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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 [repealed]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)
630.005. Definitions.
Unless the context clearly indicates otherwise, the words below are defined for the purpose of this section as follows:
1. “Peddler” includes a person who goes from place to place on residential property exhibiting merchandise for sale, making sales, and delivering articles to purchasers.
2. “Solicitor” includes a person who goes from place to place on residential property soliciting orders for the sale of merchandise or personal services for future delivery or future performance, whether or not the person has a sample of the merchandise or is collecting advance payments for the orders. The word also includes activity that has as its ultimate purpose the obtaining of orders even though it may not initially purport to do so, but does not include soliciting donations for non-profit entities.
3. “Regulated activity” means the activity of a peddler and solicitor as defined above. The term only includes activities that involve the sale of a product or service. It does not include activities that involve only statements of opinion or belief or that request only a donation.
4. “Licensee” means an individual, partnership, corporation or association licensed within the city under this section and also includes a person who is or will be conducting the regulated activity on behalf of the licensee.
5. "Person" has the same meaning as defined in section 1305.005.
6. "Non-profit" means an organization that currently has tax-exempt status from either the state or federal government and provides written evidence of that status.
7. "Occupant" means a person living, staying, or working at a residence, including a guest.
630.010. Regulation Established.
A person engaging in a regulated activity within the city must comply with the provisions of this section. The person must also comply with any applicable zoning and health regulations.
630.015. License Required.
A person engaging in a regulated activity within the city must first obtain a license and an identification card from the community development department.
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