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enjoy their sample. The store can just no longer charge the customer money for <br />any of these things. Additionally, the store is prohibited from allowing customers <br />to smoke their purchases in the store, since purchased items are not "samples" <br />according to part (a) of the clause. This would likely return any "sampling" <br />practice back to that contemplated by the Legislature when it adopted the <br />sampling exemption into its bill. <br />3. Ban & grandfather (Mounds View, proposed). <br />There is no inherent right or constitutional right of "grandfathering ", or <br />continuing past practices, in the terms and conditions of activity licensed by the <br />government. There is no property interest in a particular set of license regulations, <br />which would give rise to any form of "takings" claim or right of compensation <br />due to the change. Regulatory changes made can apply immediately to all <br />licensees, even if the change will radically affect some or all of the existing <br />licensees. <br />A city can choose to "grandfather" in an existing business in the face of' a <br />regulatory change. This can be done for any reason (preserving jobs, avoiding a <br />prolonged dispute, etc.), with the likely exception of regulating and <br />grandfathering with the intent of shielding an existing business against a <br />competitor applying for a license to do similar business in the City. To my <br />knowledge, we are not dealing with that exception in Little Canada. <br />The Public Health Law Center proposed this approach to Mounds View, <br />when its officials expressed a reluctance to adopt a full ban which would affect a <br />cigar shop in the city. Adapted for Little Canada's situation, the "ban and <br />grandfather" provision would read: <br />"Smoking shall not be permitted and no person shall smoke within the <br />indoor area of any establishment with a retail tobacco license. Smoking <br />tobacco, or lighting and burning tobacco, for the purposes of sampling <br />tobacco and tobacco related products is prohibited. Notwithstanding the <br />preceding, smoking may occur in a Tobacco Store if all of the following <br />circumstances are met: <br />1. The smoking is by a customer or potential customer for the specific <br />purpose of sampling tobacco; <br />2. The Tobacco Store has held a license from the City to sell tobacco <br />products at that location for at least six months prior to the enactment of <br />this provision; and <br />3. The owner of the establishment has maintained a valid license and <br />has abided by all applicable laws. <br />4 <br />5 <br />