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05-25-2022 Council Packet
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05-25-2022 Council Packet
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9 <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 <br />over the age of 30. That the person appeared to be 30 years of age or older <br />does not constitute a defense to a violation of this subsection. <br /> <br />(2) Signage. Notice of the legal sales age, age verification requirement and <br />possible penalties for underage sales must be posted prominently and in plain <br />view at all times at each location where Licensed Products are offered for sale. <br />The required signage may be provided to the licensee by the City and must be <br />posted in a manner that is clearly visible to anyone who is or is considering <br />making a purchase. <br /> <br />(c) Liquid packaging. No person shall sell, offer to sell any liquid, whether or not such <br />liquid contains nicotine, which is intended for human consumption and use in an <br />electronic delivery devide, in packaging that is not Child-Resistant. Upon request by <br />the city, a licensee must provide a copy of the certificate of compliance or full <br />laboratory testing report for the packaging used. <br /> <br /> 802.090. RESPONSIBILITY. All licensees are responsible for the actions of their employees <br />regarding the sale, offer to sell and furnishing of Licensed Products on the licensed premises. The <br />sale, offer to sell or furnishing of any Licensed Products by an employee shall be considered an act <br />of the licensee. <br />
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