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HomeMy WebLinkAbout0925ORDINANCE NO. 925 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. 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 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 1783400 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 e -cigarettes 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 6th day of October, 2014 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVI LE BY: Matt Little, Mayor Ar 7 Charlene Friedges, City erk 178340v1 AFFIDAVIT OF PUBL'ICATI'ON STATE OF MINNESOTA COUNTY OF DAKOTA ) ss Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: STW Lakeville and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 10/10/2014 and the last insertion being on 10/10/2014. By: Authorized Agent Subscribed and sworn to or affirmed before me on 10/10/2014. Notary Public lrvvv vvvvvvvvvvvvv vvvvvvvVWWkE DARLENE MARIE MACPHERSON 1 Notary Public -Minnesota My Commission Expires Jan 31, 2019 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 293322 CITY OF LAKEVILLE ORDINANCE NO. 925 DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING AND REGULATING THE SALE OF TOBACCO, E -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 fol- lowing definition: ELECTRONIC DELIVERY DE- VICE and E -CIGARETTE mean any product containing or deliver- ing 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 com- ponent 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 Administra- tion for sale as a tobacco -cessation product, as a tobacco -dependence product, or for other medical pur- poses, and is marketed and sold for such an approved purpose. TOBACCO PRODUCTS: Any products containing, made, or de- rived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dis- solved, 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, ci- gars; 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 to- bacco; shorts; refuse scraps, clip- pings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such man- ner 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 ap- proved 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. 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, to- bacco products, or tobacco related devices including electronic deliv- ery devices and e -cigarettes 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 ap- plicant'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 edu- cate employees. The completed application along with the applica- tion fee shall be submitted to the city administrator or designee for approval. If the city administrator or designee determines that an appli- cation is incomplete, he or she shall retum the application to the appli- cant 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 per- son shall sell, offer for sale, give away, fumish, 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 vend- ing machine. 3. By means of self-service mer- chandising 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 e - cigarettes shall be stored behind a counter or other area not freely ac- cessible 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 6th day of October, 2014 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: Matt Little, Mayor Charlene Friedges, City Clerk Published in Lakeville October 10, 2014 293322