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manner that is clearly visible to anyone who is or is considering making a <br />purchase. <br />Subd. 2 No person shall sell or offer for sale any flavored products. <br />Subd. 3 By means of any type of vending machine. <br />Subd. 4 By means of self-service methods whereby the customer does not need to make a <br />verbal or written request to an employee of the licensed premises in order to receive the licensed <br />product and whereby there is not a physical exchange of the licensed product between the <br />licensee, or the licensee's employee, and the customer. <br />Subd. 5 By means of "loosies" as defined in 350.02 Definitions. <br />Subd. 6 Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, <br />marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine <br />and other substances found naturally in tobacco or added as part of an otherwise lawful <br />manufacturing process. It is not the intention of this provision to ban the sale of lawfully <br />manufactured cigarettes or other tobacco products. <br />Subd. 7 No person shall sell or offer for sale any liquid, whether or not such liquid contains <br />nicotine, which is intended for human consumption and use in an electronic delivery device, in <br />packaging that is not child -resistant. Upon request, a licensee must provide a copy of the <br />certificate of compliance or full laboratory testing report for the packaging use. <br />Subd. 8 By any means, to any other person, or in any other manner or form prohibited by <br />federal, state or other local law, ordinance provision, or other regulation. <br />350.07 Self -Service Sales. <br />It shall be unlawful for a licensee under this chapter to allow the sale of licensed products by any <br />means whereby the customer may have access to those items without having to request the item <br />from the licensee or the licensee's employee and whereby it is not a physical exchange of the <br />licensed product between the licensee or his or her clerk and the customer. All licensed products <br />shall either be stored behind a counter or other area not freely accessible to customers, or in a <br />case or other storage unit not left open and accessible to the general public. Any retailer selling <br />licensed products at the time this section is adopted shall comply with this section within 90 days <br />following the effective date of this section. This section shall not apply to any licensee whose <br />total annual sales volume of licensed products is 90% or more. <br />350.08 Responsibility. <br />All licensees under this section shall be responsible for the actions of their employees in regard <br />to the sale of licensed products on the licensed premises, and the sale of an item by an employee <br />shall be considered a sale by the license holder. Nothing in this section shall be construed as <br />prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under <br />this section, state or federal law, or other applicable law or regulation. <br />7 <br />199122v1 <br />