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DRAFT Regular City Council Meeting Monday, October 21,2013 Page 12 Councilmember Etten noted the need to focus on how to address the Chiefs con- cerns in regulating and enforcing nicotine and non-nicotine products based on their definition. At the request of Mayor Roe as to whether State law already regulates sale of e- cigarettes to minors, City Attorney Gaughan advised that he could not respond, but suggested that Ramsey County may have more information on that. Councilmember Laliberte stated that she would be voting in opposition to the mo- tion, for reasons previously stated, opining that there were clearly more questions yet to be vetted before taking this action. Mayor Roe concurred that there wasn't a lot of regulatory information available, with the FDA still conducting their study and their conclusions eventually dictat- ing how the State and local government moved forward. However, Mayor Roe opined that he found this proposed amendment to be a relatively simple change, and while recognizing that business owners may disagree, it provided the City to continue compliance checks and enforce sales within the community. Mayor Roe further opined that the consternation seemed to be with sampling and by defini- tion without exception elsewhere in ordinance, all provisions in Chapter 306 would apply to this product as well. Mayor Roe stated that he was supportive of making that amendment at this time, with the understanding that further amend- ments may be indicated in the future; but opined that he didn't think it was appro- priate to wait for that. Mayor Roe referenced concerns brought up during public comment at last week's meeting, until a determination was made that non-nicotine vapors or product use were not dangerous, until that FDA conclusion was available, the City needed to take this action. Mayor Roe noted that there may be some products that would be imported from overseas that were not FDA regulated, and with that and other un- known factors, it also caused him to err on the side of caution and provide the Po- lice Department with the ability to not have to distinguish between one or the oth- er. At the request of Councilmember Laliberte, Mayor Roe clarified and confirmed that this amendment would apply only to sales, and provide a mechanism for en- forcement, with current State law provisions allowing for the potential pathway for smoking for kids; making regulating this through the City's licensing scheme of vital importance to him. Councilmember Willmus concurred with Mayor Roe's comments; however, he noted that he also struggled with the discussion and guidance of the City Attorney in how to defend this amendment. While wanting to err on the side of caution as well, Councilmember Willmus noted his hesitation until there was firm guidance from the FDA.