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An Ordinance Amending Chapter 26, Article II, Tobacco of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 26-31. — Definitions, of the City of Elk River Code of Ordinances shall be
amended to read as follows:
The following words, terms and phrases, when used in this articleArticle, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Compliance checks means the system the city uses to investigate and ensure that those
authorized to sell tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery
devices are following and complying with the requirements of this articleArticle and state and federal
laws. Compliance checks shall involve the use of minors persons under the age of 21 Compliance check
minors as authorized by this articleArticle. Compliance checks shall also mean the use of minors
persons under the age of 21 who attempt to purchase tobacco, tobacco products, tobacco -related
devices, nicotine, or electronic delivery devices for educational, research and training purposes as
authorized by state and federal laws. Compliance checks may also be conducted by other units of
government for the purpose of enforcing appropriate federal, state, or local laws and regulations
relating to tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices.
Compliance check minor means any person at least 17 years of age, but under the age of 21,
used by the city to conduct compliance checks. Provided that prior written consent of a parent or
guardian shall be required if the person is under the age of 18.
Electronic delivery device means any product containing or delivering nicotine, lobelia, or any
other substance, whether natural or synthetic, intended for human consumption that can be used by
a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of
aerosol or vapor from the product. Electronic delivery devices includes but is not limited to devices
manufactured,, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens,
modes, tank systems, or under any other product name or descriptor. Electronic delivery device shall
include any component part of such a product that is not tobacco as defined in this section, whether
or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination
products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized
for sale by the shall not include any product that has been approved or otherwise certified by the
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United States Food and Drug Administration for legal sales for use in tobacco cessation treatment,
harm reduction education or for other medical purposes, and is being marketed and sold solely for
that approved purpose.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be
limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or
other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a
single pack or other container as described in this article shall not be considered individually packaged.
Loosies is the common term used to refer to a single or individually packaged cigarette.
Minor means any natural person who has not yet reached the age of 18 years.
Moveable place of business means any form of business operated out of a kiosk, truck, van,
automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or
other permanent type of structure authorized for sales transactions.
Retail establishment means any place of business where tobacco, tobacco products, tobacco -
related devices, nicotine, or electronic delivery devices are available for sale to the general public. Retail
establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.
Sale means any transfer of goods for money, trade, barter, or other consideration.
Self-service merchandising means open displays of tobacco, tobacco products, tobacco -related
devices, nicotine, or electronic delivery devices in any manner where any person shall have access to
the tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices
without the assistance or intervention of the licensee or the licensee's employee. The assistance or
intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco -related
device, nicotine, or electronic delivery device between the customer and the licensee or employee.
Self-service merchandising shall not include vending machines.
Tobacco and tobacco product means cigarettes and any product containing, made, or derived
from tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or
accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps,
clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.means any
substance or item containing tobacco leaf, including but not limited to: cigarettes; cigars; cheroots;
stogies; periques; granulated, plug cut, crimp cut, ready -rubbed, and other smoking tobacco; snuff;
snuff flowers; cavendish; plug and twist tobaccos; fine cut and other chewing tobaccos; shorts; refuse
scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco prepared
in such a manner as to be suitable for smoking, chewing, absorbing, dissolving, inhaling, snorting,
ingesting, sniffing, smoking in a pipe or other tobacco -related devices. Tobacco excludes any drugs,
devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic
Act, that are authorized for sale by the United States Food and Drug Administration.
Tobacco products shop means a place of business that has an entrance door opening directly
to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that
derives more than 90 percent of its gross revenue from the sale of tobacco, and tobacco products or
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tobacco -related devices, or electronic delivery devices, and in which the sale of other products is
merely incidental. "Tobacco products shop" does not include a tobacco department or section of any
individual business establishment with any type of liquor, food, or restaurant license.
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intentionally designed or intended to be used in a manner which enables the chewing, sniffing,
smoking or inhalation of aerosol or vapors or smoking of tobacco or tobacco products. Tobacco -related devises
include components of tobacco -related devices which may be marketed or sold separately.
