Laserfiche WebLink
<br />licensee or the licensee’s employee and where there is not a physical exchange of the licensed <br />product from the licensee or the licensee’s employee to the customer. All licensed products must be <br />stored behind the sales counter, in another area not freely accessible to customers, or in a case or <br />other storage unit not left open and accessible to the general public. Any retailer selling licensed <br />products at the time this ordinance is adopted must comply with this section within 90 days of the <br />effective date of this ordinance. <br /> <br />(D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid <br />contains nicotine, which is intended for human consumption and use in an electronic delivery <br />device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a <br />copy of the certificate of compliance or full laboratory testing report for the packaging used. <br /> <br />(D)(E) Flavored Products. No person shall sell or offer for sale any flavored products. <br /> <br /> <br />§ 111.052 RESPONSIBILITY. <br /> <br />All licensees under this subchapter shall be responsible for the actions of their employees in regard <br />to the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to <br />sell, or furnishing of any licensed product by an employee shall be considered an act of the license <br />holder. Nothing in this subchapter shall be construed as prohibiting the city from also subjecting the <br />clerk to whatever penalties are appropriate under this subchapter, state or federal law, or other applicable <br />law or regulation. <br /> <br /> <br />§ 111.053 COMPLIANCE CHECKS AND INSPECTIONS. <br /> <br />All licensed premises must be open to inspection by law enforcement or other authorized city <br />officials during regular business hours. From time to time, but at least [twice] per year, the city will <br />conduct compliance checks. In accordance with state law, the city will conduct a compliance check that <br />involves the participation of a person at least 17 years of age, but under the age of 21 [at least one compliance <br />check that involves the participation of two persons: one person between the ages of 15 and 17 and one <br />person between the ages of 18 and 20] [at least one compliance check that involves the participation of <br />a person between the ages of 15 and 17 and at least one compliance check that involves the <br />participation of a person between the ages of 18 and 20] to enter licensed premises to attempt to <br />purchase licensed products. Prior written consent from a parent or guardian is required for any person <br />under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance <br />checks will be supervised by law enforcement or other designated personnel. No person used in <br />compliance checks shall attempt to use a false identification misrepresenting the person’s age, and all <br />persons lawfully engaged in a compliance check shall answer all questions about their age asked by the <br />licensee or the licensee’s employee and shall produce any identification, if any exists, for which the <br />person is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal <br />laws for educational, research, or training purposes, or required for the enforcement of a particular state <br />or federal law. <br /> <br /> <br />§ 111.054 OTHER PROHIBITED ACTS. <br /> <br />Unless otherwise provided, the following acts are an administrative violation of this ordinance: <br /> <br />Commented [PHLC13]: This language, combined with the <br />definition of flavored product above, would accomplish a <br />complete sales prohibition on all flavored tobacco products. <br /> <br />Research demonstrates that flavored licensed products are <br />especially attractive to youth. These products increase <br />initiation amongst all populations by masking the harsh taste <br />of tobacco and nicotine. Flavors like menthol and clove also <br />provide a numbing effect that lead to longer breath-holding. <br />This makes quitting flavored licensed products more <br />difficult. Overwhelmingly, youth users of licensed products <br />initiate commercial tobacco use by using flavored products. <br />Prohibiting the sale of flavored licensed products would <br />reduce youth access to and advertisements for these <br />products. <br />Commented [PHLC14]: State law requires every local <br />licensing authority to conduct at least one compliance check <br />each year. This state-mandated compliance check “must <br />involve persons at least 17 years of age, but under the age of <br />21” as of August 1, 2020.