ITEM: 12.12 ADMINISTRATION- Jane M. Cross, City Clerk
SECOND READING
Title
AN ORDINANCE AMENDING CHAPTER 42, HEALTH AND SANITATION, ARTICLE II, TOBACCO, DIVISION 1, GENERALLY, SEC. 42-32, DEFINITIONS AND INTERPRETATIONS, OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
Background
In August staff provided Council with information on electronic cigarettes, also known as e-cigs, and the required licensing process that cities must follow to regulate e-cigs based on the Tobacco Modernization and Compliance Act of 2010.
The Tobacco Modernization and Compliance Act of 2010 expanded the definition of what is regulated as tobacco. Because of the expanded definition, cities may now regulate these new forms of tobacco the same way they have always been able to regulate traditional cigarettes, cigars, snuff and chew.
Cities with ordinances regulating tobacco need to update their ordinance terms and definitions to mirror the new law's definition. Because the city of Blaine currently regulates tobacco sales, we are required to regulate e-cigs.
To ensure our ordinance defines these new products, it is necessary to update the definitions in our current tobacco ordinance to encompass the new products that are on the market.
First reading of Ordinance No. 13-2273 took place at the October 17, 2013 City Council meeting and was filed for the November 7, 2013 City Council meeting.
Recommendation
By motion, adopt Ordinance No. 13-2273, amending Chapter 42 Health and Sanitation, Article II, Tobacco, Division 1, Generally, Sec. 42-32, Definitions and Interpretations.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Sec. 42-32. Definitions and interpretations.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them:
Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco-related devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco-related devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, and tobacco-related devices.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this article shall not be considered individually packaged.
Loosies means the common term used to refer to a single or individually packaged cigarette.
Minor means any natural person who has not yet reached the age of 18 years.
Moveable place of business means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
Retail establishment means any place of business where tobacco, tobacco products, or tobacco-related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.
Sale means any transfer of goods for money, trade, barter, or other consideration.
Self-service merchandising means open displays of tobacco, tobacco products, or tobacco-related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco-related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco-related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines.
Tobacco and tobacco related products means cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; C[c]avendish; plug and twist tobacco; fine cut and other chewing tobacco[s]; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices, and any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product.
Tobacco-related devices means cigarette papers [or], pipes or other devices which are or could be used for smoking or inhaling tobacco or tobacco related products.
Vending machines means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco-related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco-related device.
INTRODUCED AND READ in full the 17th day of October 2013.
PASSED by the City Council of the City of Blaine this 7th day of November 2013.