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2024-011 and Summary
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2024-011 and Summary
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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 certificate <br /> of compliance or full laboratory testing report for the packaging use. <br /> (B) It shall be a violation of this section for any person to sell or offer to sell any product by <br /> any means, to any other person, or in any other manner or form prohibited by federal, state or <br /> other local law, ordinance provision, or other regulation. <br /> (amd. 7/8/19; amd. 11/13/23) <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 <br /> any means whereby the customer may have access to those items without having to request the <br /> item from the licensee or the licensee's employee and whereby it is not a physical exchange of <br /> the licensed product between the licensee or his or her clerk and the customer.All licensed <br /> products shall either be stored behind a counter or other area not freely accessible to customers, <br /> or in a case or other storage unit not left open and accessible to the general public.Any retailer <br /> selling licensed products at the time this section is adopted shall comply with this section within <br /> 90 days following the effective date of this section. This seefien shall not apply to a heefisee <br /> whose total amual sales volume of heensed preduets is 90-% or more. <br /> (amd. 3/25/19; amd. 9/23/24)- <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 /> (amd. 3/25/19) <br /> 350.09 Compliance Checks and Inspections. <br /> All licensed premises shall be open to inspections by the City police or other authorized City <br /> official during regular business hours. From time to time,but at least twice per year, the City <br /> shall conduct compliance checks by engaging persons over the age of 15,but less than 21 years <br /> to enter the licensed premise to attempt to purchase licensed products. Prior written consent of a <br /> minor's parent or guardian is required for any person under the age of 18 who participates in a <br /> compliance check. <br /> Persons used for the purpose of compliance checks shall be supervised by City designated law <br /> enforcement officers or other designated City personnel. No persons under age 21 used in <br /> compliance checks shall attempt to use a false identification misrepresenting the person's age, <br /> and all persons under the age of 21 lawfully engaged in a compliance check shall answer all <br /> questions about the person's age asked by the licensee or his or her employee, and shall produce <br /> any identification, if any exists, for which he or she is asked. Nothing in this section shall <br /> prohibit compliance checks authorized by state or federal laws for educational, research, or <br /> training purposes, or required for the enforcement of a particular state or federal law. (amended <br /> 3/26/07) <br /> (amd. 3/25/19) <br /> Page 7of10 <br />
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