Duluth, MN Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Licensing authority
- Duluth city clerk
- License term
- May 1 to April 30
- Covers
- tobacco and e-cigarettes/vaping devices
- One location per license
- no vending machines, no movable sites
- Third violation penalty
- 7+ day sales suspension
Summary
No one may manufacture, sell, exchange, barter or keep tobacco or tobacco related devices, including electronic cigarettes, for sale in the City of Duluth without first obtaining a license from the city clerk under Chapter 11.
(a) For the purposes of this Chapter, the terms "tobacco" and "tobacco related devices" shall have the meanings given them in Section 609.685 of the Minnesota Statutes ... and shall include electronic cigarettes defined as any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device. ... (b) No person or any clerk, servant, employee or agent of any such person shall, within the city, directly or indirectly upon any pretense manufacture, sell, exchange, barter or keep for sale any tobacco or tobacco related devices without first having obtained a license therefor.
Full Breakdown
Duluth Legislative Code § 11-1 folds e-cigarettes into its licensing requirement: the chapter defines "tobacco related devices" to include any electronic-smoking device that delivers nicotine or other substances, whether marketed as an electronic cigarette, electronic cigar or electronic pipe, and bars any person or employee from manufacturing, selling, exchanging, bartering or keeping such products for sale in the city without a license. Licenses run May 1 through April 30 and are issued by the city clerk under § 11-3, with the annual fee set under § 31-6(a).
Section 11-4 forbids issuing a license for a movable place of business, for sale from a vending machine or other mechanical device, or for more than one location per license, and requires the applicant be of good moral character. The city clerk can deny a license under § 11-3(b) for a prior tobacco-related violation, a disqualifying conviction under Minnesota Statutes Chapter 364, material misstatements on the application, refusal to answer police or administrative questions, unpaid tobacco license fees, or if the applicant is under 21.
12, Subd. 7. Violations, including a sale to someone under 21, draw an administrative penalty under § 31-8; a second violation at the same location within 24 months carries a mandatory penalty, and a third within 24 months adds a mandatory suspension of at least seven days. Section 11-9's earlier youth-possession provision was repealed by Ordinance 10610 in 2019.
Violations & Fines
Selling, exchanging or keeping tobacco or tobacco related devices, including e-cigarettes, for sale without a Chapter 11 license is itself a violation. A sale to a person under 21 draws an administrative penalty under § 31-8; a second violation at the same location within 24 months carries a mandatory penalty, and a third within that period adds a suspension of the location's authority to sell tobacco for at least seven days.
Frequently Asked Questions
Does Duluth's tobacco license cover vape shops and e-cigarettes?
Can a Duluth tobacco license holder sell from more than one store?
What happens if a licensed store sells tobacco to someone under 21 more than once?
Sources & Official References
Other rules in Duluth
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