11-12-2014 Council Agenda - Laserfiche WebLink

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related Devices and Delivery Devices. This could be accomplished by amending § 802.070 could be amended as follows: The following restrictions apply to premises licensed as a Convenience/Tobacco Store: (1) No person shall permit a minor to sample tobacco. (2) There shall be no display or sale of Tobacco -related Devices or Delivery Devices. (3) Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a convenience/tobacco store license. Smoking tobacco, or lighting and burning tobacco, for the purposes of sampling tobacco and tobacco related products or smoking from a delivery device is prohibited. (4) Smoking from a delivery device for any reason is strictly prohibited in any Convenience/Tobacco Store. Again, because it would be difficult to control the size and scope of a retail store falling under a new license, the best option might be to keep the licensing options limited to the two currently available. If the City receives an application for a Tobacco Store license, it could, but would not be required to, increase the number of authorized Tobacco Store licenses. Additional Issue Another issue was recently raised regarding an individual growing his own tobacco and then selling it. I-Ie/she would most likely he considered a "cigarette distributor," which requires a specific license from the State of Minnesota and fairly detailed records for tax purposes. If the individual returns to the council, we recommend having him/her call the MNDOR Cigarette and Tobacco Office at 651-556-3035. It looks like any taxes on the growing of tobacco would be the responsibility of the State and not the City. That being said, if he's selling tobacco in Little Canada, then the City will want to license it. My guess would be that tobacco sales would be almost the sole source of revenue so it would most likely fall under the existing Tobacco Store License. 10