(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC DELIVERY DEVICES.
Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product.
ELECTRONIC DELIVERY DEVICE
shall include any component part of such a product whether or not sold separately.
ELECTRONIC DELIVERY DEVICE
shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
TOBACCO.
Includes tobacco in any form, including but not limited to, cigarettes, cigars, bagged, canned or packaged product.
TOBACCO-RELATED DEVICE. Includes any electronic delivery devices and nicotine or lobelia delivery products.
(B) License required. It is unlawful if for any person, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco or tobacco-related devices in any form unless a license shall first be obtained from the city.
(C) Restrictions.
(1) Separate licenses and stickers for each dispensing machine shall be issued for the sale of tobacco or tobacco-related devices at each fixed place of business, and no license shall be issued for a movable place of business.
(2) It is unlawful for any person to sell or give away any tobacco or tobacco-related device in any form to any person under the age of 21. Licensees shall verify by means of a government issued photographic identification that the person obtaining the tobacco or tobacco-related device is over the age of 21.
(3) Smoking prohibited in tobacco and electronic delivery device retail establishment. Smoking or using electronic delivery device for the purpose of sampling tobacco, tobacco-related products, nicotine or lobelia delivery devices shall be prohibited.
(4) The use of any electronic delivery device is prohibited anywhere smoking is prohibited by the Minnesota Clean Indoor Act. This section is intended to complement the Minnesota Clean Indoor Act, M.S. §§ 144.411 to 144.417, as amended from time-to-time. Nothing in the section authorizes smoking in any location where smoking is restricted by other applicable laws.
(D) Fees. No license shall be issued under this chapter until the appropriate license fee shall be paid in full. Fee for a license under this chapter shall be established in the city's ordinance establishing fees and charges, as it may be amended from time to time.
(E) Violations and penalties.
(1) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution of a misdemeanor for any alleged violation of this section.
(2) Violations. Per administrative penalties any licensee found to have violated this chapter or whose employee shall have violated this chapter, shall be charged an administrative fine of $75 for a first violation of this chapter; $200 for a second offense on the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than 7 consecutive days.
(F) Effective date. This section becomes effective on the date of its publication, or upon the publication of a summary of Ordinance 58, 4th Series, as provided by M.S. § 412-191, Subd. 4, as it may be amended from time to time, which meets the requirements of M.S. § 331A.01, Subd. 10, as it may be amended from time to time.
(1975 Code, § 6.22) (Am. Ord. 58, 4th series, passed 7-7-2014; Am. Ord. 93, 4th series, passed 2-5-2018) Penalty, see § 10.99