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Ordinance 885 <br />Page 7 <br />Subd.14. Smoking. <br />a. Smoking shall not be permitted and no person shall smoke within the <br />indoor area of any retail establishment with a tobacco retailer license. Smoking for <br />the purposes of sampling tobacco and tobacco related products, tobacco related <br />devices or electronic delivery devices is prohibited. <br />b. Notwithstanding paragraph (a), pursuant to Minnesota Statutes, Section <br />144.4167, subdivision 4, a cigar may be lit in a retail establishment if all of the <br />following circumstances are met: <br />The smoking is by a customer or potential customer, who is not a <br />minor, for the specific purpose of sampling cigars; <br />2. The retail establishment has an entrance door opening directly to the <br />outside; <br />3. The retail establishment is not a tobacco department or section of any <br />individual business establishment with any type of liquor, food, or <br />restaurant license; and <br />4. The retail establishment derives more than 90 percent of its gross <br />revenue from the sale of loose tobacco, plants, or herbs and cigars, <br />cigarettes, pipes, and other smoking devices for burning tobacco and <br />related smoking accessories and in which the sale of other products is <br />merely incidental. <br />C. Any cigar lighting allowed under paragraph (b) shall be prohibited in <br />the licensee's retail establishment if the licensee transfers title to, relinquishes <br />management or control, sells the retail establishment, or the licensee's tobacco <br />license is suspended or revoked by the City. <br />512.04: FEES: No license shall be issued under this Chapter until the appropriate <br />license fee shall be paid in full. The fee for a license under this Chapter shall be <br />established in the City's Fee Schedule, as it may be amended from time to time. <br />