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licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the licensed products between the customer and the licensee or employee. Self - Service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. • Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product, whether natural or synthetic, containing, made, or derived from nicotine, tobacco, marijuana, or other plant, that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. • Tobacco Products Shop. A retail establishment that has an entrance door openingdirectly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco -related devices, and electronic delivery devices, as defined in Minn. Stat. section 609.685. and in which the sale of other products is merely incidental. • Tobacco Related Devices. Tobacco -related devices includes any pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used with tobacco products. Tobacco -related devices shall include components of tobacco -related devices, which may be marketed or sold separately. • Vending Machine. Any mechanical, electric or electronic, or other type of device which dispenses licensed products upon the insertion of money, tokens or other forms of payment directly into the machine by the person seeking to purchase the licensed product. (amended 3/25/19; amd. 11/13/23); amd. 9/23/24) 350.03 License. No person shall sell or offer to sell any licensed product at a retail establishment without first having obtained a license to do so from the City. License applications shall be submitted to the City Clerk together with the license fees determined from time to time by the City Council. A license shall be issued for the specific premises identified in the application. (amended 3/26/07) Subd. 1 Application. A. An application for a license to sell licensed products at a retail establishment shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necess-ary. B. Upon receipt of a completed application and any investigation required thereby, the City ^ aminist - Clerk shall forward notice of the application to the City Council for action at a regularly scheduled Council meeting. If the City Admiais4at Clerk determines that an application is incomplete, the application shall be returned to the applicant with notice of the information required to complete the application. Subd. 2 Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City ^ dministr-at Clerk shall issue the license to the applicant. If the City Council denies the license, a notice of the denial shall be given to the applicant containing the City Council's reason for denial. Subd. 3 Terms. All licenses issued under this section shall be valid until December 31 of the year the license is issued. Page 4 of 10