Agenda Packets - 2019/08/26 - Laserfiche WebLink

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between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth -oriented facility, unless that person has been in the business of selling such products in that location before the date this Chapter was enacted into law for at least one year. For the purpose of this section, a youth -oriented facility is defined to include any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Subd. 12. Proximity to other tobacco retailers. No license shall be granted pursuant to this Chapter to any person for any retail sales *„>,,,eee *„>,,,eeo pr -e uets *„>,,,eee related devices licensed products within 2,000 feet of any other establishment holding such a license, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. Subd. 13. Proximity limitation. Subdivisions 11 and 12 of Section 512.03 shall only apply to new licenses approved after January 1, 2012. Subdivisions 11 and 12 of Section 512.03 shall not apply to renewals and approved transfers. Subd. 14. Smoking. a. Smoking shall not be permitted and no person shall smoke within the indoor area of any retail establishment with a tobacco retailer license. Smoking for the purposes of sampling , and elee4enie delivery deviees-licensed products is prohibited. b. Notwithstanding paragraph (a), pursuant to Minnesota Statutes, Section 144.4167, subdivision 4, a cigar may be lit in a retail establishment if all of the following circumstances are met: 1. The smoking is by a customer or potential customer, who is not Winder the age of 21, for the specific purpose of sampling cigars; 2. The retail establishment has an entrance door opening directly to the outside; 3. The retail establishment is not a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license; and 4. The retail establishment derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. 591035v1MU125-65