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Establishment are under the direct and constant control of the Licensee or employees of the <br />Licensee who are over the age of eighteen 21(18) years. <br />3. Self-Service Sales and Merchandising. By means of self-service methods as defined in <br />Sections 2.3.3 16 and 2.3.4 17 and whereby the customer does not need to make a verbal or <br />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 2.3.9.7. <br />5. Controlled Substances. Containing opium, morphine, jimson weed, bella donna, strychnos, <br />cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or otherwise controlled <br />substances except nicotine and other substances found naturally in tobacco or added as part of <br />an otherwise 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 , Tobacco, Tobacco Products, or Related Tobacco Devices by any means whereby the <br />customer may have access to such items without having to make a verbal, written, or other request of <br />the Licensee or an employee of the Licensee and whereby there is not a physical exchange of the <br />licensed products,Tobacco, Tobacco Products, or Related Tobacco Devices between the customer and <br />the Licensee or an employee of the Licensee. All licensed products,Tobacco, Tobacco Products, and <br />Related Tobacco Devices 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 Cartons or Multi-Packs. Under State law, the self-service sale of cartons <br />and multi-packs shall be allowed until such time as the FDA regulations take full effect at <br />which time this Section may be repealed . <br />2.1. 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.Retail Establishments where access by Minors to the premises of the licensed Retail <br />Establishment are prohibited by law and the premises of the licensed Retail Establishment are <br />under the direct and constant control of the Licensee or employees of the Licensee who are <br />over the age of eighteen (18) years. <br />3.2. 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 total gross <br />revenue from the sale of licensed products, Tobacco, Tobacco Products, and Related Tobacco <br />Devices and where the retailer ensures that no person under the age of 21 years is present, or <br />permitted to enter, at any time.access by Minors to the premises of the licensed Retail <br />Establishment are prohibited by law. <br />2. Conversion of Premises. Licensees under this Ordinance shall, within sixty (60) days of the effective <br />date of this Ordinance, but not later than the 28 th day of February in the year 1998 shall bring their <br />licensed premises into compliance with this Section, unless otherwise directed in writing by the <br />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 sale of licensed products, Tobacco, Tobacco Products, and Related <br />Tobacco Devices on the premises of the licensed Retail Establishment, and the sale of such an item by <br />an employee shall be considered a sale by the Licensee. Nothing in this Ordinance shall be construed <br />Commented [EM6]: Q for Attorney - Does this need to be <br />included still or no?