CHAPTER 112: TOBACCO REGULATIONS
Section
   112.01   Purpose and intent
   112.02   Definitions
   112.03   License
   112.04   Fees
   112.05   Basis for denial of license
   112.06   Prohibited sales
   112.07   Vending machines
   112.08   Self-service sales
   112.09   Responsibility
   112.10   Compliance checks and inspections
   112.11   Other illegal acts
   112.12   Exceptions and defenses
   112.13   Violations
 
   112.99   Penalty
§ 112.01 PURPOSE AND INTENT.
   Because the city recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, tobacco related devices, electronic delivery 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, tobacco related devices, and electronic delivery 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, tobacco related devices, and electronic delivery 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. passed 1-8-2019)
§ 112.02 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.
   AGE VERIFICATION. Before distributing any tobacco product, the distributor shall verify that the recipient is at least 21 years of age. Each distributor shall examine the recipient’s government-issued photographic identification. No such VERIFICATION is required for a person over the age of 30. That a recipient appeared to be 30 years of age or older shall not constitute a defense to a violation of this section.
   COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco related devices, and electronic delivery 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, tobacco related devices, and electronic delivery 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. Means 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.
   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.
   MINIMUM LEGAL DISTRIBUTION AGE FOR TOBACCO PRODUCTS. The provision of tobacco, tobacco products, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery devices to a person under the age of 21 is prohibited. This section shall not apply to provisions to any person who is born on or before December 31, 2000.
   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.
   RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco 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, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco 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, 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.
   SIGNAGE. No person shall distribute or permit the provision of tobacco, tobacco products, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery devices in the county unless a clearly visible notice of the county minimum legal sales age is posted at the location where these products are available for purchase.
   TOBACCO or TOBACCO PRODUCTS. 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. 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, smoking, or inhalation of vapors of tobacco or tobacco products.
   VENDING MACHINE. Any mechanical, electric, or electronic, or other type of device which dispenses tobacco, tobacco products, tobacco related devices, or electronic delivery 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, tobacco related device, or electronic delivery device.
(Ord. passed 1-8-2019) Penalty, see § 112.99
§ 112.03 LICENSE.
   (A)   License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco related device, or electronic delivery device without first having obtained a license to do so from the city.
   (B)   Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall 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, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk/Treasurer shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the Clerk/Treasurer shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
   (C)   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 shall approve the license, the 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 City Council’s decision.
   (D)   Term. All licenses issued under this chapter shall be valid for one calendar year from the date of issue.
   (E)   Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in § 112.99.
   (F)   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.
   (G)   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.
   (H)   Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
   (I)   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 no more than 60 days before the expiration of the current license.
   (J)   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. passed 1-8-2019) Penalty, see § 112.99
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