A. In General: It shall be a violation of this chapter for any person to sell or offer to sell any licensed product.
1. By means of any type of vending machine.
2. By means of "loosies" as defined in section 5-6-2 of this chapter.
3. Containing opium, morphine, jimsonweed, 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. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products subject to this chapter.
4. By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation.
B. Legal Age: It shall be a violation of this chapter for any person to sell any licensed product to any person under the age of twenty-one (21).
1. Age Verification: Licensees must verify by means of government-issued photographic identification that the purchaser is at least twenty-one (21) years of age. Verification is not required for a person over the age of thirty (30). That the person appeared to be thirty (30) years of age or older does not constitute a defense to a violation of this subsection.
2. Signage: Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase.
C. Self-Service Sales: It shall be unlawful for a licensee under this chapter to allow the sale of licensed products tobacco, tobacco products, tobacco related devices, or electronic delivery devices by any self-service displays means whereby the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the licensed product tobacco, tobacco product, tobacco related device, or electronic delivery device between the licensee or his or her clerk and the customer. All licensed products tobacco, tobacco products, tobacco related devices, and electronic delivery devices shall either be stored behind a the sales counter, or other in another area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling licensed products tobacco, tobacco products, tobacco related devices, or electronic delivery devices at the time this chapter is adopted shall comply with this section within ninety (90) days following the effective date of this chapter.
D. Liquid Packaging: No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
E. Cigars: No person shall sell or offer to sell any cigar that is not within its intended retail packaging. This provision does not prohibit the sale of a single cigar with a retail price, after any discounts are applied and before . sales taxes are imposed, of at least two dollars ($2.00). (Ord. 2016-01, 1-5-2016; amd. Ord. 2022-001, 3-15-2022)