carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation; or
3. Inhaling or exhaling vapor from any electronic delivery device; or
4. Carrying an electronic delivery device that is turned on or otherwise activated.
TOBACCO OR TOBACCO PRODUCTS: Any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse craps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking.
TOBACCO RELATED DEVICES: Any tobacco product as well as a pipe, rolling papers, electronic delivery device, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products.
USE: The inhaling or exhaling of vapor from any electronic delivery device. Use shall also mean carrying an electronic delivery device that is turned on or otherwise activated.
B. Prohibition: The use of any electronic delivery device is prohibited where smoking is prohibited by the Minnesota Clean Indoor Air Act. The prohibition contained in this section is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statutes sections 144.411 to 144.417, as amended from time to time. Nothing in this section or any other ordinance of the City authorizes use of an electronic delivery device in any location where use is restricted by other applicable laws.
C. Use In Retail Tobacco Establishment: Smoking any tobacco, tobacco products, tobacco related devices, and electronic delivery devices, including for the purpose of sampling, is prohibited within the indoor area of any establishment with a tobacco retailer license.
D. Proprietors: It is a violation of this section for the proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the area in which use or smoking is prohibited under this section to knowingly fail to comply with the provisions of this section.
E. Penalty: A person who violates any provision of this section is guilty of a petty misdemeanor. Each day of violation constitutes a separate offense. (Ord. 123, 2nd Series, 10-14-2014)