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dispenses tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices upon the insertion
of money, tokens, or other form of payment directly into the machine by the person seeking to
purchase the tobacco, tobacco product, or tobacco -related device, nicotine, or electronic delivery
device.
Vending machine means any mechanical, electric or electronic or other type of device which
dispenses tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices upon theinsettion
of money, tokens, or other form of payment directly into the machine by the person seeking to
purchase the tobacco, tobacco product, or tobacco -related device, nicotine, or electronic delivery
device.
SECTION 2. That § 26-32. - Purpose of articleArticle, of the City of Elk River Code of Ordinances shall
be amended to read as follows:
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obtain, possess, and use tobacco, tobacco products, tobacco -related devices, nicotine, and electronic delivery devices,
and that such sales, possession, and use are violations of both state and federal laws, and because
studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before
smoking has been shown to be the cause of several serious health problems which subsequently place
a financial burden on all levels of government, this articleArticle shall be intended to regulate the sale,
possession, and use of tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices for
the purpose of enforcing existing laws, to protect minors persons under the age of 21 years against the serious
effects associatedwith the illegal use of tobacco, tobacco products, tobacco -related devices, nicotine, or electronic
delivery devices and to prevent young people from starting to smoke as stated in Minn. Stars. § 144.391.
Unregulated electronic delivery devices, commonly referred to as electronic cigarettes, or e-
cigarettes, closely resemble and purposefully mimic the act of smoking by having users inhale
vaporized liquid nicotine or other substances created by heat through an electronic ignition system.
After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug
Administration (FDA) determined that various samples tested contained not only nicotine but also
detectable levels of known carcinogens and toxic chemicals, including tobacco -specific nitrosamines
and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that quality
control processes used to manufacture these products are inconsistent or non-existent. (Summary of
results: Laboratory analysis of electronic cigarettes conducted by FDA, Food and Drug Administration
(FDA), July 22, 2009; http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm173146.htm)
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E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may
appear similar to smoke emitted by traditional tobacco products. Their use in workplaces and public
places where smoking of traditional tobacco products is prohibited creates concern and confusion and
leads to difficulties in enforcing the smoking prohibitions.
SECTION 3. That 5 26-33. - Responsibility of licensee for acts of employees, of the City of Elk
River Code of Ordinances shall be amended to read as follows:.
All licensees under this articleArticle shall be responsible for the actions of their employees in regard to
the sale of tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices
on the licensed premises, and the sale of such an item by an employee shall be considered a sale by
the license holder. Nothing in this section shall be construed as prohibiting the city from also
subjecting the clerk to whatever penalties are appropriate under this articleArticle, state or federal law,
or other applicable laws or regulations.
SECTION 4. That § Sec. 26-34. - Inspection of licensed premises, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
All licensed premises shall be open to inspection by the city police department or other authorized
city official during regular business hours.
SECTION 5. That § Sec. 26-35. - Compliance checks, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(a) Authorized. From time to time, but at least once per year, the city shall conduct unannounced
compliance checks at each location where tobacco, tobacco -related devices, nicotine, or electronic
delivery devices are sold to test compliance with Minn. Stats. §§ 609.685 and 609.6855.
(b) Use of underage personscompliance check minors to conduct checks.
(1) The city shall conduct compliance checks by engaging compliance check minors , with
persons the written consent of their parents or guardians, minors over the age of 15 years
but less than 218 years, to enter the licensed premises to attempt to purchase tobacco,
tobacco products, tobacco -related devices, nicotine, or electronic delivery devices.
(2) Prior written consent is required for any minor who participates in a compliance check.
(32) Minors Persons Compliance check minors used for the purpose of compliance checks shall
be supervised by designated law enforcement officers or other designated city personnel.
