11-23-2020 Council Work Session Packet

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178606v1 Retail establishment means any place of business where tobacco, tobacco products, or tobacco- related devices are available for sale to the general public. Retail establishments shall include but not be limited to grocery stores, convenience stores and restaurants. Sale means any transfer of goods for money, trade, barter or other consideration. Self-service merchandising means open displays of tobacco, tobacco products, or tobacco-related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco-related 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 or tobacco-related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Tobacco and tobacco products mean 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 scraps, 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 means any tobacco product as well as a pipe, rolling papers or other device, including an E Cigarette, intentionally designed or intended to be used in a manner which enables the chewing, sniffing, inhalation or smoking of tobacco or tobacco products. Vending machine means 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 any person. SECTION 2. City Code Chapter 50 is amended by the addition of a new section as follows: Sec. 50-41. Smoking Prohibited It shall be unlawful for any person to light, burn, smoke, inhale, or exhale tobacco or a tobacco product from a tobacco-related device in any location where smoking is prohibited by the Minnesota Clean Indoor Air Act, or for any person to allow the same. SECTION 3. City Code Chapter 50 is amended by the addition of a new section as follows: Sec. 50-74 – Sampling Prohibited. (a)Pursuant to the authority granted to the City by Minnesota Statutes, Section 144.417, the operator of any tobacco products shop licensed under this chapter is hereby prohibited from any of the following: (1)Except for a bona fide sale of a smoking device, providing or otherwise making available a smoking device for use by any individual within the indoor area of a shop licensed under this chapter;