Laserfiche WebLink
-4- <br />Sec. 26-36. Exceptions and defenses. <br />Nothing in this article shall prevent the provision of tobacco, tobacco products, or tobacco-related <br />devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be <br />an affirmative defense to a violation of this article for a person to have relied in good faith upon proof <br />of age as described in Minn. Stats. ~ 340A.503, subd. 6. <br />Sec. 26-37. Violations relating to underage persons. <br />(a) Illegal sales. It shall be a violation of this article for any person to sell or offer to sell any <br />tobacco, tobacco product, or tobacco-related device to any person under the age of 18 years. <br />(b) Illegal possession. It shall be a violation of this article for any minor to have in his possession <br />any tobacco, tobacco product, or tobacco-related device. This subsection shall not apply to <br />minors lawfully involved in a compliance check. <br />(c) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or <br />otherwise use any tobacco, tobacco product, or tobacco-related device. <br />(d) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt <br />to purchase or otherwise obtain any tobacco, tobacco product, or tobacco-related device, and it <br />shall be a violation of this article for any person to purchase or otherwise obtain such items on <br />behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a <br />minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or <br />tobacco-related device. This subsection shall not apply to minors lawfully involved in a <br />compliance check. <br />(e) Use of false identification. It shall be a violation of this article for any minor to attempt to <br />disguise his true age by the use of a false form of identification, whether the identification is <br />that of another person or one on which the age of the person has been modified or tampered <br />with to represent an age older than the actual age of the person. <br />Sec. 26-38. Vending machines. <br />It shall be unlawful for any person to sell tobacco, tobacco products, or tobacco-related devices by the <br />means of a vending machine, except in a licensed tobacco products shop. <br />Sec. 26-39. Self-service sales. <br />(a) Single packages. <br />(1) It shall be unlawful for a licensee under this article to allow the sale of single packages <br />of cigarettes or smokeless tobacco in open displays where the customer may have <br />access to such items without having to request the item from the licensee or the <br />licensee's employee and there is not a physical exchange of the single package of <br />cigarettes or single package of smokeless tobacco between the licensee or his clerk and <br />the customer. <br />(2) Any retailer selling single packages of cigarettes or smokeless tobacco at the time of <br />adoption of the ordinance from which this article is derived shall comply with this <br />section within 30 days. <br />(b) Cartons and multipack units. <br />(1) Cartons and other multipack units of packages of cigarettes or smokeless tobacco may <br />be 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 <br />of Code of Federal Regulations title 21, part 897.16(c). <br />S:\Administration\Licenses\Tobacco\Ordinance Amendment 2007\Ordinance Final Tobacco May 09.doc <br />