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05-25-2022 Council Packet
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05-25-2022 Council Packet
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11 <br /> <br /> (4) Every licensee is responsible for the conduct of its employees while on the <br />licensed premises. Any sale or other disposition of Licensed Products by an <br />employee of a licensee shall be considered an act of the licensee. <br /> <br />802.080. SALES TO PERSONS UNDER THE AGE OF 21. No person shall give, sell or <br />dispense any Licensed Products to a person under twenty-one (21) years of age. Any person aged 21 <br />years or older convicted of violating this section shall pay a fine of $100.00 for the first such <br />conviction. Any person aged 21 years or older convicted of violating this section twice shall pay a <br />fine of $125.00. Any person aged 21 years or older convicted of violating this section three times <br />shall pay a fine of $150.00. Any person aged 21 years or older convicted of violating this section <br />more than three times during any 24-month period may be guilty of a misdemeanor. Persons under <br />the age of 21 who are convicted of violating this section may only be subject to non-criminal, non- <br />monetary civil penalties, such as tobacco-related education classes, diversion programs, community <br />services, or another penalty that the city determines to be appropriate. <br /> <br />(a) Signage. Notice of the legal sales age and age verification requirement must be posted <br />prominently and in plain view at all times at each location where Licensed Products are <br />offered for sale. The required signage, which will be provided to the licensee by the City, <br />must be posted in a manner that is clearly visible to anyone who is or is considering making <br />a purchase. <br /> <br />802.080. PROHIBITED SALES. <br /> <br />(a) In general, no person shall sell or offer to sell any Licensed Product: <br /> <br />(1) By means of any type of Vending Machine. <br /> <br />(2) By means of Loosies. <br /> <br />(3) Containing opium, morphine, jimsom weed, bella donna, strychnos, cocaine, <br />marijuana, or other hallucinogenic, toxic or controlled substances except <br />nicotine and other substances found naturally in tobacco or added as part of an <br />otherwise lawful manufacturing process. It is not the intention of this provision <br />to ban the sale of lawfully manufactured cigarettes or other products subject to <br />this ordinance. <br /> <br />(4) By any other means, to any other person, or in any other manner or form <br />prohibited by federal, state or other local law, ordinance provision or other <br />regulation. <br /> <br />(5) If there is a conflict between regulation of the State and regulation of the City, <br />the more restrictive regulations shall control. <br /> <br />(b) Legal Age. No person shall sell any Licensed Product to any person under the age of <br />21. <br /> <br />(1) Age verification. Licensees must verify by means of government-issued <br />photographic identification containing the bearer’s date of birth that the <br />purchaser is at least 21 years of age. Verification is not required for a person
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