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1998-03-20 Packet w/o Agenda
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1998-03-20 Packet w/o Agenda
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A <br /> C. By means of self - service methods whereby the customer does not need to make <br /> a verbal or written request to an employee of the licensed premise in order to <br /> receive the tobacco, tobacco products, or tobacco related devices and whereby <br /> there is not a physical exchange of tobacco, tobacco products, or tobacco related <br /> device between the licensee or the licensee's employee, and the customer. <br /> D. By means of loosies as defined in Section 66.02 Subd. 6 of this ordinance. <br /> E. Containing opium, morphine, jimpson weed, Bella donna, strychnos, cocaine, <br /> marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances <br /> except nicotine and other substances found naturally in tobacco or added as part <br /> of an otherwise lawful manufacturing process. <br /> F. By any other means, to any other person, or in any other manner of form <br /> prohibited by Federal, State, or other local law, ordinance provision, or other <br /> regulation. <br /> 66.07 Vending Machines 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 <br /> means of a vending machine unless minors are at all times prohibited from entering the <br /> licensed establishment. <br /> 66.08 Self- Service Sales It shall be unlawful for a licensee under this ordinance to <br /> allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby <br /> the customer may have access to such items without having to request the item from the licensee <br /> or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco <br /> products, or the tobacco related devices between the licensee or his or her clerk and the customer. <br /> All tobacco, tobacco products, and tobacco related devices shall either be stored behind a <br /> counter or other area, not freely accessible to customers, or in a case or other storage unit not <br /> left open and accessible to the general public. Any retailer selling tobacco, tobacco products, <br /> or tobacco related devices at the time this ordinance is adopted shall comply with this Section <br /> within 90 days. Self- service sales restriction shall not apply to retail stores which derive at <br /> least 90% of their revenue from tobacco and tobacco related products and which cannot be <br /> entered at any time by a person(s) younger than 18 years of age. <br /> 66.09 Responsibility All licensees under this ordinance shall be responsible for the <br /> actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related <br /> devices on the licensed premises and the sale of such an item by an employee shall be considered <br /> a sale by the license holder. Nothing in this section shall be construed as prohibiting the City <br /> from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State <br /> or Federal law, or other applicable law or regulation. <br /> 66.10 Compliance Checks and Inspections All licensed premises shall be open to <br /> inspection by the city police or other authorized city official during regular business hours. <br /> From time to time, but at least once per year, the city shall conduct compliance checks by <br /> 5 <br />
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