2005 Minnesota Statutes

CHAPTER 461. Cigarette sales, licensing

  461.01 Repealed, 1976 c 44 s 70 

  461.02 Repealed, 1984 c 503 s 6 

  461.03 Repealed, 1982 c 572 s 3 

  461.04 Repealed, 1982 c 572 s 3 

  461.05 Repealed, 1982 c 572 s 3 

  461.06 Repealed, 1982 c 572 s 3 

  461.07 Repealed, 1976 c 44 s 70 

  461.08 Repealed, 1976 c 44 s 70 

  461.09 Repealed, 1976 c 44 s 70 

  461.10 Repealed, 1976 c 44 s 70 

  461.11 Repealed, 1976 c 44 s 70 

REGULATION OF CIGARETTE LICENSES

     461.12 Municipal tobacco license. 

    Subdivision 1.    Authorization.  A town board or the 
 governing body of a home rule charter or statutory city may 
 license and regulate the retail sale of tobacco as defined in 
 section 609.685, subdivision 1, and establish a license fee for 
 sales to recover the estimated cost of enforcing this chapter.  
 The county board shall license and regulate the sale of tobacco 
 in unorganized territory of the county and in a town or a home 
 rule charter or statutory city if the town or city does not 
 license and regulate retail tobacco sales.  Retail 
 establishments licensed by a town or city to sell tobacco are 
 not required to obtain a second license for the same location 
 under the licensing ordinance of the county. 

    Subd. 2.    Administrative penalties; licensees.  If a 
 licensee or employee of a licensee sells tobacco to a person 
 under the age of 18 years, or violates any other provision of 
 this chapter, the licensee shall be charged an administrative 
 penalty of $75.  An administrative penalty of $200 must be 
 imposed for a second violation at the same location within 24 
 months after the initial violation.  For a third violation at 
 the same location within 24 months after the initial violation, 
 an administrative penalty of $250 must be imposed, and the 
 licensee's authority to sell tobacco at that location must be 
 suspended for not less than seven days.  No suspension or 
 penalty may take effect until the licensee has received notice, 
 served personally or by mail, of the alleged violation and an 
 opportunity for a hearing before a person authorized by the 
 licensing authority to conduct the hearing.  A decision that a 
 violation has occurred must be in writing.  

    Subd. 3.    Administrative penalty; individuals.  An 
 individual who sells tobacco to a person under the age of 18 
 years must be charged an administrative penalty of $50.  No 
 penalty may be imposed until the individual has received notice, 
 served personally or by mail, of the alleged violation and an 
 opportunity for a hearing before a person authorized by the 
 licensing authority to conduct the hearing.  A decision that a 
 violation has occurred must be in writing.  

    Subd. 4.    Minors.  The licensing authority shall 
 consult with interested educators, parents, children, and 
 representatives of the court system to develop alternative 
 penalties for minors who purchase, possess, and consume 
 tobacco.  The licensing authority and the interested persons 
 shall consider a variety of options, including, but not limited 
 to, tobacco free education programs, notice to schools, parents, 
 community service, and other court diversion programs. 

    Subd. 5.    Compliance checks.  A licensing authority 
 shall conduct unannounced compliance checks at least once each 
 calendar year at each location where tobacco is sold to test 
 compliance with section 609.685.  Compliance checks must involve 
 minors over the age of 15, but under the age of 18, who, with 
 the prior written consent of a parent or guardian, attempt to 
 purchase tobacco under the direct supervision of a law 
 enforcement officer or an employee of the licensing authority.  

    Subd. 6.    Defense.  It is an affirmative defense to 
 the charge of selling tobacco to a person under the age of 18 
 years in violation of subdivision 2 or 3 that the licensee or 
 individual making the sale relied in good faith upon proof of 
 age as described in section 340A.503, subdivision 6. 

    Subd. 7.    Judicial review.  Any person aggrieved by a 
 decision under subdivision 2 or 3 may have the decision reviewed 
 in the district court in the same manner and procedure as 
 provided in section 462.361.  

