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2. Convicted Persons. Licenses may be denied any Applicant who has been convicted within the <br />past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other <br />regulation relating to licensed products. <br />3. License Revocations. A license may be denied any Applicant who has had a license to sell <br />licensed products revoked with the twelve (12) month period preceding the effective date of <br />receipt of Application. <br />4. Information. A license may be denied to any Applicant who fails to provide all information <br />required on the Application or who provides false or misleading information on the Application or <br />to City officials. <br />5. Prohibited by Others. A license shall be denied any Applicant who is prohibited by Federal, <br />State, or other local law, ordinance, or other regulation from holding such a license. <br />6. Moveable Place of Business. A license shall be denied to any Applicant whose Retail <br />Establishment is a Moveable Place of Business. <br />Section 5. <br />1. Prohibited Sales. It shall be unlawful for any Person to sell or offer for sale any licensed products as <br />follows: <br />1. Sales To or By Persons under the Age of 21 Years. To any person or by any employee under the <br />age of twenty-one (21) years. <br />2. Vending Machines. By means of any type of vending machine unless access by persons under the <br />age of 21 years to the premises of the licensed Retail Establishment are prohibited by law and the <br />premises of and vending machine in the licensed Retail Establishment are under the direct and <br />constant control of the Licensee or employees of the Licensee who are over the age of 21 years. <br />3. Self -Service Sales and Manufacturing. By means of self-service methods as defined in Sections <br />2.3.16 and 2.3.17 and whereby the customer does not need to make a verbal or written request to <br />the Licensee or an employee of the Licensee, except as defined in Section 6.1.1. <br />4. Loosies. By means of Loosies as defined in Section 2.3.9. <br />5. Controlled Substances. Containing opium, morphine, jimson weed, bella donna, strychnos, <br />cocaine, or other deleterious, hallucinogenic, toxic, or otherwise controlled substances except <br />nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful <br />manufacturing process. <br />6. Other Means. By any other means, to any person, or in any other manner or form prohibited by <br />Federal, State, or other local law, ordinance provision, or other regulation. <br />Section 6. <br />1. Self -Service Sales. It shall be unlawful for a Licensee under this Ordinance to sell or offer for sale licensed <br />products, by any means whereby the customer may have access to such items without having to make a <br />verbal, written, or other request of the Licensee or an employee of the Licensee and whereby there is not a <br />physical exchange of the licensed products, between the customer and the Licensee or an employee of the <br />Licensee. All licensed products shall be stored behind a counter, in a case, or other closed storage area not <br />freely accessible to the general public. <br />1. Exemptions for Restricted Areas. Under State law, the self-service restrictions described in 6.1 <br />shall not apply to facilities that cannot be entered at any time by persons under the age of 21 years. <br />Ordinance No. 68 Tobacco Regulation <br />