CHAPTER 113: TOBACCO AND TOBACCO PRODUCTS
Section
   113.01   Purpose
   113.02   Definitions
   113.03   License
   113.04   Unlawful acts
   113.05   Licensee responsibility
   113.06   Compliance checks; inspections
   113.07   Other illegal acts
   113.08   License revocation
 
   113.99   Penalty
§ 113.01 PURPOSE.
   Because the city recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess and use tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and tobacco related devices and the sales, possession and use are violations of both state and federal laws; and because studies, which the city hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 21 years and that those persons who reach the age of 21 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this chapter shall be intended to regulate the sale, possession and use of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and tobacco related devices and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time.
(Ord. 95, passed 12-20-2022)
§ 113.02 DEFINITIONS.
   Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply 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 tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and tobacco related devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery 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.
   ELECTRONIC DELIVERY DEVICE. 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 by delivery of nicotine or any other substance through inhalation of vapor from the product, including any component part of an electronic delivery device, whether or not it is sold or marketed separately.
   INDIVIDUALLY PACKAGED. 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 definition shall not be considered individually packaged.
   LOOSIES. The common term used to refer to a single or individually packaged cigarette.
   MINOR. Any natural person who has not yet reached the age of 21 years.
   MOVEABLE PLACE OF BUSINESS. 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.
   NICOTINE OR LOBELIA DELIVERY PRODUCTS. Any product containing or delivering nicotine or lobelia intended for human consumption (or any part of such product) that is not tobacco or an electronic delivery device.
   RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, and restaurants.
   SALE. Any transfer of goods for money, trade, barter or other consideration.
   SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery 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, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related device between the customer and the licensee or employee. The phrase shall not include vending machines. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the customer.
   TOBACCO or TOBACCO PRODUCTS. Includes electronic delivery devices, nicotine or lobelia delivery products, commonly called an electronic cigarette or an E-cigarette and any substance or item containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco leaf prepared in a manner as to be suitable for chewing, sniffing or smoking.
   TOBACCO RELATED DEVICES. Includes electronic delivery devices, nicotine or lobelia delivery products, commonly called an electronic cigarette or an E-cigarette and 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 products.
   VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery product, 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.
(Ord. 95, passed 12-20-2022)
§ 113.03 LICENSE.
   (A)   License required. No person shall sell or offer to sell any tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related device without first having obtained a license to do so from the city.
   (B)   Number of licenses. The city shall issue no more than five separate licenses. They are issued generally on a first come, first served basis. Any applicant with prior violations is considered as a last priority.
   (C)   Application. An application for a license to sell tobacco or tobacco products shall be made on a form provided by the city. Upon receipt of a completed application, the Administrator/Clerk-Treasurer shall forward the application to the Police Department for the purpose of conducting a background check on the applicant. The Police Department shall have ten days from receipt of a complete application to complete the background check. Upon completion of the background check, the Police Department shall forward the application and investigation results to the City Council for action at its next regularly scheduled meeting. If the Administrator/Clerk-Treasurer determines that an application is incomplete, he/she shall return the application to the applicant with notice of the information necessary to make the application complete.
   (D)   Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the Administrator/Clerk-Treasurer shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision.
   (E)   License fee. No license shall be issued under this chapter until the appropriate license fee is paid in full. The annual fee for a license under this chapter shall be established in the city's ordinance establishing fees and charges, as may be amended from time to time. Initial license applications covering a period of less than one year shall be charged a fee calculated on a monthly pro rata basis.
   (F)   Restriction on issuance.
      (1)   No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid. In the event an action has been commenced pursuant to the provisions of M.S. Ch. 278, as it may be amended from time to time, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this division. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
      (2)   No license shall be granted if the applicant, responsible party, owner, manager, or any other person involved with the application:
         (a)   Is under the age of 21;
         (b)   Who is not of good moral character and repute;
         (c)   The applicant has had a license to sell tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices revoked within the preceding five years of the date of application; or
         (d)   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 tobacco or tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices.
      (3)   If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter.
   (G)   Term. All licenses issued under this chapter shall expire on December 31 of each year.
   (H)   Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in this chapter.
   (I)   Transfers. All licenses issued under this chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council.
   (J)   Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter.
   (K)   Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
   (L)   Renewals. The renewal of a license issued under this chapter shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but not more than 60 days before the expiration of the current license.
   (M)   Issuance as privilege and not a right. The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
(Ord. 95, passed 12-20-2022) Penalty, see § 113.99
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