(A) Smoking shall not be permitted and no person shall smoke within the indoor area of any retail establishment with a tobacco retailer license. Smoking for the purposes of sampling licensed products is prohibited.
(B) Notwithstanding division (A) above, pursuant to M.S. § 144.4167, subd. 4, as it may be amended from time to time, a cigar may be lit in a retail establishment if all of the following circumstances are met:
(1) The smoking is by a customer or potential customer, who is not under the age of 21, for the specific purpose of sampling cigars;
(2) The retail establishment has an entrance door opening directly to the outside;
(3) The retail establishment is not a tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license; and
(4) The retail establishment derives more than 90% of its gross revenue from the sale of loose tobacco, plants or herbs and cigars, cigarettes, pipes and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental.
(C) Any cigar lighting allowed under division (B) above shall be prohibited in the licensee’s retail establishment if the licensee transfers title to, relinquishes management or control, sells the retail establishment or the licensee’s tobacco license is suspended or revoked by the city.
(Prior Code, § 512.03) (Ord. 961, passed 09-09-2019) Penalty, see § 118.999