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obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or <br />attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco <br />product, tobacco -related device, or nicotine or lobelia delivery device. This article shall not apply to <br />minors lawfully involved in a compliance check. <br />(4) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise their <br />true age by the use of a false form of identification, whether the identification is that of another person <br />or one on which the age of the person has been modified or tampered with to represent an age older <br />than the actual age of the person. <br />(5) <br />Entering of exclusive tobacco stores. It is unlawful for a person under 21 years to enter an exclusive <br />tobacco store for the purpose of purchasing tobacco or tobacco products, or for any other purpose. <br />(Ord. No. 26-04, § 2(Att. A), 3-24-2026) <br />Sec. 26-759. Exceptions and defenses. <br />Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco -related devices to <br />a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense <br />to the violation of this article for a person to have reasonably relied on proof of age as described by state law. <br />(Ord. No. 26-04, § 2(Att. A), 3-24-2026) <br />Secs. 26-760-26-786. Reserved. <br />DIVISION 2. LICENSE2 <br />Sec. 26-787. Required; application; term. <br />No person shall sell or offer to sell any tobacco, tobacco products, tobacco -related device, or nicotine or <br />lobelia delivery device without first having obtained a license to do so from the city. <br />(1) <br />Application. An application for a license to sell tobacco, tobacco products, tobacco -related devices, or <br />nicotine or lobelia delivery device shall be made on a form provided by the city and filed with the city <br />clerk. The application shall contain the full name of the applicant, the applicant's residential and <br />business addresses and telephone numbers, the name of the business for which the license is sought, <br />and any additional information the city deems necessary. Upon receipt of a completed application, if <br />the city clerk shall determine that an application is incomplete, they shall return the application to the <br />applicant with notice of the information necessary to make the application complete. <br />(2) Action. The city council may either approve or deny the license, or it may delay action for such <br />reasonable period of time as necessary to complete any investigation of the application or the <br />applicant it deems necessary. If the city council shall approve the license, the city clerk shall issue the <br />license to the applicant. If the city council denies the license, notice of the denial shall be given to the <br />applicant along with notice of the applicant's right to appeal the decision. <br />2State law reference(s)—Municipal tobacco licenses, Minn. Stats. § 461.12. <br />(Supp. No. 15, Update 2) <br />Created: 2026-07-29 16:21:20 [EST] <br />Page 6 of 8 <br />