7.4 SR 07-20-2020 - Laserfiche WebLink

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Strikethroughs to be removed Underlines to be added (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. 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- Commented \[PHLC10\]: Note: Federal law requires age related devices nicotine, or electronic delivery devices without having a current license to do so verification (ID checks) for everyone under 27. When the as issued by the office of the city clerk. legal age is raised to 21, the verification age is often increased at the same time. (b) Age verification. At each location where tobacco, tobacco-related devices, electronic delivery Commented \[SB11R10\]: I inserted the required language devices, or nicotine or lobelia delivery products are sold, the licensee shall verify, by means of pursuant to Minn. Stat. Sec. 461.22, Subd. 2. Last Updated January 2019