(3) PersonsMinors used for compliance checksCompliance check minors shall not be guilty of
the unlawful purchase or attempted purchase or the unlawful possession of tobacco, tobacco
products, tobacco -related devices, nicotine, or electronic delivery devices when such items
are obtained or attempted to be obtained as a part of the compliance check.
(54) No minor person used in compliance checkscompliance check minor shall attempt to use a
false identification misrepresenting their the minor's age, and all personsminorscompliance
check minors lawfully engaged in a compliance check shall answer all questions about their
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minor's age if asked by the licensee or his employee, and shall produce any identification, if
any exists, for which he or she is asked.
(c) State and federal compliance checks. Nothing in this section shall prohibit compliance checks
authorized by state or federal laws for educational, research, or training purposes, or required for
the enforcement of a particular state or federal law.
SECTION 6. That § Sec. 26-36. - Exceptions and defenses, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) Nothing in this articleArticle shall prevent the provision of tobacco, tobacco products, tobacco -
related devices, nicotine, or electronic delivery devices to a minor person under the age of 21
years as part of a lawfully recognized religious, spiritual, or cultural ceremony.
{�►} l� It shall be an affirmative defense to a violation of this articleArticle for a person to have relied
in good faith upon proof of age as described in Minn. Stats. § 340A.503, subd. 6.
(c) The penalties in section 26-73 do not apply to a person under the age of 18 21 years who
purchases or attempts to purchase tobacco, tobacco -related devices or electronic delivery devices
while under the direct supervision of a responsible adult for training, education, research, or
enforcement purposes.
(d) A product containing or delivering nicotine intended for human consumption, or any part of
such a product, that is not tobacco or an electronic delivery device, as defined by section 26-31,
may be sold to persons under the age of 218 years if the product has been approved or otherwise
certified for legal sale by the United States Food and Drug Administration for tobacco use
cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely
for that approved purpose.
SECTION 7. That § Sec. 26-37. - Violations relating to underage persons, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(a) Illegal sales. It shall be a violation of this articleArticle for any person to sell, or offer to sell,
give, or otherwise furnish any tobacco, tobacco product, tobacco -related device, nicotine, or
electronic delivery devices to any person under the age of 218 years.
(1) Age verification. Licensees must verify by means of government -issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a person
over the age of 30. That the person appeared to be 30 years of age or older does not constitute a
defense to a violation of this subsection.
(2) Signage. Notice of the legal sales age and age verification requirement must be posted at each
location where licensed products are offered for sale. The required signage, which will be
provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone
who is or is considering making a purchase.
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(b) Illegal possession. It shall be a violation of this article for any minor to have in his possession
any tobacco, tobacco product, tobacco -related device, nicotine, or electronic delivery devices.
This subsection shall not apply to minors lawfully involved in a compliance check.
(c) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or otherwise
use any tobacco, tobacco product, tobacco -related device, nicotine, or electronic delivery devices.
(cbd) Illegal procurement. It shall be a violation of this articleArticle for any minor to purchase or
attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco -related device,
nicotine, or electronic delivery devices and it shall be a violation of this article for any person to
purchase or otherwise obtain tobacco, tobacco -related devices, nicotine, or electronic delivery
devices such items on behalf of a person under the age of 21 yearsn underage person minor. It
shall further be a violation for any person to coerce or attempt to coerce a person under the age
of 21 years minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product,
tobacco -related device, nicotine, or electronic delivery devices. This subsection shall not apply to
minors lawfully involved in a compliance check.
(dce) Use offalse identification. It shall be a violation of this articleArticle for any minor person
under the age of 21 years to purchase or attempt to purchase tobacco, tobacco -related devices,
or electronic delivery devices using a driver's license, permit, Minnesota identification card, or
any other type of false identification to misrepresent the person's ageattempt to disguise his true
age by the use of a false form of identification, whether the identification is that of another person
or one on which the age of the person has been modified or tampered with to represent an age
older than the actual age of the person.
