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06-12-2013 Council Agenda
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06-12-2013 Council Agenda
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ii. 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 <br />of this provision; and <br />iii. The owner of the establishment has maintained a valid license and <br />has abided by all applicable laws. <br />Any smoking allowed under this exemption shall be prohibited if the license <br />holder loses the license or transfers title to, relinquishes management or <br />control of, or sells the business to any other individual or business entity. <br />(b) The following restrictions apply to premises licensed for general tobacco sales and <br />display: <br />(1) The establishment shall fully comply with the Minnesota Clean Indoor Air <br />Act, Minn. Stat. § 144.411 to 144.417. <br />(2) There shall be no display of tobacco - related devices except for cigarette <br />lighters for sale on the licensed premises, whether the sale is for the benefit of <br />the licensee or for a third party (e.g. consignment). <br />(c) The following restrictions apply to all licenses: <br />(1) <br />Vending machines used to dispense Tobacco Products or nicotine or lobelia <br />delivery devices shall be prohibited. <br />(2) No sales shall be made by means of self - service methods whereby the <br />customer does not need to a make a verbal or written request to an employee <br />of the licensed premise in order to receive the tobacco, tobacco product, <br />tobacco - related device, or nicotine or lobelia delivery device and whereby <br />there is not a physical exchange of the tobacco, tobacco product, tobacco - <br />related device, or nicotine or lobelia delivery device between the licensee, or <br />the licensee's employee, and the customer. <br />(3) <br />A licensee shall comply with all applicable regulations of the State of <br />Minnesota relating to the sale or dispensing of Tobacco Products. If there is a <br />conflict between the regulations of the State and the regulations of the City, <br />the more restrictive regulations shall control. <br />(4) Every licensee is responsible for the conduct of its employees while on the <br />licensed premises. Any sale or other disposition of Tobacco Products by an <br />employee of a licensee shall be considered an act of the licensee. <br />802 -4 <br />5 <br />
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