625.020. Fees, Duration.

The application must be accompanied by the required license fee specified in section 710. Licenses are valid for a one year period or part thereof and expire on December 31.

625.025. License Display and Signage.

1.   Every license must be kept conspicuously posted at the place for which the license is issued and must be exhibited to any person upon request.

2.   Notice of the legal sales age must be posted at each location where tobacco-related products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase and must satisfy all requirements of state law.

(Amended by Ord. No. 2018-14; effective Jan. 1, 2019; Amended by Ord. No. 2020-20, adopted on November 9, 2020)

625.030. Restrictions.

The following restrictions apply to tobacco licenses in the city.

1.   No license may be issued to a person not of good moral character.

2.   No license may be issued for the sale of tobacco-related products at a movable place of business.

3.   A separate license is required for the sale of tobacco-related products at each place of business.

4.   A license is not transferable from one person to another.

5.   No new license may be issued to an exclusive tobacco store after September 17, 2022, if any of the following circumstances exist:

   (a)   issuing the license would cause the total number of exclusive tobacco stores in the city to exceed six; (If more than six applications are received in a single year, priority will be given to establishments that were licensed as of September 17, 2022; or

   (b)   the premises for which the application is being made is less than 2,000 feet away from the property line of a school; or

   (c)   there is a licensed exclusive tobacco store located on the same property as the premises for which the application is being made.

When a licensed establishment is sold or has a change in ownership, this section does not prevent the issuance of a new license to the successor establishment, provided that the establishment remains in the same location.

(Amended by Ord. No. 2022-10, effective September 17, 2022)

625.035. Mandatory Education.

Each licensee must have at least one representative attend all mandatory tobacco license training seminars conducted by the city. The representative need not be the same person each time but must hold a position of responsibility in either the ownership or management of the licensee.

625.040. Prohibited Acts.

1.   A person must not sell, offer to sell, give or otherwise furnish away any tobacco-related product to any person below the age of 21 years.

2.   A person must not sell, dispense, or give away any tobacco related product through the use of a vending machine or similar automated dispensing device.

3.   A person must not sell, dispense or give away any tobacco-related product through self-service merchandising, except in facilities that have an entrance door opening directly to the outside, that derive at least 90 percent of their gross revenue from the sale of tobacco-related products, and where the retailer ensures that no person younger than 21 years of age is present, or permitted to enter, at any time.

4.   A person must not sell tobacco-related products outside the location or area covered by a license.

5.   A person must not sell, offer for sale, give away, or otherwise deal in flavored tobacco-related products or samples of such products. This restriction does not apply to facilities that satisfy the requirements of subdivison 3 above for self-service merchandising.

6.   A person must not sell, offer for to sell or distribute liquid, whether or not such liquid contains nicotine that is intended for human consumption and use, in an electronic delivery device that is not contained in child-resistant packaging as that term is defined in Code of Federal Regulations, title 16, section 1700.15(b)(1) as in effect on January 1, 2015.

7.   A person must not sell, or offer to sell, give away, distribute or display tobacco-related products in a manner that violates federal or state law.

(Amended by Ord. No. 2018-13 & Ord. No. 2018-14, effective Jan. 1, 2019; Amended by Ord. No. 2014-27, adopted December 15, 2014; Amended by Ord. No. 2020-20, adopted November 9, 2020)

625.045. Other Illegal Acts.

Unless otherwise provided, the following acts are a violation of this section.

1.   [repealed]

2.   Illegal Procurement. A person must not purchase, attempt to purchase, or otherwise obtain any tobacco-related product on behalf of a person under the age of 21 years. A person must not coerce or attempt to coerce a person under the age of 21 years to illegally purchase or otherwise obtain or use any tobacco related product.

3.   False Identification. A person must not attempt to disguise his or her true age by the use of a false form of identification, nor possess a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.

(Amended by Ord. No. 2018-13, effective January 1, 2019; Amended by Ord. No. 2003-02, adopted January 27, 2003. Amended by Ord. No. 2020-20, adopted November 9, 2020)

625.050. Exceptions and Defenses.

Nothing in this section prevents the providing of tobacco- related products to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It is an affirmative defense to a violation of this section for a person to have reasonably relied on proof of age as described by state law.