§ 12-189. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco or tobacco-related products, and tobacco-related devices are following and complying with the requirements of this article. The term "compliance checks" also means the use of persons under 21 years of age who attempt to purchase tobacco or tobacco-related products, or tobacco-related devices, for education, 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 tobacco or tobacco-related products, and tobacco-related devices.

Child-resistant packaging means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20.

Electronic delivery device and e-cigarette mean 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.

Minor means any natural person who has not yet reached the age of 18 years.

Movable place of business means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions.

Nicotine or lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not 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 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 being marketed and sold solely for such an approved purpose.

Retail sale means any transfer of goods for money, trade, barter or other consideration.

Self-service merchandising means the open displays of tobacco or tobacco-related products, or tobacco-related devices in any manner where any person shall have access to the tobacco or tobacco-related products, or tobacco-related devices, without the assistance or intervention of the licensee or the licensee's employee.

Smoking lounge means a location licensed to sell tobacco products where:

(1)

Except for a bona fide sale of a smoking device, provided or otherwise made available for use by a customer, potential customer, or any other person a smoking device for the purpose of smoking any tobacco product;

(2)

It is provided in exchange for a fee or any other consideration seating within or access to the indoor area of a tobacco products shop; or

(3)

It is permitted within the indoor area the sampling of any tobacco product which was not furnished by the tobacco products shop on the date and at the time the sampling occurs.

Tobacco or tobacco-related product means cigarettes and 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; 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. The term "tobacco" excludes any tobacco product that has been approved 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 being marketed and sold solely for such an approved purpose.

Tobacco-related device means any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or the inhalation of vapors of tobacco or tobacco-related products. The term "tobacco-related device" includes electronic delivery devices and nicotine or lobelia delivery products.

Vapor lounge means a location that sells electronic delivery devices where:

(1)

Except for a bona fide sale of electronic delivery devices, provided or otherwise made available for use by a customer, potential customer, or any other person a device or product for the purpose of using an electronic delivery device product;

(2)

It is provided in exchange for a fee or any other consideration seating within or access to the indoor area of a shop that sells electronic delivery devices; or

(3)

It is permitted within the indoor area of a shop that sells electronic delivery devices the sampling of any electronic delivery device product which was not furnished by the shop on the date and time the sampling occurs

Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco or tobacco-related products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco-related product or tobacco-related devices.

(Code 1992, § 1326.01; Ord. No. 1997-17, 12-15-1997; Ord. No. 2014-11 , § 1, 8-4-2014; Ord. No. 2017-03 , §§ 1, 2, 5-2-2017, eff. 7-1-2017)

State law reference

Definition of tobacco, Minn. Stats. § 609.6855, subd. 1.