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Elk River City Code Excerpt: Section 26-40 relating to Tobacco Product <br /> Shops/Smoke Shops <br /> Sec. 26-40. -Tobacco products shop. <br /> (a) Tobacco products shops as defined by this article cannot be entered at any time by persons <br /> younger than 18 years of age. <br /> (b) The self-service restrictions prescribed in section 26-39 shall not apply to licensed tobacco <br /> products shops. <br /> (c) No license may be issued for a tobacco products shop where: <br /> (1) The proposed location is ineligible for a license under city ordinance or state law. <br /> (2) The proposed location is in a zoning district where the business is not allowed pursuant <br /> to chapter 30 of this Code. This restriction shall not apply to tobacco product shops which <br /> were in conformance with chapter 30 on July 21, 2008. <br /> (3) The proposed location is located within 500 feet of a school or park property. <br /> a. The distance limitations shall be measured from property line to property line at the <br /> nearest point or from property line to the nearest point of the leased premises if the <br /> tobacco products shop is located in a multi-tenant facility. <br /> b. This restriction shall not apply to tobacco product shops which were properly <br /> licensed pursuant to chapter 26 of this Code and in conformance with chapter 30 of <br /> this Code on July 21,2008. <br /> (4) The proposed location is in a multi-tenant facility and does not have its own separate <br /> ventilation system, unless the licensee agrees, and the license provides, that there shall be <br /> no smoking allowed in the tobacco products shop. Violation of this condition in a license <br /> shall be grounds for revocation of the license. <br /> (Ord. No. 08-08, §§ 1, 2, 7-21-2008; Ord. No. 11-02, § 1, 4-4-2011) <br />