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2024 05-14 PC PACKET
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2024 05-14 PC PACKET
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Last modified
12/9/2025 8:09:17 AM
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12/9/2025 8:08:58 AM
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Administration
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ADM 05000
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PLANNING PACKET
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PERMANENT
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written request to the Licensee or an employee of the Licensee, except as defined in Section <br />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 <br />lawful manufacturing process. <br />6. Other Means. By any other means, to any person, or in any other manner or form prohibited <br />by 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 <br />licensed products, by any means whereby the customer may have access to such items without having <br />to make a verbal, written, or other request of the Licensee or an employee of the Licensee and whereby <br />there is not a physical exchange of the licensed products, between the customer and the Licensee or an <br />employee of the Licensee. All licensed products, shall be stored behind a counter, in a case, or other <br />closed storage area not freely accessible to the general public. <br />1. Exemptions for Restricted Areas. Under State law, the self-service restrictions described in <br />6.1 shall not apply to facilities that cannot be entered at any time by persons under the age of <br />21 years. <br />2. Other Exemptions. Under State law, the self-service restrictions described in 6.1 shall not <br />apply to Retail Establishments which derive at least ninety (90%) percent of their gross <br />revenue from the sale of licensed products, and where the retailer ensures that no person <br />under the age of 21 years is present, or permitted to enter, at any time. <br />2. Conversion of Premises. Licensees under this Ordinance shall, within sixty (60) days of the effective <br />date of this Ordinance, bring their licensed premises into compliance with this Section, unless <br />otherwise directed in writing by the Administrator. <br />Section 7. <br />1. Responsibility. All Licensees under this Ordinance shall be responsible for the actions of their <br />employees in regard to the sale of licensed products, on the premises of the licensed Retail <br />Establishment, and the sale of such an item by an employee shall be considered a sale by the Licensee. <br />Nothing in this Ordinance shall be construed as prohibiting the City from also subjecting the employee <br />of the Licensee to whatever penalties are appropriate under this Ordinance, State or Federal law, or <br />other applicable law or regulation. <br />Section 8. <br />1. City Compliance Checks and Inspections. From time to time, but not less than once during each <br />term of the license, the City or its authorized agent shall conduct compliance checks by engaging <br />persons at least 17 years of age, but under the age of 21 years, who, with the prior written consent of a <br />parent or guardian if the person is under the age of 18 years, to enter upon the premises of the licensed <br />Retail Establishment and to attempt to purchase licensed products as follows: <br />1. Right of Entry. All premises of licensed Retail Establishments shall be open to inspection by <br />the City’s law enforcement agency or other authorized City official or agent of the City during <br />regular business hours. <br />2. Supervision. Persons under the age of 21 years used for the purpose of compliance checks <br />shall be supervised by designated law enforcement officers or other authorized personnel of <br />the City.
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