7.4 SR 07-20-2020 - Laserfiche WebLink

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Sec. 26-71. - No transfers. (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-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 Article. Sec. 26-72. - Posting. All licenses issued under this division shall be posted and displayed in plain view of the general public on the licensed premises. Sec. 26-73. - Penalty. (a) Administrative penalties for sales and furnishing; Licensees. Any licensee found to have violated this Article, or whose employee has violated this Article, shall be subject to the Administrative Penalties set forth in Minn. Stat. §461.12, Subd. 3, as amended from time to time. (b) Administrative Penalty for sales and furnishing; Individuals. Whoever sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products, to a person under the age of 21 years may be subject to the Administrative Penalties set forth in Minn. Stat. §461.12, Subd. 4, as amended from time to time. (c) Other offenses. (1) 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. (2) 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. Persons under 21 years of age who use or attempt to use false identification to purchase tobacco, tobacco-related products or tobacco-related devices may be subject to tobacco-related education classes, diversion programs, community service, or other penalty that the city believes will be appropriate or effective. (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, Article II. Page 8