(A) Prohibited sales. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, electronic cigarette, electronic delivery device or nicotine or lobelia delivery device:
(1) To any person under the age of 18 years.
(2) By means of any type of vending machine.
(3) By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, electronic cigarette, electronic delivery device or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, electronic cigarette, electronic delivery device, nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer.
(4) By means of loosies as defined in § 113.02.
(5) Containing opium, morphine, jimson weed, bella donna, 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 or other tobacco products.
(6) By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation.
(B) Smoking and sampling prohibitions.
(1) Except for the exceptions listed in M.S. § 144.4167 as it may be amended from time to time, smoking generally shall be prohibited and no person shall smoke in public places and places of work, including outdoor and bar areas of restaurants. Other than provided for in M.S.§ 144.4167, subd. 4, as it may be amended from time to time, and other than the activation of and inhaling of vapor from electronic cigarettes in a tobacco product shop as defined in M.S. § 144.4167, subd. 4 by a customer or potential customer for the purpose of sampling the product or device before a purchase, tobacco sampling, including sampling of electronic delivery devices and products used in electronic delivery devices, is specifically prohibited in the city.
(2) To ensure that tobacco smoke or vapor electronic delivery devices does not enter public places and places of work and that persons entering such places are not exposed involuntarily to smoke or vapor, smoking and the use of electronic delivery devices are prohibited within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work. This prohibition does not apply to entrances and exits used solely in the event of an emergency and appropriately signed for that purpose.
(C) Smoking lounges. Smoking lounges, hookah lounges and vapor lounges are prohibited.
(D) Cigars. No person shall sell, offer to sell or distribute cigars in an original package containing fewer than five cigars. This restriction shall not apply to any sales, offer to sell, or distribution of an original package consisting of one, two, three, four, or five cigars, provided that each original package has a retail sales price of at least $2.60 per cigar and after any price promotions or discounts are taken into account and before the imposition of sales tax, but excluding retail sales tax, and tobacco product shops only accessible to those 18 years or older.
(1) This section shall not apply to premium cigars as defined in M.S. § 297F.01 subd. 13a, as it may be amended from time to time.
(2) The minimum pricing established in this section shall be adjusted periodically for inflation at least every three years.
(Ord. 388, passed 11-5-2018) Penalty, see §
113.99