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Duluth, MN Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Yes. Section 11-1 defines tobacco related devices to include electronic-smoking devices used to deliver nicotine, regardless of whether they are sold as electronic cigarettes, cigars or pipes, so a retailer selling vaping products needs the same Chapter 11 license as a cigarette retailer.
Can a Duluth tobacco license holder sell from more than one store?
No. Section 11-4 requires a separate license for each place of business and bars issuing any license for a movable place of business or for sale at more than one location under a single license.
What happens if a licensed store sells tobacco to someone under 21 more than once?
Section 11-5(c) requires an administrative penalty under § 31-8 for a second violation at the same location within 24 months, and for a third violation in that window the licensee's authority to sell tobacco there must be suspended for not less than seven days.

Sources & Official References

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