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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, oreisetine <br />^F^h^l^^"v^^ 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 met'^e OF lobe!?c deliver; de• iae- electronic delivery <br />vice between the licensee or his or her clerk and the customer. All tobacco, tobacco <br />products, tobacco -related devices, and nlootine e: !obe!'.c delivery de iGec 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 nicetine <br />GF lebelia deli •^^• d ^^s 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 neeatone er lebelia deliveFy deviGes 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 />