(A) It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device:
(1) To any person under the age of 21 years;
(2) By means of any type of vending machine;
(3) By means of self-service merchandising, unless the licensee is granted an exemption under the licensee's license as provided herein; or
(4) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process.
(5) A licensee under this chapter may be exempt from the self-service merchandising prohibition set forth above if:
(a) The licensee's establishment derives 90% or more of its total revenues from tobacco, tobacco products and tobacco related device sales;
(b) The licensee prohibits any person under the age of 21 from entering the licensed premises at all times; and
(c) The licensee's license authorizes self-service merchandising and is subject to the condition that no person under the age of 21 shall be permitted within the licensed premises at any time.
(B) It is not unlawful for any person who has attained the age of 18 years to enter a licensed premises for the purpose to perform work for the establishment, including the sale of tobacco, tobacco products and tobacco related devices, unless otherwise prohibited by statute.
(‘81 Code, § 14-13) (Ord. 657, passed 6-10-99; Am. Ord. 903, passed 9-23-10; Am. Ord. 1077, passed 8-13-20)