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615.070. Suspensions and Revocations of License.
1. Delinquent Taxes. The city council may suspend or revoke a license issued under this chapter for operation on a premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid, unless the non- payment is not under the control of the licensee. If an action has been commenced under Minn. Stat. chapter 278, questioning the amount of validity of taxes, the council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or a portion of them, that remain unpaid for a period exceeding one year after becoming due unless the one year period is extended through no fault of the licensee.
2. Violations.
a. The council may either suspend for up to 60 days or revoke a license and impose a civil fine not to exceed $2,000.00 for a violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with an applicable statute, regulation or ordinance relating to the subject matter of section 615 or violated the statutes in subparagraph 2 below. No suspension or revocation will take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. §§ 14.57 to 14.69, with the exception of the suspension provided for in subparagraph (b) below.
b. Conviction of a sex crime, as identified in Minn. Stat. §§ 609.293 through 609.352, 609.746 through 609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse by the licensee will result in the immediate suspension pending a hearing on revocation of a license issued under this chapter.
(Amended by Ord. No. 2012-07; adopted June 25, 2012)
615.075. Penalty.
Except as otherwise provided by state law, a person violating a provision of this ordinance is subject to the penalties established in section 1310 of this code. A fine or sentence imposed does not affect the right of the city to suspend or revoke the license of the licensee as the council deems appropriate.
625.000. Purpose.
The city finds that: smoking causes premature death, disability and chronic diseases, including cancer, heart disease and lung disease; smoking-related diseases result in excess medical care costs; and smoking initiation occurs primarily in adolescence. The city desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air through the adoption of tobacco licensing regulations.
(Adopted by Ord. No. 2018-13, effective Jan. 1, 2019)
625.005. Definitions.
The following words and terms when used in this section have the following meanings unless the context clearly indicates otherwise.
1. "Electronic delivery device" means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
2. "Exclusive tobacco store" means a place of business that is primarily dedicated to the sale of tobacco or tobacco-related devices or products.
3. “Movable place of business” means a retail business whose physical location is not permanent or is capable of being moved or changed, including, but not limited to, any retail business that is operated from a kiosk, other transportable structure, or a motorized or nonmotorized vehicle.
4. "Nicotine or lobelia delivery product" means a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco or electronic delivery device.
5. “Person” includes natural persons, partnerships, firms, corporations and associations.
6. “Self-service merchandising” means a method of displaying tobacco-related products so that they are accessible to the public without the intervention of an employee of the license.
7. “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to, cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; fine cut and other chewing tobaccos; snuff; snuff flour; cavendish; plug and twist tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
8. "Tobacco-related devices" means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.
9. "Tobacco-related products" includes tobacco, tobacco-related devices, electronic delivery devices and nicotine and lobelia delivery products.
(Amended by Ord. No. 2010-14, adopted September 13, 2010; Amended by Ord. No. 2014-27; adopted December 15, 2014; Amended by Ord. No. 2020-20, adopted November 9, 2020; Amended by Ord. No. 2022-10, effective September 17, 2022)
625.010. License Required.
No person shall, sell or offer to sell at retail, dispense, or give away in a retail setting any tobacco related product at any place in the city, without first obtaining a license from the city.
(Amended by Ord. No. 2018-14, effective Jan. 1, 2019)
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