Apple Valley, MN Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- License required for
- Tobacco, tobacco products, tobacco related devices, and vape products
- Approving body
- City Council after Police Department investigation
- License expiration
- December 31 of odd-numbered years
- Minimum purchase age
- 21 years
- Self-service exemption
- 90% of revenue from tobacco and under-21 ban
- Compliance checks
- At least once per calendar year
Summary
In the City of Apple Valley, Minnesota, in Dakota County, no one can sell or offer to sell tobacco, tobacco products or tobacco related devices without a city license, and § 115.19 applies the same license, sale and enforcement rules to electronic delivery devices such as vape pens. The City Council approves or denies each application, and licenses expire December 31 of odd-numbered years.
No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license therefor from the city.
Full Breakdown
Chapter 115 licenses retail tobacco sellers in the City of Apple Valley, Minnesota. Section 115.03 requires a city license before any sale or offer to sell, and § 115.19 extends every license, sale, purchase, possession, use and enforcement provision to electronic delivery devices and nicotine and lobelia delivery products. The definition in § 115.02 names electronic cigarettes, electronic cigars, electronic pipes, vape pens, modes and tank systems, and excludes products approved by the FDA as tobacco-cessation or other medical products that are marketed for that purpose.
The application is a city form listing the applicant, the business name and address, and the operating manager, with the manager's date of birth. The Police Department investigates, and the City Council then approves or denies at a regularly scheduled meeting. Under § 115.05(D) the Council can deny a license if the applicant is under 21, has a tobacco-related conviction within the past five years, had a tobacco license revoked within the preceding 12 months, gave false or missing information, or is barred by other law. The fee comes from the city's schedule of fees, and no renewal issues without full payment. Licenses expire on December 31 of odd-numbered years, with the fee prorated quarterly for a license issued in an odd-numbered year. Each license is valid only for its premises and the person named, must be posted in plain view, and ends with any transfer or change of ownership. Section 115.09 states that no license shall be issued to a moveable place of business, a term that covers sales by mail, courier, online or out of a vehicle.
Operating rules follow. Sales to anyone under 21 are unlawful, as are vending machines and self-service merchandising, unless the licensee derives 90% or more of its revenues from tobacco, tobacco products and tobacco related devices and bars everyone under 21 at all times. Other product stays behind a counter or in a case that is not freely accessible. Liquid for electronic delivery devices has to be in child-resistant packaging as required in M.S. § 461.20. The city runs unannounced compliance checks at least once per calendar year using underage persons aged 17 years but less than 21.
Violations & Fines
A violation brings a citation and, if requested within ten days, a hearing held not more than 21 days after the request before the Community Development Director or designee, with appeal to district court. A licensee pays the administrative penalty mandated by M.S. Chapter 461, and after the third offense the license is suspended for not less than the duration mandated there. Each day is a separate offense, and any violation is a misdemeanor; if the violator is criminally charged, no administrative penalty is imposed.
Frequently Asked Questions
Do vape shops need the same license as tobacco retailers?
How long does the license last?
Can a business sell tobacco from a truck or online without a location?
What is the minimum age to buy or hold a license?
Sources & Official References
Other rules in Apple Valley
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