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HomeMy WebLinkAbout121-03 - Tobacco Ordinance Page 1 of 12 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 121-03 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY CODE BY REPLACING SECTION 308 RELATING TO TOBACCO, TOBACCO-RELATED PRODUCTS, ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA PRODUCTS AND ADOPTING BY REFERENCE CITY CODE SECTION 104 RELATING TO GENERAL PENALTY WHEREAS, at its November 16, 2020 meeting, the City Council was presented with an application for a tobacco license pursuant to City Code Section 308 for Prior Lake Tobacco and Vape Inc. to open a tobacco and vape shop within the City; WHEREAS, at the public forum section of the meeting on November 16, 2020, the Council heard from several members of the community including a Scott County Judge assigned to drug court and a Scott County Public Health worker both opposing the issuance of the license and recommending that the City consider a ban on flavored vaping due to the negative effect of vaping on the youth of the City and County; WHEREAS, at its December 7, 2020 meeting, the City Council approved the requested license as it complied with the City’s existing tobacco licensing regulations; WHEREAS, also at its December 7, 2020 meeting, the City Council adopted a moratorium on new businesses selling flavored vaping materials and directed staff to study the matter and propose recommended amendments to the Council related to flavored vaping; WHEREAS, at its workshop on January 4, 2021, the City Council considered additional information related to flavored vaping and reviewed proposed language from staff which would ban the sale of flavored vaping materials in the City of Prior Lake. The Council directed that staff consult with the Mitchell Hamline Public Health Law Center and other resources to update the recommended language. The Council also directed staff to notice a public hearing to be held on February 16, 2021 to receive feedback from the residents and tobacco license holders in the City relating to a potential ban on the sale of flavored vaping materials; WHEREAS, the City Council held a public hearing on February 16, 2021. Notice of the hearing was provided to all existing tobacco license holders as well as being published for notice to the public. The City Council received extensive testimony and evidence at the public hearing both for and against a ban on the sale of flavored vaping materials within the City; WHEREAS, the Council considered the testimony and evidence received at the public hearing and the balance of interests involved such as the impact of a ban on existing tobacco license holders versus the public heath dangers of flavored vaping on the City’s youth. WHEREAS, based upon the full record of the public hearing, the City Council hereby determines that it is appropriate to ban the sale of flavored vaping materials within the City. THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE AND THE FULL RECORD FROM THE PUBLIC HEARING, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 3 is amended by deleting Section 308 in its entirety and replacing it with the following: SECTION 308 TOBACCO, TOBACCO-RELATED DEVICES, ELECTRONIC DELIVERY DEVICES, AND NICOTINE AND LOBELIA PRODUCTS 308.100: FINDINGS OF FACT AND PURPOSE: 308.101 Findings and Purpose. Because the City recognizes that the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 21 violates both state and federal law; and because studies, which the City accepts and adopts, have shown that high school use of any commercial tobacco product has increased to 27.6% in Minnesota; and because nearly 90% of people who smoke begin smoking before they have reached the age of 18 years, and that almost no one starts smoking after age 25; and because marke ting analysis, public health research, and commercial tobacco industry documents reveal that tobacco companies have used mint, fruit, candy, and alcohol flavors , especially with electronic delivery devices, as a way to target youth and young adults and tha t the presence of such flavors can make it more difficult to quit; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial burden on all levels of government, this Section is intended to regulate the sale of commercial tobacco, tobacco -related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to furt her the official public policy of the state to prevent young people from starting to smoke, as stated in Minn. Stat. § 144.391. 308.102 Basis for Findings. In making these findings, the City Council accepts the conclusions and recommendations of: the U.S. Surgeon General reports, E- cigarette Use Among Youth and Young Adults (2016), The Health Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use Among Youth and Young Adults (2012); the Centers for Disease Control and Prevention in their studies, Tobacco Use Among Middle and High School Students — United States, 2011– 2015(2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997(1998); and of the following scholars in these scientific journals: Chen, J., & Millar, W. J. (1998). Age of smoking initiation: implications for quitting. Health Reports, 9(4), 39-46; D’Avanzo, B., La Vecchia, C., & Negri, E. (1994). Age at starting smoking and number of cigarettes smoked. Anna ls of Epidemiology, 4(6), 455–459; Everett, S. A., Warren, C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett, L. S. (1999). Initiation of cigarette smoking and subsequent smoking behavior among U.S. high school students. Preventive Medicine, 29(5), 327 –333; Giovino, G. A. (2002). Epidemiology of tobacco use in the United States. Oncogene, 21(48), 7326–7340; Khuder, S. A., Dayal, H. H., & Mutgi, A. B. (1999). Age at smoking onset and its effect on smoking cessation. Addictive Behaviors, 24(5), 673–677; Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack - Crane, A., Henriksen, L. (2017). Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. American Journal of Public Health, 107(5), 740–746; Minnesota Department of Health. (2020). Data Highlights from the 2019 Minnesota Youth Tobacco Survey. Saint Paul, MN; Tobacco Control Legal Consortium. (2006). The Verdict Is In: Findings from United States v. Philip Morris, The Hazards of Smoking. University of Califor nia San Francisco. Truth Tobacco Industry Documents, https://www.industrydocumentslibrary.ucsf.edu/tobacco; Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T. F. (2015) Annual healthcare spending attributable to cigarette smoking: an update. American Journal of Preventive Medicine, 48(3), 326–333, copies of which are adopted by reference. 308.200: PROVISIONS OF STATE LAW ADOPTED: The provisions of Minnesota Statutes, Chapter 461, relating to the sales of tobacco, tobacco-related and electronic delivery devices; and nicotine and lobelia products are adopted and made a part of this Section as if fully set forth. The provisions of Minn. Stat. Chap. 461 shall govern except where the provisions of this Section are more restrictive. 308.300: DEFINITIONS: Except as may otherwise be provided or clearly implied by context, all terms are given their commonly accepted definitions. For the purpose of this Section, the following definitions apply, whether the terms are capitalized or not, unless the context clearly indicates or requires a different meaning: Compliance checks. The system the City uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this Section. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase licensed products. Compliance checks may also be conducted by the City or other units of government for educational, research, and training purposes or for investiga ting or enforcing federal, state, or local laws and regulations relating to licensed products. Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vapes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately, including but not limited to any cartridges, pods, tanks, mods, juices, liquids, gels, or any other similar substance or product. Electronic delivery device does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. Flavored product. Any licensed product that contains a taste or smell, other than the taste or smell of tobacco or menthol, that is distinguishable by an ordinary consumer either prior to or during the consumptio n of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. Licensed products. The term that collectively refers to any tobacco, tobacco - related device, electronic delivery device, or nicotine or lobelia delivery p roduct. Moveable place of business. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over- the-counter sales transactions. Nicotine or lobelia delivery product. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in t his section. Nicotine or lobelia delivery product does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. Retail Establishment. Any place of business where licensed products are available for sale to the general public. R etail establishment includes but is not limited to grocery stores, tobacco products shops, conven ience stores, liquor stores, gasoline service stations, bars, and restaurants. Sale or Sell. Any transfer of goods for money, trade, barter or other consideration. Sale and sell include but are not limited to any keeping or offering for sale, furnishing or dispensing. Self-service display. The open display of licensed products in a retail establishment in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee and where a physical exchange of the licensed product from the licensee or the licensee’s employee to the customer is not required in order to access the licensed products. Tobacco. Any product 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 including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. Tobacco-related device. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. Tobacco- related device includes components of tobacco-related devices or tobacco products, which may be marketed or sold separately. Tobacco-related devices may or may not contain tobacco. Vending machine. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or othe r form of payment into or onto the device by the person seeking to purchase the licensed product. 308.400: LICENSE: 308.401 License required. No person shall sell or offer to sell any licensed product in the City without first having obtained a license to do so from the City pursuant to this Section. 308.402 Application. An application for a license to sell licensed products must be made on a form provided by the City. The application must contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, the educational materials the applicant intends to use to educate employees and any additional information the City deems necessary. Upon receipt of a completed application and license fee, the City Clerk will forward the application to the City Council for action. If the City Clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information nece ssary to make the application complete. 308.403 Background Check. In order to protect the health, safety and welfare of the public, the Prior Lake Police Department is authorized to conduct a criminal history background investigation and/or driver’s lice nse check on all persons who have applied for, or who will sell a licensed product. The results of the criminal history background investigation and/or driver’s license check may be cause for denial of the license at the sole discretion of the City Council. 308.404 Action. The City Council may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If the City Council approves the application, the City Clerk will issue the license to the applicant. If the City Council denies the application, notice of the denial will be given to the applicant along with notice of the applicant’s right to appeal the decision. 308.405 Term. All licenses issued are valid for one calendar year from January 1 to December 31. 308.406 Denial. Any application may be denied pursuant to the grounds set forth below. 