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RSUSEN+h+E REQUEST FOR COUNCIL ACTION Date: 10/21/13 Item No. 9.c Department Approval City Manager Approval s Item Description: Consider Ordinance Amending City Code Chapter 306: Cigarette and Tobacco Products 1 BACKGROUND 2 At the October 14, 2013 City Council meeting, the Council held a brief discussion on whether to amend 3 City Code Chapter 306 to incorporate evolving forms of electronic cigarettes or 'e-cigarettes'. 4 5 As noted in the previous Staff Report, the City Code was amended in February of 2012 to include e- 5 cigarettes in the City's regulatory function. At the time, the City relied on the fact that e- cigarettes were 7 an alternative nicotine - delivery device. The presence of nicotine made it subject to the same laws and 8 regulations that governed regular cigarettes and other tobacco products. 9 lo However, in some cases newer e- cigarettes feature non - nicotine substances and flavorings which may 11 not necessarily fall within the current Code definitions. This is problematic from a regulatory standpoint 12 because a casual observer would be unable to detect which e- cigarettes contain nicotine and which do 13 not. 14 15 At the October 14th meeting, the Council asked Staff to provide information regarding the e- cigarette 16 regulatory efforts of other cities and to develop a proposed ordinance that would incorporate all e- 17 cigarette types into City Code. The Council was also interested in further discussion on whether the use 18 of e- cigarettes should be restricted in public places. 19 20 Regulatory Efforts by other Cities 21 A number of governmental agencies throughout the State have already weighed in on whether to 22 regulate the sale or use of e- cigarettes. The following is a sample of those efforts. 23 24 ❖ The City of Duluth banned their indoor use in all public places. 25 ❖ The City of North Mankato banned any indoor sampling for a period of 1 year to allow for 26 further study. 27 ❖ The City of Mankato banned their indoor use (sampling) in tobacco stores, but chose to delay any 28 action that would ban them in all public places. 29 ❖ Hennepin County banned their use on all County property 30 ❖ Metro Transit banned their use on all public transportation 31 ❖ The cities of St. Paul, Minneapolis, Shoreview, Little Canada, and Falcon Heights are actively 32 reviewing the issue but have not taken any formal position on regulating e- cigarettes beyond 33 current State Law. Page 1 of 2