A. Prohibited Sales:
1. Prohibitions Generally: It shall be a violation of this Chapter for any person to offer to sell any tobacco, tobacco product, tobacco related device, or electronic delivery device:
a. To any person under the age of twenty-one (21) years.
b. By means of any type of vending machine, except as may otherwise be provided in this Chapter.
c. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee’s employee, and the customer.
d. By means of “loosies” as defined in this Chapter.
e. 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.
f. 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.
2. Vending Machines: It shall be unlawful for any person licensed under this Chapter to allow the sale of tobacco, tobacco products, or tobacco-related devices by the means of a vending machine unless persons under twenty-one (21) are at all times prohibited from entering the licensed establishment.
3. Self-Service Sales:
a. It shall be unlawful for a licensee under this Chapter to allow the sale of tobacco, tobacco products, or tobacco-related devices by any means whereby the customer may have access to such 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 tobacco, tobacco product, tobacco-related device, or electronic delivery device between the licensee or their employee and the customer.
b. All tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public.
B. Responsibility of Licensees for Employees: All licensees under this Chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or electronic delivery devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this subsection shall be construed as prohibiting the City from also subjecting the licensee’s employees to whatever penalties are appropriate under this Chapter or other applicable Federal or State law or regulation.
C. Age of Clerks: It shall be illegal for a retail establishment to cause or permit a person under twenty-one (21) to sell tobacco, tobacco products, tobacco-related devices, or electronic delivery devices unless there is an employee twenty-one (21) years or older on duty and present within the establishment.
D. Signage: Anyone holding a tobacco license under the provisions of this Chapter shall post and display in plain view of the general public on the licensed premises a sign indicating that it is illegal to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices to anyone under the age of twenty-one (21) years and that the possession and use of such items by persons under twenty-one (21) are also illegal under Federal law, State law and Local ordinance. Said signs shall be approved by City staff and issued to a retail establishment at the time that a license is obtained. The cost of said sign shall be included within the licensing fee.