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Home My WebLink About2014-11 Amending Chapters 12, 20, and 24 ORDINANCE NO. 2014-11 AN ORDINANCE AMENDING CHAPTERS 12, 20 and 24 OF THE EDINA CITY CODE CONCERNING TOBACCO AND ELECTRONIC DELIVERY DEVICES THE CITY OF EDINA ORDAINS: Section 1. Section 12-189 of the Edina City Code is amended by adding and amending the following definitions: Sec. 12-189. Definitions. Electronic delivery device and e-cigarette mean any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Smoking lounge means a location licensed to sell tobacco products where: (a) Except for a bona fide sale of a smoking device, provided or otherwise made available for use by a customer, potential customer, or any other person a smoking device for the purpose of smoking any tobacco product; (b) It is provided in exchange for a fee or any other consideration seating within or access to the indoor area of a tobacco products shop; or (c) It is permitted within the indoor area the sampling of any tobacco product which was not furnished by the tobacco products shop on the date and at the time the sampling occurs. Tobacco-related device means any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco-related products. The term "tobacco-related device" includes electronic delivery devices. Vapor lounge means a location that sells electronic delivery devices where: (a) Except for a bona fide sale of electronic delivery devices, provided or otherwise made available for use by a customer, potential customer, or any other person a device or product for the purpose of using an electronic delivery device product; (b) It is provided in exchange for a fee or any other consideration seating within or access to the indoor area of a shop that sells electronic delivery devices; or (c) It is permitted within the indoor area of a shop that sells electronic delivery devices the sampling of any electronic delivery »7161v] Ordinance No. 2014-1 1 Page 2 device product which was not furnished by the shop on the date and time the sampling occurs Section 2. Chapter 12 of the Edina City Code is amended by adding section 12-56 to read as follows: 12-56. Smoking and Vapor Lounges Smoking lounges and vapor lounges are prohibited. Section 3. Chapter 20 of the Edina City Code is amended by adding Article X to read as follows: ARTICLE X. CLEAN INDOOR AIR ACT Division 1. Generally. 20-60. Adoption of Minnesota Clean Indoor Air Act by reference; prohibition on use of electronic delivery devices in public places. (a) The following terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent (50%) of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.0 11 gauge window screen with an 18 by 16 mesh count is not a wall. Public place means any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; retail stores and other commercial establishments; educational facilities other than public schools, as defined in section 120A.05, subdivisions 9, 11, and 13; hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings. (b) Minnesota Statutes §§ 144.411 to 144.417 are hereby adopted by reference and are made a part of this article as if set out in full. (c) The use of electronic delivery devices is prohibited in all public places. Section 4. Section 24-282 of the Edina City Code is amended to read as follows: 17716ivi Ordinance No. 2014-11 Page 3 Sec. 24-282. Tobacco and electronic delivery device use prohibited in public parks. In addition to the requirements of sections 24-254 and 24-255, the use of electronic delivery devices and tobacco in any form is prohibited in public parks, indoor or outdoor. Section S. This ordinance is effective immediately upon its passage and publication. First Reading: August 4, 2014 Second Reading: Waived Published: August 21, 2014 Attest -- -- ebra A. Mangen, Cky C r mes . Hovland, Mayor PLEASE PUBLISH IN THE EDINA SUN CURRENT, THURSDAY, AUGUST 21, 2014. 177161v1 AFFIDAVIT OF PUBLICATION City of Edina 12-56. Smoking and Vapor (Official Publication) Lounges STATE OF M I N N ESOTA ) ORDINANCE NO.2014-11 Smoking lounges and vapor ss AN ORDINANCE AMENDING lounges are prohibited. COUNTY OF HENNEPIN ) CHAPTERS 12,20 and 24 Section 3.Chapter 20 of the Edi- OF THE EDINA CITY CODE na City Code is amended by adding Charlene Vold being duly sworn on an oath, CONCERNING TOBACCO Article X to read as follows: states or affirms that they are the Authorized AND ELECTRONIC ARTICLE X.CLEAN INDOOR AIR Agent of the newspaperDELIVERY DEVICES ACTs) known as: Division 1.Generally. THE CITY OF tion 1 ORDAINS: 20-60. Adoption of Minnesota SC Edina Section 1.Section amend d the Clean Indoor Air Act by reference; Edina City Code is amended by adding and amending the following Prohibition on use of electronic de definitions: livery devices in public places. and has full knowledge of the facts stated Sec.12-189.Definitions. (a) The following terms and below: Electronic delivery device and Phrases, when used in this Article, e cigarette mean any