Attachment B
<br />99
<br />100 AGE-RESTRICTED TOBACCO RETAILER: An Retail Eestablishment licensed under this
<br />101 Chapter which:
<br />102 A. Prohibits persons under 21 years of age from entering the establishment at all times;
<br />103 B. Posts conspicuous written notice advising of the prohibition such age restriction at all
<br />104 entrances to the establishment; and
<br />105 C.Derives at least 90 percent of its revenues from the sale of Licensed Products.
<br />106
<br />107
<br />108 CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in
<br />109 Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015,
<br />110 and was tested in accordance with the method described in Code of Federal Regulations,
<br />111 title 16, section 1700.20, as in effect on January 1, 2015.
<br />112
<br />113 CIGAR: Any roll of tobacco that is wrapped in tobacco leaf or in any other substance
<br />114 containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as
<br />115 defined in Minn. Stat. § 297F.01, subd. 3, as it may be amended from time to time.
<br />116
<br />117 COMPLIANCE CHECKS: The system the city uses to investigate and ensure that those
<br />118 authorized to sell tobacco Licensed Products are following and complying with the
<br />119 requirements of this ordinance. Compliance checks involve the use of persons under the
<br />120 age of 21 who purchase or attempt to purchase Licensed Products. Compliance checks
<br />121 may also be conducted by the city or other units of government for educational, research
<br />122 and training purposes or for investigating or enforcing federal, state or local laws and
<br />123 regulations relating to Licensed Products. (Ord. 1555, 6-18-2018)
<br />124
<br />125 ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine,
<br />126 lobelia, or any other substance, whether natural or synthetic, intended for human consumption
<br />127 through the inhalation of aerosol or vapor from the product. Electronic delivery device
<br />128 includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-
<br />129 cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or
<br />130 descriptor. Electronic delivery device includes any component part of a product, whether or
<br />131 not marketed or sold separately. Electronic delivery device does not include any nicotine
<br />132 cessation product that has been authorized by the U.S. Food and Drug Administration to be
<br />133 marketed and for sale as Ðdrugs,Ñ Ðdevices,Ñ or Ðcombination products,Ñ as defined in the
<br />134 Federal Food, Drug, and Cosmetic Act.
<br />135 FLAVORED PRODUCT.Any Licensed Product that contains a taste or smell, other than the
<br />136 taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or
<br />137 during the consumption of the product, including, but not limited to, any taste or smell
<br />138 relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy,
<br />139 dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or
<br />140 implied, made or disseminated by the manufacturer of a Licensed Product, or by any person
<br />141 authorized or permitted by the manufacturer to make or disseminate public statements
<br />142 concerning such products, that a product has or produces a taste or smell other than a taste or
<br />143 smell of tobacco will constitute presumptive evidence that the product is a flavored product.
<br />144 ELECTRONIC DELIVERY DEVICE: Any device that can be used to deliver aerosolized or
<br />145 vaporized nicotine or any other substance to the person inhaling from the device, including,
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