    Subd. 8.    Notice to commissioner.  The licensing 
 authority under this section shall, within 30 days of the 
 issuance of a license, inform the commissioner of revenue of the 
 licensee's name, address, trade name, and the effective and 
 expiration dates of the license.  The commissioner of revenue 
 must also be informed of a license renewal, transfer, 
 cancellation, suspension, or revocation during the license 
 period. 

    HIST: 1941 c 242 s 3; 1941 c 405 s 3; 1951 c 382 s 1; Ex1959 c 
 73 s 2; 1973 c 123 art 5 s 7; 1982 c 572 s 2; 1997 c 227 s 4; 
 1Sp2001 c 5 art 7 s 63 

     461.13 Cigarette license fees, apportionment.  

    The fees for licenses granted by the governing body of any 
 municipality shall be for the benefit of the municipality.  When 
 a license is issued by the county board the fee shall be 
 deposited in the county treasury and be credited to the county 
 revenue fund.  

    HIST: 1941 c 242 s 4; 1941 c 405 s 4; 1951 c 382 s 2 

  461.14 Repealed, 1982 c 572 s 3 

     461.15 Blind persons not to pay cigarette licenses.  

    No applicant for any license required of persons for the 
 sale or manufacture of cigarettes shall be required to pay any 
 fee to the state or any political subdivision thereof upon 
 furnishing a doctor's certificate showing that the applicant is 
 blind, as defined by Laws 1937, Chapter 324.  

    HIST: 1941 c 461 s 1; 1986 c 444 

     461.17 Manufacturers to report on certain substances. 

    Subdivision 1.    Annual report required.  Each 
 manufacturer of tobacco products sold in Minnesota shall provide 
 the commissioner of health with an annual report, either on 
 paper or by electronic means.  The report shall be provided in a 
 form and at a time specified by the commissioner, identifying, 
 for each brand of such product, any of the following substances 
 present in detectable levels in the product in its unburned 
 state and if the product is typically burned when consumed, in 
 its burned state: 

    (1) ammonia or any compound of ammonia; 

    (2) arsenic; 

    (3) cadmium; 

    (4) formaldehyde; and 

    (5) lead. 

    The form for annual reports under this section is not a 
 rule for purposes of chapter 14, including section 14.386. 

    Subd. 2.    Assistance to local governments.  Upon 
 request, the commissioner shall provide a local government unit 
 with a copy of reports filed under this section, to assist in 
 the enforcement of local ordinances. 

    Subd. 3.    Public data.  Reports under this section are 
 public data. 

    HIST: 1997 c 227 s 5 

     461.18 Ban on self-service sale of packs; exceptions. 

    Subdivision 1.    Except in adult-only facilities.  (a) 
 No person shall offer for sale single packages of cigarettes or 
 smokeless tobacco in open displays which are accessible to the 
 public without the intervention of a store employee. 

    (b) Cartons and other multipack units may be offered and 
 sold through open displays accessible to the public. 

    (c) Paragraph (b) expires on August 28, 1997. 

    (d) This subdivision shall not apply to retail stores which 
 derive at least 90 percent of their revenue from tobacco and 
 tobacco-related products and which cannot be entered at any time 
 by persons younger than 18 years of age. 

    Subd. 2.    Vending machine sales prohibited.  No person 
 shall sell tobacco products from vending machines.  This 
 subdivision does not apply to vending machines in facilities 
 that cannot be entered at any time by persons younger than 18 
 years of age. 

    Subd. 3.    Federal regulations for cartons, multipacks. 
  Code of Federal Regulations, title 21, part 897.16(c), is 
 incorporated by reference with respect to cartons and other 
 multipack units. 

    HIST: 1997 c 227 s 6 

     461.19 Effect on local ordinance; notice. 

    Sections 461.12 to 461.18 do not preempt a local ordinance 
 that provides for more restrictive regulation of tobacco sales.  
 A governing body shall give notice of its intention to consider 
 adoption or substantial amendment of any local ordinance 
 required under section 461.12 or permitted under this section.  
 The governing body shall take reasonable steps to send notice by 
 mail at least 30 days prior to the meeting to the last known 
 address of each licensee or person required to hold a license 
 under section 461.12.  The notice shall state the time, place, 
 and date of the meeting and the subject matter of the proposed 
 ordinance.  

    HIST: 1997 c 227 s 7