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
, 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
. 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
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.
History: 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
461.17 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;
(4) formaldehyde; and
The form for annual reports under this section is not a rule for purposes of chapter 14,
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.
History: 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.
History: 1997 c 227 s 6