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<br /> - <br />.' <br />I tobacco, tobacco products, or tobacco related devices by means of a vending machine unless the <br />I- machine is continually and constantly in plain view of the licensee or of his or her employee, is <br /> operated only upon activation by the licensee or his or her employee, and complies in all other <br /> respects with the State laws regarding the location and operation of such vending machines. <br />I Option #3: Subd. I Prohibition. It shall be unlawful for any person licensed under this <br /> ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means <br />I of a vending machine. <br />I Suhd. 2 Exceptions. The prohibition in Subd. I shall not apply to the following <br /> locations: mote: The following are common examples of exceptions and are not <br />I intended to be an exhaustive or exclusive list.) <br />I A. Exclusive liquor establishments (Intoxicating or non- intoxicating, on- <br /> sale or off-sale). <br />. B. Bowling Centers, in the portion of the building where alcoholic <br /> beverages are sold and consumed and not generally frequented by minors. <br />Ie C. Other businesses where minors are excluded as a matter of age. <br /> Section 800. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to <br />I allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by <br /> the customer may have access to such items without having to request the item from the licensee <br />. or the licensee's employee. All tobacco, tobacco products, and tobacco related devices shall <br /> either be stored behind a counter or other area not freely accessible to customers, or in a case or <br /> other storage unit not left open and accessible to the general public. Any retailer selling tobacco, <br />I tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply <br /> with this Section within _ days mote: Fill in the blank. City needs to determine a reasonable <br /> time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.) <br />I following the effective date of this ordinance. (Note: While this ordinance is intended to help <br /> prevent youth access, a city does not want to impose undue hardship on its businesses. <br /> Therefore, each city must determine what it believes to be reasonable for a store to do if the city <br />I elects to prohibit self-service sales. Alternatives to or additional requirements might include the <br /> use of price lock-out scanners, theft deterrent tagging on packages and cartons, installation of a <br /> signaling device that sounds warning a clerk whenever anybody enters the area where tobacco, <br />. tobacco products, and tobacco related devices are being sold or when a package or carton is <br /> removed from thc storage unit, and requiring that all tobacco, tobacco products and tobacco <br />I related devices be stored within the normal line of sight of the clerk. In addition, a waiver of the <br /> strictest rcquirements might be provided for where the licensee can show undue hardship and a <br /> satist'1ctory alternative for preventing youth access.) <br />f' <br />I <br /> ----- - <br />