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8 <br /> <br />Licensed Products free of charge or at a nominal cost to a person under the age <br />of 21. <br /> <br />(5) Smoking shall not be permitted and no person shall smoke within the indoor <br />area of any establishment with a retail tobacco license. Smoking, lighting, <br />heating and burning of Licensed Products, for the purposes of sampling <br />Licensed Products is prohibited. Notwithstanding the preceding, smoking may <br />occur in a Tobacco Store if all of the following circumstances are met: <br /> <br />i. The smoking is by a customer or potential customer for the specific <br />purpose of sampling tobacco; <br /> <br />ii. The Tobacco Store has held a license from the City to sell Licensed <br />Products at that location for at least six months prior to the May 2013 <br />enactment of this provision; and <br /> <br />iii. The owner of the establishment has maintained a valid retail <br />tobacco license and has abided by all applicable laws. <br /> <br />iv. Any smoking allowed under this exemption shall be prohibited if the <br />license holder has the license revoked or transfers title to, relinquishes <br />management or control of, or sells the business to any other individual <br />or business entity. <br /> <br />v. Sunset on sampling and indoor smoking. Sampling and smoking inside <br />a Tobacco Store is prohibited after June 30, 2024. <br /> <br />(6) Smoking from an electronic delivery device for any reason is strictly prohibited <br />in any Tobacco Store. <br /> <br />(b) The following restrictions apply to Retail Establishments licensed for General <br />Tobacco Sales and Display: <br /> <br /> (1) Smoking prohibited. Smoking, including smoking for the purpose of the <br />sampling of licensed products is prohibited within the indoor area of any retail <br />establishment licensed under this ordinance. The establishment shall fully <br />comply with the Minnesota Clean Indoor Air Act, Minn. Stat. § 144.411 to <br />144.417. <br /> <br /> (2) All licensed products must be stored behind the sales counter, in a locked case, <br />in a storage unit, or in another area not freely accessible to the general public. <br />Any retailer selling licensed products at the time this ordinance is adopted must <br />comply within 90 days of the effective date of this ordinance. <br /> <br /> (3) Samples prohibited. No person may distribute samples of any Licensed <br />Product free of charge or at a nominal cost. The distribution of Licensed <br />Products as a free donation is prohibited. <br /> <br />