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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 seetion shall not apply to any lieensee <br />. 1.,. _ +-+-I .,«.., 1 .,.,1- . 1,,,. _ ,.-P1;--- ,-A «,.,],,,.+� ;� CIAO/ __ ... __ <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 7 of 10 <br />