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§ 113.04 UNLAWFUL ACTS.
   (A)   Prohibited sales. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device:
      (1)   To any person under the age of 21 years;
      (2)   By means of any type of vending machine;
      (3)   By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device between the licensee, or the licensee's employee, and the customer;
      (4)   By means of loosies;
      (5)   Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances, except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes, electronic delivery devices, nicotine or lobelia delivery products or other tobacco products;
      (6)   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.
   (B)   Use of false identification. It shall be a violation of this chapter for any person to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
   (C)   Unlawful purchases. It shall be unlawful for any person who is under the age of 21 years to purchase tobacco or tobacco products. Persons acting under the direct supervision of the city, law enforcement, or other governmental unit and which are actively engaged in a compliance check of the licensed premises are exempted from this provision while engaged in the compliance check.
   (D)   Distribution of tobacco or tobacco product samples. It shall be unlawful for any licensee or any person, business or retailer to distribute or give away tobacco or tobacco products free of charge to any person.
(Ord. 95, passed 12-20-2022) Penalty, see § 113.99
§ 113.05 LICENSEE RESPONSIBILITY.
   (A)   Actions of employees. All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this chapter, state or federal law or other applicable law or regulation.
   (B)   Maintenance standards. The property shall conform to all building and zoning requirements of the City of Aurora and the laws of the State of Minnesota. The storefront must be kept in a clean and orderly manner. No customers or employees may cause a nuisance to neighboring properties.
(Ord. 95, passed 12-20-2022) Penalty, see § 113.99
§ 113.06 COMPLIANCE CHECKS; INSPECTIONS.
   All licensed premises shall be open to inspection by the East Range Police Department or other authorized city official during regular business hours. From time to time, the East Range Police Department or city may conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 21 years to enter the licensed premises to attempt to purchase tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by East Range Police Department designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes or required for the enforcement of a particular state or federal law.
(Ord. 95, passed 12-20-2022)
§ 113.07 OTHER ILLEGAL ACTS.
   Unless otherwise provided, the following acts shall be a violation of this chapter:
   (A)   Illegal sales. It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device to any minor.
   (B)   Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device. This division shall not apply to minors lawfully involved in a compliance check.
   (C)   Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, snuff or otherwise use any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device.
   (D)   Illegal procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device. This division shall not apply to minors lawfully involved in a compliance check.
   (E)   Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
   (F)   Child resistant packaging. It shall be a violation of this chapter to sell, purchase or possess any liquid intended for human consumption and use is an electronic delivery device which has not been sold or purchased in child resistant packaging as defined in CFR, Title 16, Section 1700.15(b)(l).
   (G)   Public buildings. It shall be a violation of this chapter to use or operate any electronic delivery device in any building owned or operated by the City of Aurora.
(Ord. 95, passed 12-20-2022) Penalty, see § 113.99
§ 113.08 LICENSE REVOCATION.
   Every tobacco license is subject to revocation for violations of this section or any other provision of Minnesota or City of Aurora ordinances.
   (A)   Violations. Violations of this section shall be reported to the City Clerk's Office. The City Administrator/Clerk-Treasurer shall review the violation and provide written notice to the license holder of the violation and any necessary remedial actions.
   (B)   Revocation. If a license holder fails to correct a violation or receives three violations within any 12 month period, the City Administrator/Clerk-Treasurer shall recommend revocation of the license to the City Council. The City Council and City Administrator/Clerk-Treasurer shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the Aurora City Council.
   (C)   Appeal. A license holder aggrieved by the revocation of a license may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk's office within ten days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the City Clerk's Office in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the license holder at his/her last known address at least five days prior to the date set for hearing.
   (D)   Effect of revocation. If a license is revoked, it shall be unlawful for anyone to thereafter allow any new sale of tobacco or tobacco products until such time as a tobacco license is issued by the city. No person who has had a license revoked under this section shall be issued a tobacco license for five years from the date of revocation.
(Ord. 95, passed 12-20-2022)
§ 113.99 PENALTY.
   All persons violating any provision of this chapter shall constitute a misdemeanor.
(Ord. 95, passed 12-20-2022)