|
r
<br /> TOBACCO ORDINANCE
<br /> ORDINANCE NO. -SECOND SERIES
<br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HASTINGS
<br /> AMENDING CITY CODE CHAPTER 5,SECTION 5.34"TOBACCO,"RELATING TO
<br /> THE SALE;POSSESSION,AND USE OF TOBACCO,TOBACCO PRODUCTS,AND TOBACCO
<br /> RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL POSSESSION AND USE
<br /> OF SUCH ITEMS TO AND BY MINORS
<br /> Be it ordained by the City Council of the City of Hastings as follows:
<br /> Hastings City Code, Section 5.34,is hereby deleted in its entirety and is replaced with the following:
<br /> SECTION 5.34. TOBACCO.
<br /> Subd. 1. Purpose.
<br /> To further the official public policy of the State of Minnesota in regard to preventing young people from starting
<br /> to smoke as stated in Minnesota Statutes §144.391, this ordinance regulates the sale,possession, and use of
<br /> tobacco,tobacco products,and tobacco related devices for the purpose of enforcing and furthering existing laws.
<br /> Subd.2. Definitions and Interpretations.
<br /> Except as otherwise be provided or clearly implied by context,all terms shall be given their commonly accepted
<br /> definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall
<br /> include the feminine and the neuter,and vice-versa. The term"shall"means mandatory and the terms"may"
<br /> means permissive. The following terms shall have the definitions given to them:
<br /> A. Tobacco or Tobacco Products. "Tobacco"or"Tobacco Products"shall mean any substance or item
<br /> containing tobacco leaf,including but not limited to,cigarettes;cigars;pipe tobacco;snuff;fine cut or
<br /> other chewing tobacco;cheroots; stogies;perique; granulated,plug cut,crimp cut,ready-rubbed,and
<br /> other smoking tobacco; snuff flowers; cavendish; shorts;plug and twist tobaccos; dipping tobaccos;
<br /> refuse scraps,clippings,cuttings,and sweepings of tobacco;and other kinds and forms of tobacco leaf
<br /> prepared in such manner as to be suitable for chewing,sniffing,or smoking.
<br /> B. Tobacco Related Device. "Tobacco Related Device"shall mean any tobacco product as well as pipe,
<br /> rolling papers,or other device intentionally designed or intended to be used in a manner which enable
<br /> the chewing,sniffing,or smoking of tobacco or tobacco products.
<br /> C. Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco,
<br /> tobacco products,or tobacco related devices in anymanner where any person shall have access to the
<br /> tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the
<br /> licensee or the licensee's employees. The assistance or intervention shall involve the actual physical
<br /> exchange of the tobacco,tobacco products, or tobacco related device between the customer and the
<br /> licensee or employee. Self-service merchandising shall not include vending machines,nor any case or
<br /> storage unit secured and unaccessible to the general public.
<br /> D. Vending Machine. "Vending Machine"shall mean any mechanical,electrical or electronic, or other
<br /> type of device which dispenses tobacco,tobacco products,or tobacco related devices upon the insertion
<br /> of money,tokens,or other form of payment directly into the machine by the person seeking to purchase
<br /> the tobacco, tobacco products or tobacco related device and includes vending machines equipped
<br /> manual,electric or electronic locking devices.
<br /> E. Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or
<br /> tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products
<br /> shall include,but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any
<br /> 1
<br />
|