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 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.
CIGARS. 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 it may be amended from time to time.
COMPLIANCE CHECKS. The system the city uses to investigate, and ensure, that those authorized to sell licensed products 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 licensed 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 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.
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. Any tobacco, tobacco-related device, electronic delivery device, or nicotine, or lobelia, delivery product.
LOOSIES.
(1) Single, or individually-packaged, cigars or cigarettes offered for sale, regardless of whether they have been removed from their original retail packaging.
(2) Any other licensed product that has been removed from its intended original retail packaging and offered for sale. LOOSIES does not include individual cigars with a retail price, after any discounts are applied, and before any sales taxes are imposed, of at least $4 per cigar.
MOVABLE 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 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.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, tobacco shops, grocery stores, gas stations, convenience stores, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter, or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of licensed products in any manner where any person shall have access to the licensed products, 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 licensed products between the customer and the licensee, or employee. 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 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 tobacco product, as well as pipes, wraps, rolling papers, or other device intentionally designed, or intended, to be used with tobacco products. TOBACCO-RELATED DEVICES 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 licensed products.
(Ord. 44, third series, passed 10-15-2019)