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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 of Lino Lakes uses to investigate and ensure that those authorized to sell tobacco, tobacco products or tobacco related devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of persons under the age of 21 as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of persons under the age of 21 who attempt to purchase tobacco, tobacco 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.
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.
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.
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 those items without the assistance or intervention of the licensee or the licensee's employees. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer or 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 tobacco between the clerk and the customer.
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 or smoking of tobacco or tobacco products.
VENDING MACHINE. Any mechanical, electric or electronic or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase the tobacco, tobacco product or tobacco related devices.
(Ord. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
(1) License required. No person shall sell or offer to sell any tobacco, tobacco products or tobacco related device without first having obtained a license to do so from the city.
(2) 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 is to be returned to the City of Lino Lakes at which time the application will be forwarded to the Police Department for background checks. If the application is deemed incomplete it shall be returned to the applicant with a notice of the missing data. No incomplete applications will be reviewed. 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 City Clerk shall forward the application to the City Council for action. If the City Clerk 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.
(3) 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 City Clerk shall issue the license to the applicant.
(4) Term. The licensing period for licenses issued under this chapter shall be one year, commencing July 1 and ending on June 30 of the following year. New licenses may be issued throughout the licensing period however there shall be no reduction in the yearly license fee.
(5) Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in the §§ 602.13 and 602.14 of this chapter.
(6) 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.
(7) 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.
(8) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(9) Renewals. Renewals of a license issued under this section 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.
(10) 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. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
Cross-reference:
City fee schedule, see § 218.01
No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a license under this chapter shall be as determined in the city's adopted fee schedule.
(Ord. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
Cross-reference:
City fee schedule, see § 218.01
The following shall be grounds for denying the issuance or renewal of a license under this chapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. 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 section. (Note: The following is not an exclusive nor an exhaustive list.)
(1) The applicant is under the age of 18 years.
(2) 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, tobacco products or product related devices.
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the application or provides false or misleading information.
(5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation, from holding a license.
(Ord. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device:
(1) To any person under the age of 21 years;
(2) By means of any type of vending machine, except as may otherwise be provided in this chapter (See § 602.07, Vending Machines);
(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 premise in order to receive the tobacco, tobacco product or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product or tobacco related device between the licensee or the licensee's employee and the customer;
(4) By means of loosies as defined § 602.02;
(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; or
(6) By any other means, to any other person, in any manner or form prohibited by federal, state or other local law, ordinance provision or other regulation.
(Ord. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
It shall be unlawful for any person licensed under this chapter to allow the sale of tobacco, tobacco products or tobacco related devices by means of a vending machine unless persons under the age of 21 years are at all times prohibited from entering the licensed establishment.
(Ord. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products or tobacco related devices by any means whereby the customer may have access to the items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco products or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products and tobacco related devices shall either be stored behind a counter or other area not freely accessible to the general public.
(Ord. 07-99, passed 4-26-1999; Am. Ord. 06-22, passed 12-12-2022)
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