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Ordinance 885 <br /> Page 9 <br /> Subd. 4. By means of loosies as defined in Section 512.02. <br /> Subd. 5. Containing opium, morphine,jimson weed, bella donna, strychnos, cocaine, <br /> marijuana, or other deleterious, 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 to ban <br /> the sale of lawfully manufactured cigarettes or other tobacco products. <br /> Subd. 6. By any other means, to any other person, on in any other manner or form <br /> prohibited by federal, state or other local law, ordinance provision, or other regulation. <br /> Subd. 7. Such sales are prohibited before 10:00 A.M. and after 10:00 P.M. at any <br /> retail establishment that derives more than 90 percent of its gross revenue from the <br /> sale of tobacco, tobacco related products, and tobacco-related devices. <br /> 512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this <br /> chapter to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine <br /> or lobelia delivery electronic delivery device by any means where by the customer may <br /> have access to those items without having to request the item from the licensee or the <br /> licensee's employee and whereby there is not a physical exchange of the tobacco,tobacco <br /> product, tobacco-related device, or nicotine or lobelia delivery device electronic delivery <br /> device between the licensee or his or her clerk and the customer. All tobacco, tobacco <br /> products, tobacco-related devices, and - •- . -.- .- •. - e - .' - electronic <br /> delivery devices shall either be stored behind a counter or other area not freely accessible <br /> to customers, or in a case or other storage unit not left open and accessible to the general <br /> public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine <br /> or lobelia delivery devices electronic delivery devices at the time this Chapter is adopted <br /> shall comply with this section within 90 days following the effective date of this Chapter. <br /> 512.08: RESPONSIBILITY: All licensees under this Chapter shall be responsible for <br /> the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco- <br /> related devices, or e •- - - -- '. - - '. - . .- .' - electronic delivery devices on the <br /> licensed premises, and the sale of an item by an employee shall be considered a sale by <br /> the license holder. Nothing in this section shall be construed as prohibiting the City from <br /> also subjecting the clerk to whatever penalties are appropriate under this Chapter, state or <br /> federal law, or other applicable law or regulation. <br />