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CC WORKSESSION 08302010
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CC WORKSESSION 08302010
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substances except nicotine and other substances found naturally in tobacco or added as part of an <br />otherwise lawful manufacturing process; and /or <br />(F) To any other person, in any other manner or form prohibited by federal or state law <br />or regulation, or by local ordinance. <br />(1993 Code, § 510.07) Penalty, see § 10.99 <br />§ 111.051 VENDING MACHINES. <br />It shall be unlawful for any person licensed under this code to allow the sale of tobacco, <br />tobacco products, or tobacco related devices by the means of a vending machine unless minors <br />are at all times prohibited from entering the licensed establishment. <br />(1993 Code, § 510.08) Penalty, see § 10.99 <br />§ 111.052 SELF - SERVICE SALES. <br />(A) It shall be unlawful for a licensee under this code to allow the sale of single <br />packages of cigarettes or smokeless tobacco if the customer may have access to the items without <br />having to request the item from the licensee e€ or the licensee's employees and if there is not a <br />physical exchange of the single packages of cigarettes or smokeless tobacco between the licensee <br />or the licensee's clerk and the customer. All single packs of cigarettes or smokeless tobacco shall <br />either be stored behind a counter, in a case or other storage unit not left open and accessible to the <br />general public, or otherwise are not freely accessible to.customers. Any retailer selling single <br />packs of cigarettes or smokeless tobacco at the time of adoption of this subchapter, shall have 60 <br />days to comply with this section. <br />(B) At such time as the FDA regulations regarding self - service of tobacco products <br />are adopted, those provision shall be adopted by reference and supercede the current self - service <br />language of this section. <br />(1993 Code, § 510.09) Penalty, see § 10.99 <br />§ 111.053 RESPONSIBILITY. <br />All licensees under this subchapter shall be responsible for the actions of their employees <br />in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed <br />premises, and the sale of such an item by an employee shall be considered a sale by the license <br />holder. Nothing in this subchapter shall be construed as prohibiting the City from also subjecting <br />the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or other <br />applicable law or regulation. <br />(1993 Code, §510.10) <br />§ 111.054 COMPLIANCE CHECKS AND INSPECTIONS. <br />All licensed premises shall be open to inspection by the Police Department or other <br />authorized city official during regular business hours. At least once per year, the City shall <br />conduct compliance checks by engaging, with the written consent of their parents or guardians, <br />minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to <br />purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of <br />compliance checks shall be supervised by City designated law enforcement officers or other <br />designated City personnel. Minors used for compliance checks shall not be guilty of unlawful <br />possession of tobacco, tobacco products or tobacco related devices when the items are obtained as <br />
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