SECTION 8. That 5 Sec. 26-38. - Vending machines, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
It shall be unlawful for any person to sell tobacco, tobacco products, or tobacco -related devices,
nicotine, or electronic delivery devices by the means of a vending machine, except in a licensed tobacco
products shop.
SECTION 9. That § Sec. 26-39. - Self-service sales, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(a) Single packages. It shall be unlawful for a licensee under this articleArticle to allow the sale of
single packages of cigarettes, tobacco, tobacco -related devices, nicotine, or electronic delivery
devices in open displays where the customer may have access to such items without having to
request the item from the licensee or the licensee's employee and there is not a physical exchange
of the single package of cigarettes, tobacco, tobacco -related device, nicotine, or electronic delivery
device between the licensee or his clerk and the customer.
(2) Any retailer selling single packages of the items described in subsection (a)(1) of this section,
at the time of adoption of the ordinance from which this article is derived shall comply with
this section within 30 days.
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(b) Cartons and multipack units.
(1) Cartons and other multipack units of packages of cigarettes or smokeless tobacco may be
offered and sold through open displays accessible to the public.
(2) Subsection (b) (1) of this section will expire upon the effective date and implementation of
Code of Federal Regulations title 21, part 897.16(c).
SECTION 10. That § Sec. 26-40. - Tobacco products shop, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) Tobacco products shops as defined by this articleArticle cannot be entered at any time by persons
younger than 218 years of age.
(b) The self-service restrictions prescribed in section 26-39 shall not apply to licensed tobacco
products shops.
(c) No license may be issued for a tobacco products shop where:
(1) The proposed location is ineligible for a license under city ordinance or state law.
(2) The proposed location is in a zoning district where the business is not allowed pursuant to
chapter 30 of this Code. This restriction shall not apply to tobacco product shops which
were in conformance with chapter 30 on July 21, 2008.
(3) The proposed location is located within 500 feet of a school or park property.
a. The distance limitations shall be measured from property line to property line at the
nearest point or from property line to the nearest point of the leased premises if the
tobacco products shop is located in a multi -tenant facility.
b. This restriction shall not apply to tobacco product shops which were properly licensed
pursuant to chapter 26 of this Code and in conformance with chapter 30 of this Code
on July 21, 2008.
(4) The proposed location is in a multi -tenant facility and does not have its own separate
ventilation system, unless the licensee agrees, and the license provides, that there shall be no
smoking allowed in the tobacco products shop. Violation of this condition in a license shall
be grounds for revocation of the license.
SECTION 11. That § Sec. 26-66. - Term and renewal, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
All licenses issued under this division shall expire on December 31 of the year issued. Licenses
must be renewed annually.
Application for renewal shall be made at least 60 days before the expiration and shall be in the
form and manner required for the original license, and subject to the same criteria.
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Upon the timely submission of an application for renewal, the office of the city clerk shall renew
each license meeting the requirements for the issuance of the original license no later than 30 days
before the expiration. Late applications shall be acted upon within 30 days of the application date.
SECTION 12. That § 26-67. — Required, of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(a) License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco -
related devices nicotine, or electronic delivery devices without having a current license to do so
as issued by the office of the city clerk.
(b) Age verification. At each location where tobacco, tobacco -related devices, electronic delivery
devices, or nicotine or lobelia delivery products are sold, the licensee shall verify, by means of
government -issued photographic identification containing the bearer's date of birth, that the
purchaser or person attempting to make the purchase is at least 21 years of age. Verification is
not required if the purchaser or person attempting to make the purchase is 30 years of age or
older. It shall not constitute a defense to a violation of this subdivision that the person appeared
to be 30 years of age or older.
(c) Signage. At each location where tobacco, tobacco -related devices, electronic delivery devices, or
nicotine or lobelia delivery products are sold, the licensee shall display a sign in plain view to
provide public notice that selling any of these products to any person under the age of 21 is illegal
and subject to penalties. The notice shall be placed in a conspicuous location in the licensed
establishment and shall be readily visible to any person who is purchasing or attempting to
purchase these products. The sign shall provide notice that all persons responsible for selling
these products must verify, by means of photographic identification containing the bearer's date
of birth, the age of any person under 30 years of age.
