(A) Prohibited sales. It is unlawful for any person to sell, offer for sale, give away, furnish or otherwise deliver any tobacco, tobacco product or tobacco-related device:
(1) To any person under the age of 18 years;
(2) By means of any type of vending machine;
(3) By means of self-service merchandising or any means whereby the customer may have access to items without having to request the item from the license holder, his or her agents or employees. All tobacco-related products shall be stored behind a counter or other area not freely accessible to customers; and
(4) By any other means, or to any other person, prohibited by federal, state or other local law, city code provision or other regulation.
(B) Exception. A license holder who operates an establishment that sells only tobacco-related products is exempt from the self-service merchandising provision if the license holder prohibits anyone under 18 years of age from entering the establishment, unless accompanied by a parent and the license holder conspicuously displays a notice prohibiting persons under 18 years of age from entering the establishment unless accompanied by a parent.
(Prior Code, § 6.23, Subd. 5) (Ord. 200, effective 5-21-1999) Penalty, see § 10.99