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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 5.35
License required for
All retail sale of tobacco products
Movable businesses
Ineligible for a license
First underage-sale fine
$300 administrative penalty
Second violation fine
$600 within 36 months
Employee fine
$50 individual penalty
License term
Expires December 31 each year

Summary

Section 5.35 requires a City license before selling any tobacco-related product at retail, bars issuance to movable or mobile businesses and anyone without a permanent Eden Prairie premises, and fines a licensee $300 for a first sale to someone under 21, rising to $600 for a second violation at the same location within 36 months.

Subd. 3. License Required. ... No person may keep for retail sale, sell at retail, or otherwise dispose of any tobacco-related product at any place in the City without first obtaining a license from the City. Subd. ... ... 5. Ineligibility. No license will be issued under this section to:A.A movable place of business; ... G.A person who does not have, or at the time of the issuance of a license does not plan to have, at least one permanent physical premises in the City on which the licensed business will be located. ... A.Administrative Penalties.1.If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco-related products to a person under the age of twenty-one (21) years, or violates any other provision of Minnesota Statutes, Chapter 461, the licensee will be charged an administrative penalty of $300.00 for the first violation. An administrative penalty of $600.00 will be imposed for a second violation at the same location within thirty-six (36) months after the initial violation.

Full Breakdown

Section 5.35, adopted by Ordinance No. 30-2018 and amended by Ordinance No. 23-2022, makes it unlawful under Subdivision 3 for anyone to "keep for retail sale, sell at retail, or otherwise dispose of any tobacco-related product" anywhere in the City without first getting a license. The section's definitions sweep broadly: "tobacco-related products" covers cigarettes, cigars, chewing tobacco, tobacco-related devices such as pipes and rolling papers, electronic delivery devices including vape pens and tank systems, and nicotine or lobelia delivery products, so the license requirement reaches vape shops and convenience stores alike.

Subdivision 5 disqualifies several categories of applicant outright: a movable place of business, defined to include kiosks, transportable structures, and vehicles, cannot be licensed at all, nor can anyone under 21, anyone who falsified a license application, or anyone tied to a tobacco license revoked or suspended in the past five years. Paragraph G adds that an applicant must have, or plan to have, at least one permanent physical premises in the City where the licensed business will operate, closing off any purely mobile retail model.

Applications go through the City for an application and investigation fee, a separate license fee once approved, and expire December 31 each year, with renewal due at least sixty days before expiration. Licenses can be suspended or revoked for fraud on the application, for violating Minnesota Statutes Chapter 461, the state's tobacco sales law, or for failing to pay an administrative penalty, following written notice and a hearing before an independent hearing officer whose recommendation goes to the City Manager for a final decision.

Violations & Fines

Selling, giving, or furnishing tobacco-related products to anyone under 21 costs a licensee a $300 administrative penalty for a first violation at a location and $600 for a second violation at the same location within 36 months, per Subdivision 8.A; the individual employee who made the sale can separately be fined $50, and repeat violations can suspend the location's tobacco license for at least seven days or lead to revocation.

Frequently Asked Questions

Can a mobile vape kiosk get a tobacco license in Eden Prairie?
No. Section 5.35, Subdivision 5.A bars any "movable place of business" from holding a tobacco-related products license, and Subdivision 5.G additionally requires the applicant to have a permanent physical premises in the City.
What products need a tobacco retail license?
Any tobacco-related product, a term Subdivision 2 defines to include cigarettes, cigars, chewing tobacco, tobacco devices like pipes and papers, and electronic delivery devices such as vape pens and tank systems, so both traditional tobacco shops and vape retailers need the license.
What is the fine for selling tobacco to someone under 21?
The licensee faces a $300 administrative penalty for a first violation at that location, $600 for a second violation within 36 months, and $1,000 plus a minimum seven-day suspension for a third, under Subdivision 8.A; the employee involved can be separately fined $50.
How long does an Eden Prairie tobacco license last?
Licenses expire December 31 of each year under Subdivision 6.G, and renewal applications are due at least sixty days before that expiration date, with the same verification process as a new application.

Sources & Official References

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