For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS or MARIJUANA. Includes “cannabis flower,” “cannabis products,” “lower-potency hemp edibles,” and “hemp-derived consumer products” and shall have the definitions given to them in M.S. § 342.01, as it may be amended from time to time.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in 16 C.F.R. § 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in 16 C.F.R. § 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 M.S. § 297F.01, Subd. 3, as may be amended from time to time.
COMPLIANCE CHECKS. The process the city uses to investigate and ensure that those authorized to sell licensed products are complying with the requirements of this subchapter. COMPLIANCE CHECKS shall involve persons under the age of 21 who are authorized by this subchapter, state, and federal regulations and who purchase or attempt to purchase licensed products for educational, research, and training purposes, and for the enforcement of the aforementioned city, state, and federal regulations pertaining 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 product that has been approved or certified by the U.S. 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.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products include, but are not 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. A standard window screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall.
LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a truck, van, kiosk, 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 a tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any product that has been approved or otherwise certified for legal sale by the U.S. Food and Drug Administration as a tobacco-cessation product, a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
PLACE OF EMPLOYMENT. Any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. PLACE OF EMPLOYMENT includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A PLACE OF EMPLOYMENT also includes, but is not limited to: public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are PLACES OF EMPLOYMENT during hours of operation if more than one person is present. An area in which work is performed in a private residence is a PLACE OF EMPLOYMENT during hours of operation if:
(1) The homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or
(2) The homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner’s trade or business.
PUBLIC MEETING. All meetings open to the public pursuant to M.S. § 13D.01, as it may be amended from time to time.
PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited to, restaurants; banks; bars; any other food or liquor establishment; hotels and motels; reception areas; retail establishments and other commercial establishments; shopping malls; educational facilities; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms; government buildings; and common areas of rental apartment buildings.
PUBLIC PLACE, OUTDOOR. All city and county parks; parking lots adjacent to such parks; trails with in city parks; on the main city campus, including City Hall and fire station; on other city-owned property, including the public works maintenance facility; and adjacent parking lots to each of these facilities.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENTS include, but are not limited to, grocery stores, tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter, or other consideration.
SELF-SERVICE MERCHANDISING. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee.
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, cannabis, hemp, 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 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 flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO does not include any product that has been approved by the U.S. 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 that 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 licensed product.
(Prior Code, § 111.046) (Ord. 2011-01, passed 4-26-2011; Ord. 2023-06, passed 11-28-2023)