CITY OF BLAINE
Anoka County, Minnesota
Ordinance: ORD 13 2273
AN ORDINANCE AMENDING CHAPTER 42, HEALTH AND SANITATION, ARTICLE II,
TOBACCO, DIVISION 1, GENERALLY, SEC. 42-32, DEFINITIONS AND INTERPRETATIONS, OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Sec. 42 32. Definitions and interpretations.
Except as may otherwise be provided or clearly implied by con- text, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice versa. The term shall means mandatory and the term may means permissive. The following terms shall have the definitions given to them:
Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, 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, tobacco products, and tobacco related devices.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this article shall not be considered individually packaged.
Loosies means the common term used to refer to a single or individually packaged cigarette.
Minor means any natural person who has not yet reached the age of 18 years.
Moveable 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 store front or other permanent type of structure authorized for sales transactions.
Retail establishment means any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.
Sale means any transfer of goods for money, trade, barter, or other consideration.
Self service merchandising means open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensees employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee.
Self service merchandising shall not include vending machines.
Tobacco and tobacco related products means cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; C[c]avendish; plug and twist tobacco; fine cut and other chewing tobacco[s]; 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 other tobacco related devices, and 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.
Tobacco related devices means cigarette papers [or], pipes or other devices which are or could be used for smoking or inhaling tobacco or tobacco related products.
Vending machines means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco 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 product, or tobacco related device.
INTRODUCED AND READ in full the 17th day of October 2013.
PASSED by the City Council of the City of Blaine this 7th day of November 2013.
Signed by: Tom Ryan, Mayor
Attest by: Jane M. Cross,
CMC, City Clerk
Published in the
Blaine/Spring Lake Park Life
November 15, 2013
CITY OF BLAINE