SECTION 13. That 5 Sec. 26-68. - Application, of the City of Elk River Code of Ordinances shall
be amended to read as follows:
The application for the license provided for in this division shall be made by filing the annual
license fee and completing an application form as provided by the office of the city clerk. For new
applications, the police department shall conduct the required background investigation before
consideration of licensure by the office of the city clerk. In addition to such information as the city
clerk's office may require, the application shall include:
(1) Whether the applicant is a natural person, corporation, partnership, or other form of
organization;
(2) The name of the applicant and all persons with an ownership interest in the business;
(3) The permanent home address and the home telephone number of the applicant and all
persons associated in the business;
(4) The address of the premises to be licensed;
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(5) Whether all real estate taxes, assessments, or other financial claims of the city, state, or federal
government for the business and premises to be licensed have been paid and, if not paid, the
years for which delinquent;
(6) Whether the applicant has ever used or been known by a name other than his/her true name,
and if so, what was the name, or names, and information concerning dates and places where
used;
(7) A statement as to whether or not the applicant, the person managing the business, or all
persons associated in the business have been convicted of any crime, misdemeanor or
violation of any city, state, or federal law, involving activities licensed under this articleArticle,
the nature of the offense and the punishment or penalty assessed therefor; and
(8) Other localities where the applicant has had or currently has a tobacco license.
SECTION 14. That 5 Sec. 26-69. - License eligibility, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(a) All license applications under this division shall be made to the office of the city clerk and referred
to the chief of police and such other municipal departments or offices as the city clerk deems
necessary for verification and investigation of the facts set forth in the application. The chief of
police and other department heads or officers consulted shall submit their reports and
recommendations to the city clerk.
(b) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery
that the person was ineligible for the license under this section.
(c) A tobacco license shall not be issued upon any of the following:
(1) The applicant is under the age of 218 years.
(2) The applicant has been convicted within the past five years of any violation of a federal, state
or local law, ordinance provision, or other regulation relating to tobacco, tobacco products,
tobacco -related devices, nicotine, or electronic delivery devices.
(3) The applicant has had a license to sell tobacco, tobacco products, tobacco -related devices
nicotine, or electronic delivery devices, denied, revoked, or suspended within the preceding
three years of the date of application.
(4) The applicant fails to provide any information required on the application or provides false
or misleading information.
(5) The applicant is prohibited by federal, state, or local law, ordinance, or other regulation, from
holding such a license.
(6) Any taxes or utility bills for the premises for which the license will be issued are delinquent.
(7) Failure to pay the yearly application fee.
(d) Where a reasonable basis is found to impose reasonable conditions/restrictions on the license,
taking into consideration one or more of the facts or circumstances, a license may have reasonable
conditions/restrictions imposed on the manner and circumstances under which the licensed
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activity shall be conducted to preserve the public peace and protect and promote good order and
security.
(e) Failure of any person to comply with any of the ordinances of the city or the laws of the state, or
any conditions/restrictions imposed on a license, shall be grounds for denying, revoking or
suspending a license granted under this division. The city shall have the discretion to consider, in
granting, denying, revoking, suspending, or renewing a license, any reasonable facts or
circumstances relating to public health, safety, and welfare.
(� If a license is denied by the office of the city clerk, the city clerk shall notify the applicant of the
determination in writing, including the facts and specific section or sections of this articleArticle
upon which this determination was made, and of their right to a hearing before the city council.
(g) Except as otherwise provided in this chapter 26, article Article II, tobacco licenses shall be
governed by the requirements and procedures set forth in chapter 38, articleArticle II of this
Code, including the notice and hearing provisions set forth therein.
