09-25-2024 Council Packet - Laserfiche WebLink

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826.45 PROHIBITED SALES. It shall be a violation of this section for any person to sell or offer to sell any cannabinoid products or cannabinoid-related devices: (a) To any person under the age of 21 years. (b) By means of any type of vending machine. (c) By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premises in order to receive the cannabinoid products or cannabinoid-related devices and whereby there is not a physical exchange of the cannabinoid products or cannabinoid-related devices between the licensee, or the licensee's employee, and the customer, other than products that are intended to be consumed as a beverage. (d) By means of loosies. (e) By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. 826.50 SELF-SERVICE SALES. It is unlawful for a licensee under this section to allow the sale of cannabinoid products or cannabinoid-related devices, other than products that are intended to be consumed as a beverage, by any means whereby the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the cannabinoid products or cannabinoid-related devices between the licensee or their clerk and the customer. Non-beverage cannabinoid products or cannabinoid-related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling cannabinoid products or cannabinoid-related devices at the time the ordinance from which this section is derived is adopted shall comply with this section within 90 days following the effective date of the ordinance from which this section is derived. 826.60 RESPONSIBILITY. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of cannabinoid products or cannabinoid-related devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this section, state or federal law, or other applicable law or regulation. 826.70 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the county sheriff or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of his parents or guardians, minors over the age of 15 years but less than the age of 21 years, to enter the licensed premises to attempt to purchase cannabinoid products or cannabinoid- related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of cannabinoid products or cannabinoid-related devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or their employee and shall produce any identification, if any exists, for which they are asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law.