(A)   General. It is 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.
      (3)   Containing opium, morphine, jimson weed, bella donna, 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 products subject to this chapter.
      (4)   By means of self-service display. All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. Any retailer selling licensed products at the time this chapter is adopted must comply with this section within 90 days of the effective date of this chapter. This provision does not apply to tobacco shops that have an entrance door opening directly to the outside and which derive more than 90% of its gross revenue from the sale of licensed products and which cannot be entered at any time by persons younger than 21 years of age.
      (5)   By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation.
   (B)   Legal age. It is a violation of this chapter for any person to sell or offer to sell any licensed product to any person under the age of 21.
      (1)   Age verification. Licensees must verify by means of government-issued photographic identification containing the bearer's date of birth that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this division.
      (2)   Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales 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)   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.
(Ord. 1998-873, passed 4-13-98; Am. Ord. 2015-1192, passed 5-26-15; Am. Ord. 2020-1259, passed 11-30-20) Penalty, see § 122.99