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2002-11-13 CC Packet
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2002-11-13 CC Packet
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<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 /> <br />D. By means ofloosies as defined in Section 66.02 Subd. 6 of this ordinance. <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />L_______ ___ _ _ <br /> <br />5 <br />
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