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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)
625.015. Application and Issuance.
Application for a new license or license renewal must be made to the community development director on a form supplied by the city. The application must state the full name of the applicant, the location of the building and the part intended to be used by the applicant under the license, the kind of business conducted at the location, and the other information as required by the application form. The community development director has the authority to determine whether or not a license will be issued or renewed. An applicant may appeal the director's decision to the city council by submitting a written request to the city clerk within 10 days after the decision. A license may be denied or, if the license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license, for the following reasons:
1. the applicant is under the ages 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-related products;
3. the applicant has had a license to sell tobacco-related products revoked within the preceding twelve months of the date of application;
4. the applicant fails to provide any information required on the application, or provides false or misleading information; or
5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license.
(Amended by Ord. No. 2018-14; effective Jan. 1, 2019)
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.
625.055. Violations: Administrative Penalties.
Any person violating a provision of this section may be subject to the administrative enforcement program contained in section 1310.015 through 1310.050 of this code. In addition, upon finding that a licensee of any license granted pursuant to this section has failed to comply with any applicable statute, regulation or ordinance relating to the sale or use of tobacco-related products, the council may either revoke the license or suspend the license.
1. Licensees. Any licensee who has violated this section, or whose employee has violated this section, will be charged an administrative fine of at least $300.00 for a first violation of this section; at least $600.00 for a second offense at the same licensed premises within 36 months after the initial violation; and at least $1,000.00 for a third or subsequent offense at the same location within 36 months after the initial violation. In addition, for the third offense, the license will be suspended for not less than seven days and may be revoked.
2. Other Adults. Other adults who have violated this section will be charged an administrative fine of at least $150.00.
3. Minors. A person under the age of 21 years who purchases or attempts to purchase, tobacco-related products using a driver's license, permit, Minnesota identification card, or any other type of false identification to misrepresent the person's age, may be required to participate in a youth diversion, tobacco free education, or other alternative program selected by the chief of police. Notwithstanding any provision to the contray in this section 625, no other monetary or criminal penalty may be imposed for violation of this subdivison 3.
4. Judicial Review. Any person aggrieved by a decision under paragraphs 1 or 2 above may have the decision reviewed in the district court in the same manner and procedure as provided in Minn. Stat. § 462.361.
(Amended by Ord. No. 2003-02, adopted January 27, 2003; Amended by Ord. No. 2020-20, adopted November 9, 2020)
625.060. Violations: Criminal Penalties.
Except as otherwise provided in section 625.055, subdivison 3 or Minn. State. sections 609.685 and 609.6855, every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this section, is guilty of a misdemeanor and every person who causes, coerces, permits or directs another to violate any of the provisions of this section is likewise guilty of a misdemeanor. Section 625.055 does not prohibit the city from seeking prosecution as a misdemeanor for any violation of this section.
(Amended by Ord. No. 2020-20, adopted November 8, 2020)
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