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Ordinance 2012-004 350.07 Self -Service Sales. It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices by any means whereby the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby it is not a physical exchange of the tobacco, tobacco product, tobacco -related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices at the time this section is adopted shall comply with this section within 90 days following the effective date of this section. This section shall not apply to any licensee whose total annual sales volume of tobacco, tobacco products, tobacco -related devices is 90% or more. 350.08 Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this section, state or federal law, or other applicable law or regulation. 350.09 Compliance Checks and Inspections. All licensed premises shall be open to inspections by the City police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15, but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by City designated Page 10 of 14