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Regular City Council Meeting Monday,October 14,2013 Page 27 Councilmember Laliberte expressed her interest in updating the definition; how- ever, she was not in favor of having vaping/sampling lounges; and was not sure about extending it to other facilities (e.g. restaurant and e-cigarette and white va- por) if someone is 18 years old and is legal to sell and buy these items, she opined that she wasn't sure she was ready to legislate people's behavior by their own choosing. City Attorney Gaughan addressed how difficult this issue is, and for the City Council to keep in mind, that their authority to enact this comes from the Minne- sota Indoor Air Quality Act, with the City allowed to be even more stringent about second hand smoke. City Attorney Gaughan advised that the questions in- clude: • What is second hand smoke? • What product(s) constitute smoking even if containing nicotine, even if they're not lit? City Attorney Gaughan noted that his point was that there is going to be a lot of uncertainty in what a city can or cannot do regarding these regulations. In just considering the definition itself and the proposed amendment, Mr. Gaughan questioned if it included or banned any device or substance, and whether this included or excluded nebulizers; or if it just applied to water vapor without any other chemicals. Mr. Gaughan noted that it was getting into an area of prod- ucts that were unknown and which area of the Minnesota Clean Air Act frame- work could the City impose. Mr. Gaughan noted that several cities had enacted amendments to their ordinances regarding e-cigarettes and those not containing nicotine; but it was important for the City to keep in mind the uncertainty of whether or not those ordinances will be effective or be held up in a court of law. Mayor Roe questioned if the City of Roseville wanted to be one of those test cas- es or not. Mayor Roe questioned if there was any problem in the definition as proposed or in adding a use component, except for items used for medical rea- sons, or whether the City should get into it or not. City Attorney Gaughan advised that he didn't know what to suggest for appropri- ate language at this time. Mayor Roe stated that he was fine with the proposed language as recommended. Ms. Anderson advised that their organization had information about exemptions for FDA-approved inhalers for tobacco cessation and nebulizers if requested. Mayor Roe asked that she provide that information to staff for the next City Council meeting when the definition was under consideration.