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Department Approval <br />e,4 7"e. /nA <br />qASPAL+E <br />REQUEST FOR COUNCIL ACTION <br />Date: 02/13/12 <br />Item No.: 9. a <br />City Manager Approval <br />Item Description: Adopt an Ordinance Amending City Code Chapter 3 06 : Cigarette and Tobacco <br />Products <br />1 BACKGROUND <br />2 At the January 23, 2012 City Council meeting, the Council discussed whether to amend City Code Chapter <br />3 306 which regulates the sale of tobacco. The Council concluded that the Code should be amended to <br />4 accommodate additional types of tobacco products and devices that have recently become available to <br />5 consumers. They include (but are not limited to); tobacco -laced mints and "e- cigarettes." E- cigarettes are <br />6 typically a plastic container (that looks like a cigarette and may even have a red - lighted end) that delivers <br />7 nicotine through a mist. The e- cigarettes are smokeless, but are still a nicotine - delivery device. <br />s <br />9 The Council also concluded that the Code should be amended to prohibit smoking indoors under all <br />lo circumstances including tobacco shops that are partially exempt under the State's Minnesota Clean Indoor <br />11 Act of 1975 and the Freedom to Breathe Act of 2007. Under State Statute, tobacco shops are allowed to <br />12 permit patrons to smoke for purposes of "sampling ". However, Municipalities have the authority to enact <br />13 stricter regulations. <br />14 <br />15 In making the decision to ban all indoor smoking, the Council noted that the emergence of hookah lounges <br />16 or hookah bars and the activities that take place in those establishments presented a number of health <br />17 concerns for patrons and employees. The Council also noted that these activities go beyond the concept of <br />18 "sampling" allowed under State Statute. <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />During the discussion, it was mentioned that there are no known existing establishments that would be <br />impacted by the proposed changes. <br />For background purposes, <br />the following excerpt from the January 23, 20112 Staff Report is presented. <br />26 <br />27 Tobacco Products and Devices Definition Revision <br />28 In 2010, the State Legislature passed the Tobacco Modernization and Compliance Act. The <br />29 primary feature of the Act was to expand the definition of what is regulated as tobacco in the <br />so State of Minnesota. The Act is formally defined in Minnesota Statutes, Section 279F.01, <br />31 subd. 19, as: <br />32 <br />Page 1 of 7 <br />