HomeMy WebLinkAboutOrd #126-3rd Ser/ An Ordinance Amending and Adding New Sections to Chpt 50 Regulating Tobacco - E CigarrettesORDINANCE NO. 126, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING AND ADDING NEW
SECTIONS TO CHAPTER 50 OF THE ORONO CITY
CODE REGULATING TOBACCO & E CIGARRETTES
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. City Code Chapter 50 Section 50-31 is amended as follows:
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The following words, terms and phrases, when usod in this article, shall have tho meanings
ascribed to 6ern in this section, except where the context clearly indicates a different meaning.
Except as i i, -y o'cherwise be provided cr-;l::arty implie l by Context, all terrras shall be given their
comm: rly accepted definitions.
Compliance f:,'ecks means the system tdie zity uses tc investigate and ensure that those authorized
tc sell tobacco, tobacco brodl,cts, and tobacco-roh� d -,vices are and cot- lying with
the requiremPilts of this ar'_i-A . Compliance --becks shall involve the use of m hors Ls authorized
by this rrticl,:.. Coin-)IiLwce checks shzll also mean the use of minors who attempt to purchase
tobacco, tooacco products, or tobacco-reiated d: -vices for ed -.;ca ional, res--a.--ch and training
puri ores as authorized. by state zn.d federJ lai-; s. Comp" ance ;izecks razy also be conducted by
oth miles of government for the purpose o: e.7yorcing appropriaw fed:ral, state or :ocal laws
and rsgalations relating tc, totucco, tobac^o products and tobacco-relat:d devices.
E 0jZa,, ette means any � l,,-- ironic -smoking device that can be used to deliver n;cotine or au
other sub, ances to t' -�-, nerson inhAir•.g from the d vice including but not limi.ed to electronic
cigarettes, i-lect.or..ic cigars,eleotronic pipes or any other similor device.
lraivi: wally pac-.-aged means tho nrac6,-ze of selling any -4ob.-aczo or toba,.co pro& ct vrrapped
indivif wally for sale. Individaa; i.1, )xTapped tobacco and tobacco products includ(, but are not
limited to single cigarett.-, packs, single bags or cans of loose tobacco in any form, and sinjlc
cans or cth • pr.:d aging of snuff or chewing tobacco. Carions or other packaging containing
more than r_ single, rat:_ or other contamz -,-- sisal' not b:. considered individual -y packaged.
Loosies is the common term i.sed to refer to a singie or individually packaged cigarett:,.
1Jinor means any natural ?vrson who has not yet reached the age of 18 years.
Iviovablc place of businez-v means any form of business operatec. out of a tru,.I , van, automobile,
o- )ther 'Cy -- of vehicle e7 tran.sportabae shelter and.. not a fixed address storefront or other
P.; *_-manen'. t-' --- of s. actur , authoriz.cd for sales tr nsacdo is.
Ret,x-! Lstab'.::'::. e:',' beans any pl:-cc of business wnerc tc} acao, Looacco products, Gr tobacco.
related devic..s for sa.„ -io tbo gc'xer4.A public. Retail watabli.shm-,nts sha.1 include iu.
not be limited tc stores, ccs. ;; onience stores and restaurants.
Sale means any transfer of goods for money, trat e, Lu L-- - or other consideration,
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ue -service :n: rchandising means open displays of tobacco, tobacco products, or tobacco -related
devic;,s in any manner whe-,-,, any pzrson s_.-Id!I_ h,.vc access to th,ti tobacco, tobacc;, products, o:
tobacco-rPiat:d devices, without the assistance or intervention of the licensee or the -licensee's
employ,:e. The assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco produce or tobacco -related de6ce between the customer and the licensee or employee.
Self-service merchandising shall not include N onding machines.
Tobacco and tobacco products mean any substance or item containing tobacco leaf, including
but not :invited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobac:,o;
cheroots: stogies; peric-.u: ; 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 tobac.-:, leaf
prepared in such manner as to be suitable for chewing, sniffing or smolting.
Tobacco-z,elaied dcvices means any tobacco product :.s we_I as a pipe, rolling pa%-rs or other
device, including an E Cigare`.te, 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, elzct:ic or e :.ctronic, or other type of device whic;i
dispenses tobacco, tobacco products or tobacco -related devices upon the insertion of money.
tok ns -)r othrT four_ of payment directly into the machine by any:) -son.
SECTION 2. City Code Chapter 50 is amended by the addition of a new section as follows:
See. 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.. _ _ -01N 2. --0E-A.1 fEI_IL` .: _ . i "'k 3 _
4I ��.:. ��Wir. 1_. T_'� fir,--�,-_•��,.
No person shall sell or offer to sell any tobacco, '.o6acco pr.riducts or toba xo-related device
includir g o cig: retEes, without fast having od`ained a license to do so from `-h;, city.
la , •e:�•�� y:e— Aut7..�t,_:ty to require license, Minn. Stat. § 461.12, su';d. 1.
S Sq' -67,. - An application_ for a license to sell tobacco, tobacco products C.-
tobaccc-rcxatec; dcvic:vs, including e cigarettes, shal' be -nade on a form provided by the ei'y. The
application_ shr.;ll contzir the full name of tb.e applicant, the applicant's resiLden-dal and business
a.ddressc.zu -_id -4elepx oae numbers, the name of the business for which he ii: ense is sought, and
any additional information the city deems necessary. Upon receipt of e completed application,
th.: city administmeor shall iorwfxd the cpplicaf on to the council for action at its r, ;xt regularl,
sol?.:.puled. caur.ci; :meeting. 'lf tbj:c city administrator shale det�rmir,,� tha; an app.icr.:_-ian is
iz:� ilete, he shall return t : anphcaticn to the appli ;ant with notice of the info:maticr
nec,�-:.ary to make the appiic�,.ion complete.
SECTION 4. City Code Chapter 50 is amended by the addition of a new section as follows:
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.Sec. 50-74 S€, R°y Wb teed
(a) Pursuant to the authority wanted 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:
�} Excpt far a_bona fide sale of a smoking device, providing or_otherwise making available
z smoking device for use by ary individual within the indoor area of a shop licensed
under this chapter;
Permitting any person to light, burn, smoke, inhale, or exhale tobacco, tobacco products,
or tobacco -related devices within the indoor area of any -establishment with a tobacco
license under this Chapter.
b%_1 PurFivant 10 the authority granted to the City by Minnesota Statutes, Section 144.417,
smoking for the purposes of sampling tobacco and tobacco -related devices is prohibited. It
shall be unlawful for any person to likht, burn, smoke, inhale, or exhale tobacco, tobacco
products or tobacco -related devices within the indoor area of any establishment with_a
tobacco license under this Chapter.
SECTION 5. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 10th day of November, 2014 by the Orono City Council with a vote of
4 ayes and 0 nayes.
IZ-&Ad;:n
Lili McMillan, Mayor
ATTEST:
Rachel Dodge, City Clerk
Summary Ordinance to be published in The Pioneer and The Laker Newspapers the week of
November 22, 2014.
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