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City of Gem Lake, Ramsey County, Minnesota Tobacco and Nicotine Regulation Ordinance No. 68 AN ORDINANCE REGULATING THE SALE, DISTRIBUTION, POSSESSION, AND USE OF TOBACCO; TOBACCO-RELATED AND ELECTRONIC DELIVERY DEVICES; AND NICOTINE AND LIOBELIA PRODUCTS TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES IN THE CITY OF GEM LAKE AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO REDUCE THE ILLEGAL SALE, DISTRIBUTION, POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORSPERSONS UNDER THE AGE OF 21 YEARS. The City Council of the City of Gem Lake hereby ordains: Section 1. 1. Authority. This Ordinance is adopted pursuant to authority granted in the United States FDA Tobacco Regulations of 1996 and Minnesota Statutes along with amendments which, from time to time, may be made thereto. 2. Purpose and Intent. 1. Purpose. The purpose of this Ordinance is to recognize that the sale, distribution, possession, and use of tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products tobacco, tobacco products, and tobacco related devices to Minors persons under the age of eighteen twenty-one (1821) years is in violation of the laws of the State of Minnesota and the United States, and to protect and promote the health, safety, and general welfare of the both the general public and minorsminors by recognizing that smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government. 2. Intent. The intent of this Ordinance is to accomplish the purpose through regulation of the sale, distribution, possession, and use tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia products of tobacco, tobacco products, and tobacco related devices thus enforcing and furthering existing laws including, but not limited to, Minn Stat. § 144.391461. 3. Title. This Ordinance shall be known as the "Tobacco and Nicotine Regulation Ordinance” of the City of Gem Lake. Section 2. 1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum requirements and shall not be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any other power established by law or Ordinance except as specifically provided herein. In the event that conflicting requirements are imposed by this Ordinance or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 2. Construction of Wording. Words used in the present tense include the past and future tense; the singular includes the plural, and the plural includes the singular; the word "shall" is mandatory and the word "may" is permissive; the masculine gender includes the feminine. 3. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following terms shall have definitions given to them: 1. Administrator. The City Clerk, or that Person designated by the City Clerk Council to act on his their behalf, shall administer this Ordinance. Commented [CS1]: Sources: chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://public healthlawcenter.org/sites/default/files/resources/MDH-City- Retail-Ordinance-2020.pdf Commented [CS2R1]: https://www.revisor.mn.gov/statute s/cite/461.12 Commented [CS3R1]: https://www.ecfr.gov/current/title- 21/chapter-I/subchapter-K/part-1140#p-1140.16(d)