product con- shall have the meanings ascribed to (A)The newspaper has complied with all of them in this section, except where taining or delivering nicotine, lobe- the requirements constituting qualifica- Iia,or any other substance intended the context clearly indicates adiffer- tion as a qualified newspaper as provided for human consumption that can be ent meaning: Y a person used b to simulate smok- by Minn. Stat. §331A.02, ti331A.07, and P Indoor area means all space between a Noor and a ceiling that other applicable laws as amended. ing in the delivery of nicotine or any is bounded o walls, doorways, or other substance through inhalation (B)This Public Notice was printed and pub- of vapor from the product.Electron- windows, whether open or closed, lished in said newspaper(s) for 1 succes- is delivery device includes any com- covering more than fifty percent onent art of a product, whether (50%)of the combined surface area Sive issues; the first insertion being on P P P 08/21/2014 and the last insertion beingon or not marketed or sold separately. of the vertical planes constituting Electronic delivery device does not the perimeter of the area. A wall 08/21/2014. include any product that has been includes any retractable divider,ga- approved or certified by the United rage door,or other physical barrier, States Food and Drug Administra- whether temporary or permanent.A tion for sale as a tobacco-cessation 0.011 gauge window screen with an product,as a tobacco-dependence 18 by 16 mesh count is not a wall. (✓�IMJc V Product, or for other medical pur- Public place means any en- By: poses,and is marketed and sold for closed, indoor area used b the such an approved purpose. general public, including, but not Authorized Agent PP P P limited to, restaurants; bars; any Smoking lounge means a Iota- o tion licensed to sell tobacco prod- other food or liquor establishment; Subscribed and sworn to or affirmed before ucts where: (a) Except for a bona retail stores and other commercial me on 08/21/2014. fide sale of a smoking device, pro- establishments; educational facili- vided or otherwise made available ties other than public schools, as for use by a customer, potential defined in section 120A.05,subdivi- customer, or any other person a sions 9,11,and 13;hospitals;nurs- ,(� smoking device for the purpose of ing homes; auditoriums; arenas; ow-- a�Cl.z�_ smoking any tobacco product; (b) meeting rooms;and common areas P g Notary Public It is provided in exchange for a fee of rental apartment buildings. (b) Minnesota Statutes §§ within any other consideration seating 144.411 to 144.417 are hereby ad- within or access to the indoor area opted by reference and are made a It a tobacco products shop; a ea part of this article as if set out in full. It a permitted within the indoor area (c)The use of electronic delivery the sampling of any tobacco prod- uct which was not furnished by the devices is prohibited in all public 09, vwvvvwVWW~ tobacco products shop on the date Places. ,�,tp'Cand at the time the sampling occurs. Section 4.Section 24-282 of the iui�RiE NWPF�RSON Tobacco-related device means Edina City Code is amended to read Public:�AImmota any tobacco product as well as a as follows: sion Expirn Jon 31,2018 pipe,rolling papers or other device Sec.24-282.Tobacco and elec- intentionally designed or intended tronic delivery device use prohibited to be used in a manner which en- in public parks. ables the chewing, sniffing, or In addition to the requirements smoking of tobacco or tobacco-re- of sections 24-254 and 24-255,the lated products.The term"tobacco- use of electronic delivery devices related device" includes electronic and tobacco in any form is prohib- delivery devices. ited in public parks, indoor or out- Vapor lounge means a location door. that sells electronic delivery devices Section 5. This ordinance is ef- where: fective immediately upon its pas- (a)Except for a bona fide sale of sage and publication. electronic delivery devices,provided First Reading:August 4,2014 or otherwise made available for use Second Reading:Waived by a customer, potential customer, Published:August 21,2014 or any other person a device or Attest: product for the purpose of using an Debra A.Mangen,City Clerk electronic delivery device product; James B.Hovland,Mayor (b)It is provided in exchange for a James B.Hovland,Mayor fee or any other consideration seat- 1,Ord 2014-11 8/21/14,3SC ing within or access to the indoor 4,3SC,264524 area of a shop that sells electronic Rate Information: delivery devices;or(c)It is permit- (I) Lowest classified rate paid by commercial users ted within the indoor area of a shop for comparable space: that sells electronic delivery devices $34.45 per column inch the sampling of any electronic de- livery device product which was not furnished by the shop on the date and time the sampling occurs Section 2.Chapter 12 of the Edi- na City Code is amended by adding Ad I D 264524 section 12-56 to read as follows: