05-11-11 Council Agenda - Laserfiche WebLink

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placed on file; provided, however, that no such application shall be received unless it is accompanied by the payment of a fee as provided for herein. Section 4 Change the text of Section 802.040 as shown: 802.040. LICENSE GRANTED BY RESOLUTION. The Council shall, after whatever investigation it deems necessary, by resolution grant the license applied for by such applicant, if in the opinion of the Council the applicant is entitled thereto. The issuance of a license issued under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 5 Add a new Section 802.045 as follows: 802.045. PROXIMITY RESTRICTION. No license shall be granted pursuant to this section to any person for any retail sales of tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices within 1,000 feet of any school, playground, house of worship, or youth - oriented facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth- oriented facility, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. For the purpose of this section, a "youth- oriented facility" is defined to include any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Section 6 Change the text of Section 802.070 as shown: 802.070. LICENSE RESTRICTIONS. A license shall be issued subject to the following restrictions: (a) The following restrictions apply to premises licensed as a Tobacco Store: (1) Indoor sampling of tobacco permitted by the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.4167) must be limited to the sample quantity as defined in this Ordinance. 3