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provided to the purchaser by an employee of the licensee; <br />and <br />(ii) The vending machine shall be located in the immediate <br />vicinity, plain view and control of a responsible employee <br />of the licensee, so that all purchases will be readily <br />observable by the employee of the licensee. The vending <br />machine shall not be located in a coatroom, restroom, <br />unmonitored hallway, outer waiting area or similar <br />unmonitored areas. The vending machine shall be <br />inaccessible to the public when the establishment is closed. <br />(2) No sales shall be made by means of self - service methods <br />whereby the customer does not need to a make a verbal or written <br />request to an employee of the licensed premise in order to receive <br />the tobacco. tobacco product. tobacco- related device, or nicotine or <br />lobelia delivery device and whereby there is not a physical <br />exchange of the tobacco tobacco product tobacco - related device, <br />or nicotine or lobelia delivery device between the licensee, or the <br />licensee's employee and the customer. <br />(3) A licensee shall comply with all applicable regulations of <br />the State of Minnesota relating to the sale or dispensing of <br />Tobacco Products. If there is a conflict between the regulations of <br />the State and the regulations of the City, the more restrictive <br />regulations shall control. <br />(4) Every licensee is responsible for the conduct of its <br />employees while on the licensed premises. Any sale or other <br />disposition of Tobacco Products by an employee of a licensee to a <br />petsetHn.. _' -- t -: shall be considered an act <br />of the licensee. <br />Section 7 <br />Change the text of Section 802.080 as follows: <br />802.080. SALES TO MINORS. No person shall give, sell or dispense <br />any Tobacco Product or nicotine or lobelia delivery device to a person under <br />eighteen (18) years of age. Any person convicted of violating this section shall <br />pay a fine of $100.00 for the first such conviction. Any person convicted to <br />violating this section twice shall pay a fine of $125.00. Any person convicted of <br />violating this section three times shall pay a fine of $150.00. Any person <br />convicted of violating this section more than three times during any 24 -month <br />period shall be guilty of a misdemeanor. <br />5 <br />