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qASPAL+E REQUEST FOR COUNCIL ACTION Date: 01/23/12 Item No.: 13 . a Department Approval City Manager Approval e,4 7"e. Item Description: Consider Amending City Code Chapter 306: Cigarette and Tobacco Licenses, to Accommodate Additional Types of Tobacco Products, Devices, and Tobacco Shops 1 BACKGROUND 2 The City Council is asked to consider amending City Code Chapter 3 06 : Cigarette and Tobacco Licenses, to 3 accommodate additional types of tobacco products and devices that are now available to consumers. In 4 addition, the Council is also asked to consider changes pertaining to the regulation of `Tobacco Shops'. 5 6 Tobacco Products and Devices Definition Revision 7 In 2010, the State Legislature passed the Tobacco Modernization and Compliance Act. The primary feature s of the Act was to expand the definition of what is regulated as tobacco in the State of Minnesota. The Act is 9 formally defined in Minnesota Statutes, Section 279F.01, subd. 19, as: 10 11 " "Cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, 12 and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine -cut and 13 other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and 14 other kinds and forms of tobacco." 15 16 The definition is now expanded to also include: 17 18 " "Any products containing, made, or derived from tobacco that is intended for human 19 consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or 20 ingested by any other means, or any component, part, or accessory of a tobacco product." 21 22 This revised definition includes new products on the market, such as tobacco -laced mints and "e- cigarettes." 23 The e- cigarettes are typically a plastic container (that looks like a cigarette and may even have a red - lighted 24 end) that delivers nicotine through a mist. The e- cigarettes are smokeless, but are still a nicotine - delivery 25 device. Further description of these newer products is included in Attachment B. 26 27 Up until this point, the City has relied upon the expanded definition contained in State Statute to regulate 28 these new tobacco products. It is suggested that the City either revise City Code 306.01 to meet the new 29 State definition, or simply reference the State Statute to account for current and future forms of tobacco or 30 tobacco devices that are regulated at the State level. 31 32 Page 1 of 5