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<br />Ord 865 <br />Page 6 <br /> <br />Subd. 14. Smoking. <br />a. Smoking shall not be permitted and no person shall smoke within the indoor area of <br />any retail establishment with a tobacco license. Smoking for the purposes of sampling <br />tobacco and tobacco related products is prohibited. <br /> <br />b. Notwithstanding paragraph (a), pursuant to Minnesota Statutes, Section 144.4167, <br />subdivision 4, tobacco may be lit in a retail establishment if all of the following <br />circumstances are met: <br /> <br />1. The smoking is by a customer or potential customer, who is not a minor, <br />for the specific purpose of sampling cigars; <br /> <br />2. The retail establishment has an entrance door opening directly to the <br />outside; <br /> <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 /> <br />4. The retail establishment derives more than 90 percent of its gross revenue <br />from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, <br />pipes, and other smoking devices for burning tobacco and related <br />smoking accessories and in which the sale of other products is merely <br />incidental. <br /> <br />512.04: FEES: No license shall be issued under this Chapter until the appropriate license fee <br />shall be paid in full. The fee for a license under this Chapter shall be established in the City's Fee <br />Schedule, as it may be amended from time to time. <br /> <br /> <br />512.05: BASIS FOR DENIAL OF LICENSE: <br /> <br />Subd. 1. Grounds for denying the issuance or renewal of a license under this chapter include but <br />are not limited to the following: <br /> <br />a. The applicant is under the age of 18 years. <br /> <br />b. The applicant has been convicted within the past five years of any violation of a <br />federal, state, or local law, ordinance provision, or other regulation relating to tobacco, <br />tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. <br /> <br />c. The applicant has had a license to sell tobacco, tobacco products, tobacco-related <br />devices, or nicotine or lobelia delivery devices revoked within the preceding 12 months of <br />the date of application. <br /> <br />d. The applicant fails to provide any information required on the application, or provides <br />false or misleading information. <br />