2016-03-08 P & Z Packet - Laserfiche WebLink

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Penalty, see § 116.99 Ord. 966, adopted - - § 116.08 SELF-SERVICE SALES. It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products or tobacco -related devices by any means whereby the customer may have access to the items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco products or the tobacco -related devices between the licensee or his or her clerk and the customer. All tobacco, tobacco products and tobacco -related devices shall either be stored behind a counter or other area, not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products or tobacco -related devices at the time this chapter is adopted shall comply with this section within 90 days. Self-service sales restrictions shall not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco -related products and which cannot be entered at any time by a person(s) younger than 18 years of age. Penalty, see § 116.99 Ord. #66, adopted - - § 116.09 RESPONSIBILITY. All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco -related devices on the licensed premises and the sale of the item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this chapter, state or federal law, or other applicable law or regulation. Ord. #66, adopted - - § 116.10 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the city police or other authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco - related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco -related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance 207 1 Page