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<br />MINNESOTA STATUTES 2025 461.12
<br />461.12 MUNICIPAL LICENSE OF TOBACCO, TOBACCO -RELATED DEVICES, AND SIMILAR
<br />PRODUCTS.
<br />Subdivision 1. Authorization. A town board or the governing body of a home rule charter or statutory
<br />city may license and regulate the retail sale of tobacco, tobacco -related devices, and electronic delivery
<br />devices as defined in section 609.685, subdivision 1, and nicotine and lobelia delivery products as described
<br />in section 609.6855, and establish a license fee for sales to recover the estimated cost of enforcing this
<br />chapter. The county board shall license and regulate the sale of tobacco, tobacco -related devices, electronic
<br />delivery devices, and nicotine and lobelia products in unorganized territory of the county except on the State
<br />Fairgrounds and in a town or a home rule charter or statutory city if the town or city does not license and
<br />regulate retail sales of tobacco, tobacco -related devices, electronic delivery devices, and nicotine and lobelia
<br />delivery products. The State Agricultural Society shall license and regulate the sale of tobacco, tobacco -related
<br />devices, electronic delivery devices, and nicotine and lobelia delivery products on the State Fairgrounds.
<br />Retail establishments licensed by a town or city to sell tobacco, tobacco -related devices, electronic delivery
<br />devices, and nicotine and lobelia delivery products are not required to obtain a second license for the same
<br />location under the licensing ordinance of the county.
<br />Subd. 2. Administrative penalties for sales and furnishing; licensees. If a licensee or employee of a
<br />licensee sells, gives, or otherwise furnishes tobacco, tobacco -related devices, electronic delivery devices,
<br />or nicotine or lobelia delivery products to a person under the age of 21 years, or violates any other provision
<br />of this chapter, the licensee shall be charged an administrative penalty of $300 for the first violation. An
<br />administrative penalty of $600 must be imposed for a second violation at the same location within 36 months
<br />after the initial violation. For a third or any subsequent violation at the same location within 36 months after
<br />the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to
<br />sell tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products at
<br />that location must be suspended for not less than seven days and may be revoked. No suspension, revocation,
<br />or other penalty may take effect until the licensee has received notice, served personally or by mail, of the
<br />alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to
<br />conduct the hearing. A decision that a violation has occurred must be in writing.
<br />Subd. 2a. Penalties for sales of certain products; licensees. (a) A licensee's authority to sell tobacco,
<br />tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location
<br />must be suspended for not less than seven days and may be revoked if the licensee:
<br />(1) holds a license or registration issued pursuant to chapter 342 or section 151.72, subdivision 5b, and
<br />the license or registration is revoked;
<br />(2) is convicted of an offense under section 151.72, subdivision 7; or
<br />(3) has been convicted under any other statute for the illegal sale of marijuana, cannabis flower, cannabis
<br />products, lower -potency hemp edibles, hemp -derived consumer products, or edible cannabinoid products
<br />and the sale took place on the premises of a business that sells tobacco, tobacco -related devices, electronic
<br />delivery devices, or nicotine or lobelia delivery products.
<br />(b) No suspension, revocation, or other penalty may take effect until the licensee has received notice,
<br />served personally or by mail, of the alleged violation and an opportunity for a hearing before a person
<br />authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must
<br />be in writing.
<br />Subd. 3. Administrative penalty for sales and furnishing; individuals. An individual who sells, gives,
<br />or otherwise furnishes tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia
<br />Official Publication of the State of Minnesota
<br />Revisor of Statutes
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