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u <br />c*.;I(e hFoughs to be removed <br />Underlines to be added <br />(b) Cartons and multipack units. <br />(1) Cartons and other multipack units of packages of cigarettes or smokeless tobacco may be <br />offered and sold through open displays accessible to the public. <br />(2) Subsection (b) (1) of this section will expire upon the effective date and implementation of <br />Code of Federal Regulations title 21, part 897.16(c). <br />SECTION 10. That § Sec. 26-40. - Tobacco products shop, of the City of Elk River Code of <br />Ordinances shall be amended to read as follows: <br />(a) Tobacco products shops as defined by this articleArticle cannot be entered at any time by persons <br />younger than 218 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 to <br />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 licensed <br />pursuant to chapter 26 of this Code and in conformance with chapter 30 of this Code <br />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 no <br />smoking allowed in the tobacco products shop. Violation of this condition in a license shall <br />be grounds for revocation of the license. <br />SECTION 11. That § Sec. 26-66. - Term and renewal, of the City of Elk River Code of Ordinances <br />shall be amended to read as follows: <br />All licenses issued under this division shall expire on December 31 of the year issued. Licenses <br />must be renewed annually. <br />Application for renewal shall be made at least 60 days before the expiration and shall be in the <br />form and manner required for the original license, and subject to the same criteria. <br />Last Updated January 2019 <br />P 0 M f E R E 1 1 <br />NATUR1 <br />