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City of Gem Lake, Ramsey County, Minnesota <br />Tobacco and Nicotine Regulation <br />Ordinance No. 68 <br /> <br />AN ORDINANCE REGULATING THE SALE, DISTRIBUTION, POSSESSION, AND USE OF <br />TOBACCO; TOBACCO-RELATED AND ELECTRONIC DELIVERY DEVICES; AND NICOTINE AND <br />LIOBELIA PRODUCTS IN THE CITY OF GEM LAKE AND TO PROVIDE PENALTIES FOR <br />VIOLATIONS AND TO REDUCE THE ILLEGAL SALE, DISTRIBUTION, POSSESSION, AND USE OF <br />SUCH ITEMS TO AND BY PERSONS UNDER THE AGE OF 21 YEARS. <br /> <br />The City Council of the City of Gem Lake hereby ordains: <br /> <br />Section 1. <br />1. Authority. This Ordinance is adopted pursuant to authority granted in the United States FDA Tobacco <br />Regulations of 1996 and Minnesota Statutes along with amendments which, from time to time, may be <br />made thereto. <br />2. Purpose and Intent. <br />1. Purpose. The purpose of this Ordinance is to recognize that the sale, distribution, possession, <br />and use of tobacco; tobacco-related and electronic delivery devices; and nicotine and lobelia <br />products to persons under the age of twenty-one (21) years is in violation of the laws of the <br />State of Minnesota and the United States, and to protect and promote the health, safety, and <br />general welfare of the both the general public and minors by recognizing that smoking has <br />been shown to be the cause of several serious health problems which subsequently place a <br />financial burden on all levels of government. <br />2. Intent. The intent of this Ordinance is to accomplish the purpose through regulation of the <br />sale, distribution, possession, and use tobacco; tobacco-related and electronic delivery <br />devices; and nicotine and lobelia products thus enforcing and furthering existing laws <br />including, but not limited to, Minn Stat. § 461. <br />3. Title. This Ordinance shall be known as the "Tobacco and Nicotine Regulation Ordinance” of the City <br />of Gem Lake. <br />Section 2. <br /> <br />1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to <br />be minimum requirements and shall not be construed so as to fully effect its purpose and shall not be <br />deemed a limitation or repeal of any other power established by law or Ordinance except as <br />specifically provided herein. In the event that conflicting requirements are imposed by this Ordinance <br />or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. <br />2. Construction of Wording. Words used in the present tense include the past and future tense; the <br />singular includes the plural, and the plural includes the singular; the word "shall" is mandatory and the <br />word "may" is permissive; the masculine gender includes the feminine. <br />3. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be <br />given their commonly accepted definitions. The following terms shall have definitions given to them: <br />1. Administrator. The City Clerk, or that Person designated by the City Council to act on their <br />behalf, shall administer this Ordinance. <br />2. Applicant. A Person who submits an application to the City for a license to sell licensed <br />products.