(A) In general. It shall be a violation of this subchapter for any person to sell or offer to sell any tobacco, tobacco related device, electronic delivery device, or nicotine or lobelia delivery product:
(1) To any person under the age of 21 years.
(2) By means of any type of vending machine, except as may otherwise be provided in this subchapter.
(3) By means of loosies as defined in this subchapter.
(4) 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 addressed as part of any otherwise lawful manufacturing process.
(5) 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) Self-service sales. It shall be unlawful for a licensee under this subchapter to allow the sale of tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products 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 related device, electronic delivery device, or nicotine or lobelia delivery product between the licensee or his or her employee and the customer. All tobacco, tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products 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.
(C) Vending machines. It shall be unlawful for any person to allow the sale of tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products by the means of a vending machine. This section does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 21 years of age.
(D) Liquid packaging. It shall be violation of this subchapter for any person to sell or offer for sale any liquid, whether or not such liquid contains nicotine, intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant packaging. All licensees under this subchapter must ensure that any liquid intended for use in an electronic delivery device is sold in child- resistant packaging.
(Ord. 2020-01, passed 2-18-2020)