Loading...
(a) License required. No
shall keep for retail sale, sell at retail or otherwise dispose of any
at any place in the city without first obtaining a license therefore and paying a license fee.
(b) Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any
upon request.
(c) No
shall be issued an original or renewal license to sell
unless that
has implemented a program for instructing all employees in the legal requirements pertaining to the sale of
, including, but not limited to, reviewing the law on the sale of
, providing information on the health risks of using
, and requiring employees to request identification from every customer who appears to be under 30 years of age. No license shall be issued to an establishment unless the employer signs a city form stating that the employer has provided training to all employees on the sale of
, and such training includes information that the sale of
to a
under 21 years of age is illegal, what proof of age is legally acceptable, and that a sale to a
under 21 years of age can subject the employer and the employee to criminal and/or civil liability.
(d) No license shall be issued to a
under 21 years of age.
(e) Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license.
(f) Sunset on Tobacco Retail. The issuing authority will not issue any new licenses for the sale of
. Licenses may be renewed subject to the provisions of this chapter, provided that:
(1) A license held by an individual
is only eligible for renewal by the same person who currently holds the license, or by that person's spouse or child, as that term is defined in the Uniform Probate Code, M.S. Chapter 524; and
(2) A license held by an LLC, Partnership, or Corporation, is only eligible for renewal if at least 50% of the owners, shareholders, or partners in place on June 30, 2022, still remain as owners, shareholders, or partners, as applicable.
The fee for a license to sell
shall be as set forth in City Code Appendix A for such location. The annual license shall be effective for one year from the date of approval and such license shall be renewed annually on the anniversary date of such approval. The license fee shall cover the administrative and enforcement costs, including the conducting of unannounced compliance checks. The city will conduct at least one such compliance check each calendar year at each location where
are sold to test compliance with this Division W.
(a) No
shall sell or offer for sale any
to any
under the age of 21 years. No
shall sell, offer for sale or dispense any
through the use of vending machines. No
shall sell, offer for sale or dispense
in open displays which are accessible to the public without the intervention of a store employee. This restriction shall not apply to a license holder who derives at least 90% of their revenue from
, prohibits anyone under 21 years of age from entering the establishment at all times, and who conspicuously displays a notice prohibiting
under 21 years of age from entering the establishment.
(b) Flavored products. No person shall sell or offer for sale any flavored product.
(c) It shall be a violation of this chapter for any
to sell, offer to sell or distribute
in a package containing five or fewer
. However, this restriction shall not apply where the package has a retail sales price of at least $2.60 per
contained therein, after any price promotions or discounts are taken into account and before the imposition of sales tax, but after the imposition of excise tax. Packages containing more than five
shall be priced the same as, or more than, the minimum price established herein for a package containing five
.
(1) This subsection (c) shall not apply to premium
as defined in M.S. § 297F.01, subd. 13a, as it may be amended from time to time, and to
product shops only accessible to
21 years of age or older.
(2) The minimum pricing established in this section shall be adjusted periodically for inflation at least every three years.
(d) Effective date. The effective date of the
requirement of this section is effective upon passage.
(e) Age verification. Licensees must verify by means of government-issued photographic identification that the purchaser is at least 21 year of age. Verification is not required for a
over the age of 30. That the
appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection.
(f) Liquid packaging. No
shall sell or offer for sale any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an , in packaging that is not child-resistant. Upon request, a licensee must produce a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(g) No shall sell or offer for sale any
by any other means, to any other , or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation.
(Ord. 92-37, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 96-4, passed 3-18-1996; Ord. 96-66, passed 12-16-1996; Ord. 97-41, passed 9-15-1997; Ord. 2011-11, passed 4-4-2011; Ord. 2014-17, passed 11-17-2014; Ord. 2017-37, passed 11-6-2017; Ord. 2021-5, passed 4-26-2021, effective 1-1-2022)
No license shall be issued for the sale of
at a , including mobile sale of tobacco-related products made from motorized vehicles, mobile sales kiosks or trailers, unless the
is operated in an establishment licensed to sell
and all mobile sales are conducted within a building and within the licensed premises.
(Ord. 92-37, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; deleted and added by Ord. 96-4, passed 3-18-1996; amended by Ord. 2011-11, passed 4-4-2011; Ord. 2017-37, passed 11-6-2017)
A licensee shall pay to the city a civil penalty of $300 for an initial violation of a provision of this Division W or state laws governing the sale of
by the licensee or employee of the licensee and $600 for a second violation at the same location within five years of the initial violation. The imposition of a civil penalty shall be preceded by written notice to the licensee and an opportunity for an administrative hearing before the City Manager or the City Manager’s designated representative. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The decision of the City Manager or the City Manager’s designee may be appealed by the licensee to the City Council within ten days after receiving written notice of the decision.
The City Council shall suspend the licensee’s authority to sell
for a minimum of seven days and impose a civil penalty of $1,000 for a third violation at the same location within five years of the initial violation.
The City Council may revoke a license, suspend a license for up to 60 days, impose a civil penalty of up to $1,000 for each additional violation of this Division W or state laws governing the sale of
or impose any combination of these sanctions. A revocation, suspension or civil penalty for a third or subsequent violation shall be preceded by written notice to the licensee, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Council. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. A decision that a violation has occurred shall be in writing.
(Ord. 92-37, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; deleted and added by Ord. 96-4, passed 3-18-1996; deleted and added by Ord. 96-42, passed 9-3-1996; amended by Ord. 99-36, passed 11-15-1999; Ord. 2011-11, passed 4-4-2011; Ord. 2017-37, passed 11-6-2017; Ord. 2021-5, passed 4-26-2021, effective 1-1-2022)
Loading...