CHAPTER 111: TOBACCO
Section
   111.01   Purpose and intent
   111.02   Definitions and interpretations
   111.03   License
   111.04   Fees
   111.05   Basis for denial of license
   111.06   Prohibited acts
   111.07   Responsibility
   111.08   Compliance checks and inspections
   111.09   Other prohibited acts
   111.10   Revocation hearing
   111.11   Exceptions and defenses
   111.12   Violations
 
   111.99   Administrative penalties
§ 111.01 PURPOSE AND INTENT.
   Because the city recognizes that the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of 18 violates both state and federal laws; and because studies, which the city accepts and adopts, have shown that youth use of any commercial tobacco product has increased to 26.4% in Minnesota; and because nearly 90% of smokers begin smoking before they have reached the age of 18 years, and that almost no one starts smoking after age 25; and because marketing analysis, public health research, and commercial tobacco industry documents reveal that tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the presence of such flavors can make it more difficult to quit; and because studies show that youth and young adults are especially susceptible to commercial tobacco product availability, advertising, and price promotions at tobacco retail environments; and because commercial tobacco use has been shown to be the cause of many serious health problems which subsequently place a financial burden on all levels of government, this chapter is intended to regulate the sale of commercial tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws, to protect youth and young adults against the serious health effects associated with use and initiation, and to further the official public policy of the state to prevent young people from starting to smoke, as stated in M.S. § 144.391, as it may be amended from time to time.
(Ord. 212, passed 10-15-2019)
§ 111.02 DEFINITIONS AND INTERPRETATIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
   CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in M.S. § 297F.01, subd. 3, as may be amended from time to time.
   COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this chapter. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase licensed products. Compliance checks may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products.
   ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose.
   LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
   LOOSIES. The common term used to refer to cigars, cigarettes, or any other licensed product, whether individually packaged or that has been removed from its intended retail packaging and offered for sale. Loosies does not include individual cigars with a retail price, after any discounts are applied and before any sales taxes are imposed, of at least $4.00 per cigar.
   MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a kiosk, vehicle, or transportable shelter and not a fixed-address store front or other permanent type of structure authorized for sales transactions.
   NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco or an electronic delivery device as defined in this section. Nicotine or lobelia delivery product does not include any product that has been approved or otherwise certified for legal sale by the U.S. Food and Drug Administration as a tobacco-cessation product, a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
   RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. Retail establishments shall include, without limitation, grocery stores, tobacco products shops, convenience stores, off-sale liquor stores, service stations, bars and restaurants.
   SALE. Any transfer of goods for money, trade, barter or other consideration.
   SELF-SERVICE DISPLAY. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee.
   TOBACCO. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco does not include any product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
   TOBACCO-RELATED DEVICE. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. Tobacco-related device includes components of tobacco-related devices or tobacco products, which may be marketed or sold separately.
   VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses licensed products upon the insertion of money, tokens, or other form of payment by or on behalf of a person seeking to purchase the licensed product.
   YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Youth-oriented facility includes, but is not limited to, schools, playgrounds, recreation centers, and parks.
(Ord. 212, passed 10-15-2019)
§ 111.03 LICENSE.
   No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the city.
   (A)   Application. An application for a license to sell licensed products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the names of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to City Council for action at its next regularly scheduled meeting. If the Clerk shall determine that an application is incomplete, the application shall be returned to the applicant with notice of the information necessary to make the application complete.
   (B)   Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the Council’s decision.
   (C)   Term. All licenses issued under this section shall be valid for the current calendar year in which the license is issued.
   (D)   Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in this chapter.
   (E)   Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited.
   (F)   Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed.
   (G)   Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
   (H)   Renewals. The renewal of a license issued under this section shall be processed in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license.
   (I)   Proximity to youth-oriented facilities. No license shall be approved for any sales of licensed products within 1,000 feet of any youth-oriented facility, as measured by a straight line between the space to be occupied by the proposed licensee and the occupied space of the youth-oriented facility, unless the applicant has been lawfully in the business of selling such products in that location before the date this section was adopted.
   (J)   Proximity to other tobacco retailers. No license shall be approved for any sales of licensed products within 2,000 feet of any other establishment holding such a license, as measured by a straight line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless the applicant has been lawfully in the business of selling such products in that location before the date this section was adopted.
(Ord. 212, passed 10-15-2019)
§ 111.04 FEES.
   No license shall be issued under this chapter until the appropriate license fee shall be paid in full.
(Ord. 212, passed 10-15-2019)
Loading...