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HomeMy WebLinkAboutItem 06.lSeptember 25, 2014 Item No. ORDINANCE AMENDMENT RELATED TO LICENSING AND REGULATING THE SALE OF TOBACCO, E -CIGARETTES AND ELECTRONIC DELIVERY DEVICES Proposed Action Staff recommends adoption of the following motion: Move to adopt an ordinance amending Title 3, Chapter 6, of the Lakeville City Code related to licensing and regulating the sale of tobacco, e -cigarettes and electronic delivery devices. Passage of this motion amends the current tobacco ordinance to include e -cigarettes and electronic delivery devices. Overview The legislature amended Minnesota Statute 461.12 by adding "electronic delivery devices, nicotine and lobelia products and delivery products" to the list of tobacco related devices and products a city is authorized to license and regulate the retail sale of. This law became effective July 1, 2014. The attached ordinance extends the definition of "tobacco product" to include electronic delivery devices and e -cigarettes. Businesses that sell electronic delivery devices and e - cigarettes must follow the same application and licensing requirements. License holders would be invited to participate in the City's best practices program and would be subject to unannounced compliance checks and administrative penalties for the sale of electronic delivery devices and e -cigarettes to persons under the age of 18. We are aware of two businesses in Lakeville that sell e -cigarettes, and both currently have a City of Lakeville tobacco license. Primary Issues to Consider Does the new law include restrictions on the sale and use of e -cigarettes? G114L 112 Charlene Friedges, City Cl k Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Analysis of Primary Issues: sues: The new law, effective July 1, 2014 also: • Prohibits the use of e -cigarette use in schools. • Bans the sale of electronic cigarettes in open displays accessible to the public or in vending machines; • Allows for more restrictive regulation of sales of electronic cigarettes and products by local ordinance; • Makes the sale of electronic cigarettes and products to children a crime against public safety and health; • Adds new language to require "child -resistant packaging" of any liquid that is intended for human consumption and use in an electronic delivery device (effective January 1, 2015); • Prohibits the sale of electronic cigarettes and products in a kiosk or moveable place of business (effective January 1, 2015 for contracts in effect as of May 1, 2014; effective August 1, 2014 for any contracts entered into after May 1, 2014) Additional provisions prohibit e -cigarette use in many public places, including hospitals and health care clinics, most government -operated buildings, and licensed daycare facilities. ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING AND REGULATING THE SALE OF TOBACCO, &CIGARETTES AND ELECTRONIC DELIVERY DEVICES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-6-2 of the Lakeville City Code is amended by amending and adding the following definition: 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. TOBACCO PRODUCTS: Any products 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; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products 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. The term "tobacco product" includes electronic delivery devices and e -cigarettes. arm SECTION 2. Section 3-6-3A of the Lakeville City Code is amended to provide as follows: APPLICATION: An application for a license to sell tobacco, tobacco products, or tobacco related devices including electronic delivery devices and e -cigarettes ar>; ettes shall be made on a form provided by the city. The application shall include, but is not limited to, requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, the business location for which the license is sought, and a copy of the educational materials the applicant intends to use to 178340v1 educate employees. The completed application along with the application fee shall be submitted to the city administrator or designee for approval. If the city administrator or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies. SECTION 3. Section 3-6-5 of the Lakeville City Code is amended to provide as follows: 3-6-5: PROHIBITED SALES: A. Prohibited Sales: No person shall sell, offer for sale, give away, furnish, or otherwise deliver any tobacco, tobacco product, or tobacco related device including electronic delivery devices and e -cigarettes, 1. To any person under the age of eighteen (18) years. 2. By means of any type of vending machine. 3. _By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder, their agents or employees. All tobacco products including electronic delivery devices and a -cigarettes arg ettes shall be stored behind a counter or other area not freely accessible to customers. 4. By any other means, or to any other person, prohibited by federal, state, or other local law, ordinance provision, or other regulation. SECTION 4. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of , 2014 by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk 178340v1