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<br />PUBLIC PROTECTION
<br />of the person has been modified or
<br />tampered with to represent an age older
<br />than the actual age of the person.
<br />(Code 2003, § 50-40; Ord. No. 164(2nd series),
<br />§ 1200, 12-8-1997)
<br />State law reference —Sale of tobacco to children, Minn.
<br />Stats. § 609.685.
<br />Sec. 5.12.210. Smoking prohibited.
<br />It shall be unlawful for any person to light,
<br />burn, smoke, inhale, or exhale tobacco or a
<br />tobacco product from a tobacco -related device in
<br />any location where smoking is prohibited by the
<br />Minnesota Clean Indoor Air Act, or for any
<br />person to allow the same.
<br />(Code 2003, § 50-41; Ord. No. 126(3rd series),
<br />§ 2, 11-10-2014)
<br />Division 2. Dealer's License
<br />Sec. 5.12.310. Required.
<br />No person shall sell or offer to sell any tobacco,
<br />tobacco products or tobacco -related device, includ-
<br />ing e-cigarettes, without first having obtained a
<br />license to do so from the city.
<br />(Code 2003, § 50-61; Ord. No. 164(2nd series),
<br />§ 300, 12-8-1997; Ord. No. 126(3rd series), § 3,
<br />11-10-2014)
<br />State law reference —Authority to require license, Minn.
<br />Stats. § 461.12, subd. 1.
<br />Sec. 5.12.320. Application.
<br />An application for a license to sell tobacco,
<br />tobacco products or tobacco -related devices, includ-
<br />ing e-cigarettes, shall be made on a form provided
<br />by the city. The application shall contain the full
<br />name of the applicant, the applicant's residential
<br />and business addresses and telephone numbers,
<br />the name of the business for which the license is
<br />sought, and any additional information the city
<br />deems necessary. Upon receipt of a completed
<br />application, the city administrator shall forward
<br />the application to the council for action at its
<br />next regularly scheduled council meeting. If the
<br />city administrator shall determine that an applica-
<br />§ 5.12.340
<br />tion is incomplete, he shall return the applica-
<br />tion to the applicant with notice of the information
<br />necessary to make the application complete.
<br />(Code 2003, § 50-62; Ord. No. 164(2nd series),
<br />§ 300(1), 12-8-1997; Ord. No. 126(3rd series), § 3,
<br />11-10-2014)
<br />Sec. 5.12.330. Action.
<br />The council may either approve or deny the
<br />license, or it may delay action for such reason-
<br />able period of time as necessary to complete any
<br />investigation of the application or the applicant
<br />it deems necessary. If the council shall approve
<br />the license, the city administrator shall issue the
<br />license to the applicant. If the council denies the
<br />license, notice of the denial shall be given to the
<br />applicant along with notice of the applicant's
<br />right to appeal the council's decision.
<br />(Code 2003, § 50-63; Ord. No. 164(2nd series),
<br />§ 300(2), 12-8-1997)
<br />Sec. 5.12.340. Basis for denial of license.
<br />The following shall be grounds for denying the
<br />issuance or renewal of a license under this
<br />division; however, except as may otherwise be
<br />provided by law, the existence of any particular
<br />ground for denial does not mean that the city
<br />must deny the license. If a license is mistakenly
<br />issued or renewed to a person, it shall be revoked
<br />upon the discovery that the person was ineligible
<br />for the license under this section.
<br />(1) The applicant is under the age of 18
<br />years.
<br />(2) The applicant has been convicted within
<br />the past five years of any violation of a
<br />federal, state or local law, ordinance provi-
<br />sion, or other regulation relating to
<br />tobacco, tobacco products or tobacco -
<br />related devices.
<br />(3) The applicant has had a license to sell
<br />tobacco, tobacco products or tobacco -
<br />related devices revoked or suspended on
<br />two or more occasions within the preced-
<br />ing 12 months of the date of application.
<br />(4) The applicant fails to provide any informa-
<br />tion required on the application, or
<br />provides false or misleading information.
<br />CD5:23
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