308.407 Revocation or suspension. Any license issued may be suspended or revoked following the procedures set forth below. 308.408 Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person i s prohibited without prior written approval of the City Council. 308.409 Display. All licenses must be posted and displayed at all times in plain view of the general public in the retail establishment and shall be exhibited to any person upon request. 308.410 Renewals. The renewal of a license issued under this Section will be handled in the same manner as the original application on a form provided by the City and accompanied by the license fee. The request for a renewal must be made at least 45 days, but no more than 60 days, before the expiration of the current license. A late fee of $50.00 will be imposed on any person who fails to submit a timely renewal application. 308.411 Issuance as privilege and not a right . The issuance of a license is a privilege and does not entitle the licensee to an automatic renewal of the license. 308.412 Instructional program . Licensees must complete and ensure that all employees complete a training program on the legal requirements related to the sale of licensed products and the possible consequences of license violations. No person shall be issued a license or renewal license to sell licensed products without a City approved instructional program and a signed statement attesting that each existing employee of the retail establishment has received the required training. Licensees must maintain documentation demonstrating their compliance and must provide this documentation to the City at the time of renewal, and whenever requested to do so during the license term. 308.413 Minimum clerk age. Individuals employed by a licensed retail establishment under this Section must be at least 18 years of age to sell licensed products. 308.500: FEES: No license will be issued or renewed under this Section until the appropriate license fees are paid in full. The fees will be established by the City’s fee schedule. License fees are not pro-rated. 308.600: GROUNDS FOR DENIAL OF LICENSE: 308.601 Grounds for denying the issuance or renewal of a license include, but are not limited to, the following: (1) The applicant is under 21 years of age. (2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. (3) The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any of the information required on the licensing application or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. (6) The applicant has outstanding fines, penalties or property taxes owed to the City. (7) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments are eligible to be licensed. 308.602 If a license is mistakenly issued or renewed, the City Clerk shall revoke the license upon the discovery that the person and/or retail establishment was ineligible for the license under this Section. The City will provide the licensee with notice of the revocation, along with information on the right to appeal. 308.700: PROHIBITED SALES: 308.701 In general. No person shall sell or offer to sell any licensed product: (1) By means of any type of vending machine. (2) By means of self-service display. All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. Any retailer selling licensed products at the time this Section is adopted must comply with this provision within 90 days of the effective date of this Section. A licensee who operates an establishment that sells only licensed products is exempt from the self-service display prohibition provided the licensee prohibits anyone under the age of 21 from entering the retail establishment and the licensee conspicuously displays a notice prohibiting persons under the age of 21 from entering the retail establishment. (3) By any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation. 308.702 Legal age. No person shall sell any licensed product to any person under the age of 21. (1) Age verification. Licensees must verify by means of government -issued photographic identification containing the bearer’s date of birth that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. Notice of the legal sales age, age verification requirem ent, and possible penalties for underage sales must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. 308.703 Flavored electronic delivery device . No person shall sell or offer for sale any electronic delivery device that constitutes a flavored product. 308.800: RESPONSIBILITY: All licensees are responsible for the actions of their employees and agents regarding the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale , offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee . 308.900: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises must be open to inspection by law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks. In accordance with state law, the City will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase licensed products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. 308.1000: EXCEPTIONS AND DEFENSES: 308.1001 Religious, Spiritual, or Cultural Ceremonies or Practices. Nothing in this Section prevents the provision of tobacco or tobacco -related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. 308.1002 Reasonable Reliance. It is an affirmative defense to a violation of this Section for a person to have reasonably relied on proof of age as described by state law. 308.1100: VIOLATIONS AND PENALTIES: Any failure to comply with this Section or applicable State or Federal law, constitutes a violation of this Section. The penalty imposed shall be as set forth in this subsection unless a higher penalty is set forth by applicable State or Federal law in which case the higher penalty shall apply. A civil penalty, revocation, and/or suspension may be pursued and imposed regardless of any criminal adjudication. 