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<br />Ord 865 <br />Page 6 <br /> <br />Subd. 13. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor <br />area of any establishment with a retail tobacco license. Smoking for the purposes of <br />sampling tobacco and tobacco related products is prohibited. Notwithstanding the preceding, <br />smoking may occur in a retail establishment if all of the following circumstances are met: <br /> <br />a. The smoking is by a customer or potential customer for the specific purpose of <br />sampling cigars; <br /> <br />b. The establishment has an entrance door opening directly to the outside; <br /> <br />c. The establishment is not a tobacco department or section of any individual business <br />establishment with any type of liquor, food, or restaurant license; <br /> <br />d. The establishment derives more than 90 percent of its gross revenue from the sale of <br />loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for <br />burning tobacco and related smoking accessories and the sale of other products is merely <br />incidental; <br /> <br />e. The establishment has been in the business of selling such products in that location <br />for at least one year prior to the enactment of this provision; and <br /> <br />f. The owner of the establishment has maintained a valid license and has abided by all <br />applicable laws. <br /> <br />Any smoking allowed under this exemption shall be prohibited if the license holder loses the <br />license or transfers title to, relinquishes management or control of, or sells the business to <br />any other individual or business entity. <br /> <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 />