SECTION 15. That § Sec. 26-71. - No transfers, of the City of Elk River Code of Ordinances shall
be amended to read as follows:
(a) All licenses issued under this division shall be valid only on the premises for which the license
was issued and only for the person to whom the license was issued. No transfer of any license to
another location or person shall be valid. Relocation or sale of the business shall require the
approval and issuance of a new license.
(b) Transfer of 25 percent or more of the ownership interest of a business entity, or of a controlling
interest of it, whichever is less, will be deemed a sale of the business. If the licensee is a business
entity that is wholly owned by another entity, the same provisions about the transfer of ownership
or a controlling interest will apply to the parent entity and any second parent entity that wholly
owns the parent entity.
(c) A sale of the business as defined in this section without the approval and issuance of a new license
shall result in the unlicensed sale of tobacco, tobacco products, tobacco -related devices, nicotine,
or electronic delivery devices, as the case may be. Transfer of this amount of ownership interest
without prior council approval is a ground for revocation or suspension of the license. In addition,
each day the licensee operates under the license after a transfer has taken place without obtaining
council approval will be a separate violation of this articleArticle.
SECTION 16. That § Sec. 26-73. — Penalty, of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(a) Administrative penalties for sales and furnishing; Licensees. Any licensee found to have
violated this articleArticle, or whose employee has violated this articleArticle, shall be subject to
the Administrative Penalties set forth in Minn. Stat. §461.12, Subd. 3, as amended from time to
timecharged an administrative penalty of $75.00 for a first violation of this article, $200.00 for a
second offense at the same licensed premises within a 24-month period, and $250.00 for a third
or subsequent offense at the same location within a 24-month period. In addition, after the third
offense, the license shall be suspended for not less than seven days.
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(b) Administrative Penalty for sales and furnishing; lndividualsto sell. Whoever sells, gives, or
otherwise furnishes tobacco, tobacco products, tobacco -related devices, electronic delivery
devices, or nicotine or lobelia delivery productsa product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such product that is not tobacco, or an
electronic delivery device as defined by section 26-31, to a person under the age of 2118 years is
guilty of a misdemeanormay be subject to the Administrative Penalties set forth in Minn. Stat.
�461.12, Subd. 4, as amended from time to time.
(1) Whoever sells tobacco, tobacco products, tobacco -related devices, a product containing or
delivering nicotine or lobelia intended for human consumption, or any part of such product that
is not tobacco, or an electronic delivery device as defined by section 26-31, to a person under the
age of 18 years is guilty of a misdemeanor for the first violation. Whoever violates this article a
subsequent time within five years of a previous conviction under this article is guilty of a gross
misdemeanor subject to the exceptions and defenses set forth in section 26-36.
(c) Other offenses.
(1) Whoever furnishes tobacco, tobacco -related devices, nicotine, or electronic delivery devices,
to a person under the age of 218 years, is guilty of a misdemeanor for the first violation.
Whoever violates this article a subsequent time within five years of a previous conviction
under this article is guilty of a gross misdemeanor.
(2) A person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco -
related devices, a product containing or delivering nicotine or lobelia intended for human
consumption, or any part of such a product, that is not tobacco, or an electronic delivery
device as defined by section 26-31, and who uses a driver's license, permit, Minnesota
identification card, or any type of false identification to misrepresent the person's age, is
guilty of a misdemeanor.
(21(3) Use where prohibited. It is a violation of this section for any person to use an electronic
delivery device in an area where prohibited by this section, or to use an electronic delivery
device in an area where prohibited by a private policy established by the proprietor or other
person in charge of the area.
(324) Proprietors. It is a violation of this section for the proprietor, person, or entity that
owns, leases, manages, operates, or otherwise controls the use of an area in which the use of
an electronic delivery device is prohibited under this section to knowingly fail to comply with
or enforce the provisions of this section.
