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Ord 865 <br />Page 7 <br /> <br />d. The applicant fails to provide any information required on the application, or provides <br />false or misleading information. <br /> <br />e. The applicant is prohibited by federal, state, or other local law, ordinance, or other <br />regulation from holding a license. <br /> <br />Subd. 2. However, except as may otherwise be provided by law, the existence of any particular <br />ground for denial does not mean that the City must deny the license. <br /> <br />Subd. 3. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the <br />discovery that the person was ineligible for the license under this chapter. <br /> <br />512.06: PROHIBITED SALES: It shall be a violation of this Chapter for any person to sell or <br />offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery <br />device: <br /> <br />Subd. 1. To any person under the age of 18 years. <br /> <br />Subd. 2. By means of any type of vending machine. <br /> <br />Subd. 3. By means of self-service methods whereby the customer does not need to a make a <br />verbal or written request to an employee of the licensed premise in order to receive the <br />tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and <br />whereby the there is not a physical exchange of the tobacco, tobacco product, tobacco-related <br />device, or nicotine or lobelia delivery device between the licensee, or the licensee's <br />employee, and the customer. <br /> <br />Subd. 4. By means of Loosies as defined in Section 512.02. <br /> <br />Subd. 5. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, <br />or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other <br />substances found naturally in tobacco or added as part of an otherwise lawful manufacturing <br />process. It is not the intention of this provision to ban the sale of lawfully manufactured <br />cigarettes or other tobacco products. <br /> <br />Subd. 6. By any other means, to any other person, on in any other manner or form prohibited by <br />federal, state or other local law, ordinance provision, or other regulation. <br /> <br />512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to <br />allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery <br />devices by any means where by the customer may have access to those items without having to <br />request the item from the licensee or the licensee's employee and whereby there is not a physical <br />exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery <br />device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, <br />tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a <br />counter or other area not freely accessible to customers, or in a case or other storage unit not left <br />open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco- <br />related devices, or nicotine or lobelia delivery devices at the time this Chapter is adopted shall <br />comply with this section within 90 days following the effective date of this Chapter. <br />