308.1101 Administrative penalties. (1) Licensees. Any licensee cited civilly for violating this Section, or whose employee has violated this Section, will be charged an administrative penalty of $500 and a suspension of the license for 3 days for a first violation; $750 and a suspension of the license for 5 days for a second violation within a 24 -month period; and $1,000 and a suspension of the license for 10 days for a third violation within a 24-month period. Upon a fourth violation within a 36 -month period, the license will be revoked. (2) In addition to any administrative penalty, a licensee tha t has failed a compliance check must provide proof to the City that the instructional program approved with the issuance or renewal of the license is in place as required. 308.1102 Denial, Revocation or Suspension. Any violation of this Section shall be grounds to deny, revoke or suspend a license. 308.1103 Criminal Penalties. Nothing in this Section prohibits the City from seeking prosecution of a violation under Minn. Stat. Chap. 609 .685. 308.1200: PROCESS FOR DENIAL, ADMINISTRATIVE PENALTY, SUSPENSION AND REVOCATION: The following procedures shall apply to imposition of an administrative penalty and to denial, suspension and revocation of a license. 308.1201 Notice. The City Manager shall send written notice of a license denial, administrative penalty, suspension and/or revocation to the licensee. The notice shall identify the basis for the decision, any applicable penalty and the person’s right to request a hearing as described below. 308.1202 Hearing Request. Upon issuance of a notice, a person denied a license or accused of violating this Section may request in writing a hearing on the matter before the City Council. Hearing requests must be made within ten (10) business days of the issuance of the notice and delivered to the City Clerk or other designated City officer. Failure to properly request a hearing within ten (10) business days of the issuance of the notice will terminate the person’s right to a hearing. 308.1203 Hearing. The City Clerk or other designated City officer will set the time and place for the hearing. Written notice of the hearing ti me and place will be mailed or delivered to the person who requested a hearing at least ten (10) business days prior to the hearing. 308.1204 Decision. A decision will be issued by the City Council within 15 business days of the hearing. If the City Council determines that a license denial is appropriate or that a violation of this Section did occur, that decision, along with the City Council’s reasons for the finding and the penalty to be impose d, will be recorded in writing, a copy of which will be prov ided to the person who requested the hearing by in-person delivery or mail as soon as practicable. If the City Council finds that license denial is not appropriate or that no violation occurred or finds grounds for imposing a different penalty or not imposing any penalty, those findings will be recorded and a copy will be provided to the person who requested the hearing by in-person delivery or mail as soon as practicable. The decision of the City Council is final subject to appeal to the District Court as set forth below. 308.1205 Costs. If the violation is upheld, the City’s actual expenses in holding the hearing up to a maximum of $1,000 must be paid by the person requesting the hearing. 308.1206 Appeals. Appeals of any decision made by the City Council must be filed in Scott County district court within ten (10) business days of the date of the decision. 308.1207 Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 308.1300: SEVERABILITY: If any subsection or provision of this Section is held invalid, such invalidity will not affect other subsections or provisions that can be given force and effect without the invalidated section or provision. Section 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference as though repeated verbatim herein. Section 3. This ordinance shall become effective upon its passage and publication or August 15, 2021 whichever occurs later. Passed by the City Council of the City of Prior Lake this 5th day of April, 2021. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor RESOLUTION 21-055 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 121-03 AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Burkart Second By: Thompson WHEREAS, On April 5, 2021 the City Council adopted Ordinance No. 121-03 amending Section 308 relating to tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia products; and WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Section 308 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 121-03 is lengthy. 3. The text of summary of Ordinance No. 121-03, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after April 19, 2021. PASSED AND ADOPTED THIS 5th DAY OF April 2021 _____________________________ Jason Wedel, City Manager VOTE Briggs Thompson Burkart Braid Churchill Aye ☒ ☒ ☒ ☐ ☐ Nay ☐ ☐ ☐ ☒ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☒ Exhibit A SUMMARY ORDINANCE NO. 121-03 CITY OF PRIOR LAKE ORDINANCE NO. 121-03 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY CODE BY REPLACING SECTION 308 RELATING TO TOBACCO, TOBACCO -RELATED PRODUCTS, ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA PRODUCTS AND ADOPTING BY REFERENCE CITY CODE SECTION 104 RELATING TO GENERAL PENALTY The following is only a summary of Ordinance No. 121-03. The full text will be available for public inspection after April 19, 2021 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 308 relating to the relating to tobacco, tobacco- related devices, electronic delivery devices, and nicotine and lobelia products. The Ordinance, among other things, provides licensing procedures and regulations, prohibited sales, vio lations and penalties, and a ban on flavored vaping sales. This ordinance shall become effective upon its passage and publication or August 15, 2021 whichever occurs later. Passed by the City Council of the City of Prior Lake this 5th day of April, 2021. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 17th day of April, 2021.