§ 14.439  PROHIBITED ACTS.
   (a)   No shall sell or offer for sale any to any under the age of 21 years. No shall sell, offer for sale or dispense any through the use of vending machines. No shall sell, offer for sale or dispense in open displays which are accessible to the public without the intervention of a store employee. This restriction shall not apply to a license holder who derives at least 90% of their revenue from , prohibits anyone under 21 years of age from entering the establishment at all times, and who conspicuously displays a notice prohibiting under 21 years of age from entering the establishment.
   (b)   Reserved.
   (c)   It shall be a violation of this chapter for any to sell, offer to sell or distribute in a package containing five or fewer . However, this restriction shall not apply where the package has a retail sales price of at least $2.60 per contained therein, after any price promotions or discounts are taken into account and before the imposition of sales tax, but after the imposition of excise tax. Packages containing more than five shall be priced the same as, or more than, the minimum price established herein for a package containing five .
      (1)   This subsection (c) shall not apply to premium as defined in M.S. § 297F.01, subd. 13a, as it may be amended from time to time, and to product shops only accessible to 21 years of age or older.
      (2)   The minimum pricing established in this section shall be adjusted periodically for inflation at least every three years.
   (d)   Effective date. The effective date of the requirement of this section is effective upon passage.
   (e)   Age verification. Licensees must verify by means of government-issued photographic identification that the purchaser is at least 21 year of age. Verification is not required for a over the age of 30. That the appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection.
   (f)   Liquid packaging. No shall sell or offer for sale any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an , in packaging that is not child-resistant. Upon request, a licensee must product a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(Ord. 92-37, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 96-4, passed 3-18-1996; Ord. 96-66, passed 12-16-1996; Ord. 97-41, passed 9-15-1997; Ord. 2011-11, passed 4-4-2011; Ord. 2014-17, passed 11-17-2014; Ord. 2017-37, passed 11-6-2017)