Ordinance 865 - Laserfiche WebLink

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Ord 865 Page 7 Subd. 3. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 512.06: PROHIBITED SALES: It shall be a violation of this Chapter for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: Subd. 1. To any person under the age of 18 years. Subd. 2. By means of any type of vending machine. Subd. 3. 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 premise in order to receive the tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device and whereby the there is not a physical exchange of the tobacco,tobacco product,tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. Subd. 4. By means of loosies as defined in Section 512.02. Subd. 5. Containing opium,morphine,jimson weed,bella donna,strychnos,cocaine,marijuana, or other deleterious,hallucinogenic,toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Subd. 6. 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. Subd. 7. Such sales are prohibited before 9:00 A.M. and after 10:00 P.M. at any retail establishment that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco related products, and tobacco-related devices. 512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to allow the sale of tobacco,tobacco products,tobacco-related devices,or nicotine or lobelia delivery devices by any means where by 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 tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery 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 tobacco,tobacco products,tobacco- related devices, or nicotine or lobelia delivery devices at the time this Chapter is adopted shall comply with this section within 90 days following the effective date of this Chapter.