(d) Alternative penalties for use of false identification; persons under age 21 Underage
PersonsPetty misdemeanor. Persons under 21 years of age Minors who use or are found in
unlawful possession of, or who unlawfully purchase or attempt to use false identification to
purchase, tobacco, tobacco -related products or tobacco -related devices may be subject to
tobacco -related education classes, shall be charged an administrative fee of $75.00 per offense or
a minimum fee of $25.00 and satisfactory completion of a diversion programs, community
service, or other penalty that acceptable to the city believes will be appropriate or effective. Except
as otherwise provided in subdivision (c), a person under the age of 18 years, who possesses,
smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco, tobacco -related
devices, nicotine, or electronic delivery devices, is guilty of a petty misdemeanor.
�AVRE
Last Updated January 2019
StFikethFeughs to be removed
Underlines to be added
(e) Notice. No administrative penalty or license suspension or revocation may take effect until the
licensee or other individual has received notice, served personally by mail, of the alleged violation
and of the opportunity for a hearing pursuant to chapter 38, articleArticle II.
(f) Prosecution of violation as misdemeanor. Unless otherwise noted, any person violating any
provision of this Article, or other similar state law, shall be guilty of a misdemeanor, and upon
conviction shall by subject to the penalties for a misdemeanor as prescribed by state law. Each
day a violation continues shall be considered a separate misdemeanor offense punishable by a
separate misdemeanor penalty. Nothing in this section Article shall prohibit the city from seeking
misdemeanor prosecution, administrative penalties, or both as a misdemeanor for any alleged
violation of this article or state law. If the city elects to seek misdemeanor prosecution, such action
shall not prohibit an administrative penalty from also being imposed, and does not affect the
city's right to suspend or revoke the license of a licensee as the city council deems appropriate.
(g) Unless otherwise noted, any person violating any provision of this article or of any other law shall
be guilty of a misdemeanor, and upon conviction shall by subject to the penalties for a
misdemeanor as prescribed by state law. Each day a violation continues shall be considered a
separate misdemeanor offense punishable by a separate misdemeanor penalty. A fine or sentence
imposed does not affect the right of the city to suspend or revoke the license of the licensee as
the city council deems appropriate.
That this ordinance shall take effect August 1, 2020 and be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this 20th day of July, 2020.
I I)ietz, , lay,
7�r
Tina Allard, City Clerk
Last Updated January 2019
II 1 E R t I 1 1
NATURE
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 07/25/2020 and the last
insertion being on 07/25/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: (G .u(�LJL6�1 —
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/25/2020 by Diane Erickson.
"`s+" MARLENE M MITCHELL
Notary Public
Minnesota
�?17-:;Z My Commission Expires
^..s. Jan 31, 2025
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Ad ID 1062371
CITY OF ELK RIVER
RESOLUTION 20-43
A RESOLUTION OF THE
CITY OF ELK RIVER
APPROVING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE #20-08 AN
ORDINANCE AMENDMENT
FOR TOBACCO
WHEREAS, on July 20, 2020,
the Elk River City Council adopted
Ordinance 20-08 amending Chap-
ter 26, Article Il, of the Elk River
Code of Ordinances; and
WHEREAS, federal and state
laws for tobacco recently changed
and the city's ordinance was incon-
sistent with these regulations; and
WHEREAS, Ordinance 20-08 in-
corporates these federal and state
law changes as it relates to tobac-
co definitions, compliance checks,
age to purchase tobacco products
raised from 18 to 21, updated pen-
alty requirements, and signage re-
quirements; and
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours; and
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four -fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance 20-08.
The motion for adoption of the
foregoing resolution was duly sec-
onded by Councilmember Wagner,
and upon vote being taken thereon,
the following voted in favor there-
of: Mayor Dietz. Councilmembers
Christianson. Westgaard. Ovall.
and Wagner and the following
against: none, whereupon said res-
olution was declared duly passed
and adopted.
The following members were
present: Mayor Dietz, Coun-
cilmembers Christianson, West-
gaard. Ovall. and Wagner and the
following absent: none.
Passed and adopted this 20th
day of July 2020.
John J. Dietz, Mayor
ATTEST: Tina Allard, City Clerk
Published in the
Star News
July 25, 2020
1062371