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33 "Cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready 34 rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist 35 tobacco; fine -cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings 36 and sweepings of tobacco, and other kinds and forms of tobacco." 37 38 The definition is now expanded to also include: 39 40 "Any products containing, made, or derived from tobacco that is intended for human 41 consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, 42 or ingested by any other means, or any component, part, or accessory of a tobacco 43 product. " 44 45 This revised definition includes new products on the market, such as tobacco -laced mints 46 and "e- cigarettes. " The e- cigarettes are typically a plastic container (that looks like a 47 cigarette and may even have a red - lighted end) that delivers nicotine through a mist. The e- 48 cigarettes are smokeless, but are still a nicotine - delivery device. 49 50 Tobacco Shop Considerations 51 ... Currently, the City Code is largely absent when it comes to regulating "tobacco shops 52 deferring again to State Statute for guidance. State Statute 144.4167, subd 4 defines 53 "tobacco shops" (in a particular context) as: 54 55 Subd. 4. Tobacco products shop. 56 Sections 144.414 to 144.417 do not prohibit the lighting of tobacco in a 57 tobacco products shop by a customer or potential customer for the specific purpose 58 of sampling tobacco products (emphasis added). For the purposes of this 59 subdivision, a tobacco products shop is a retail establishment with an entrance 60 door opening directly to the outside that derives more than 90 percent of its gross 61 revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, 62 pipes, and other smoking devices for burning tobacco and related smoking 63 accessories and in which the sale of other products is merely incidental. "Tobacco 64 products shop" does not include a tobacco department or section of any individual 65 business establishment with any type of liquor, food, or restaurant license. 66 67 This definition stems from the Minnesota Clean Indoor Act of 1975 and the Freedom to 68 Breathe Act of 2007 which regulated where smoking could occur indoors. While the 69 definition of a tobacco shop is defined, the term "sampling" is not. This is important 70 distinction because a new type of tobacco establishment has been emerging in the Twin 71 Cities area that is significantly different than what we might think of as `traditional' tobacco 72 shops. They are known as "hookah lounges ", "hookah bars ", or "hookah cafes' . 73 74 For purposes of this discussion, a 'traditional' tobacco shop can be categorized as a place 75 where people can sample tobacco products for a brief period of time before deciding 76 whether to make a puNChase. One might suggest that the sample would be represented by a 77 very small portion of a cigar or pouch of pipe tobacco for example. It would therefore be 78 reasonable for a prospective buyer to spend a minute or two to sample the product before 79 making the purchase for consumption away fNOm the premises. so 81 Page 2 of 7