In general. It shall be a violation of this chapter for any person to sell or offer to sell any licensed products:
(1) By means of any type of vending machine;
(2) 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;
(3) By means of loosies as defined in § 112.02;
(4) Containing opium, morphine, jimson weed, belladonna, 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; and/or
(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) Legal age. No person shall 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) Electronic delivery devices containing flavored products. No person shall sell or offer for sale (in person or by delivery) any electronic delivery devices containing flavored products.
(D) Cigars. No person shall sell or offer to sell:
(1) Any cigar unless it is within a package containing a minimum of five cigars; and
(2) Any package of cigars for a sales price of less than $15 per package, after any discounts are applied and before sales taxes are imposed. This provision does not prohibit the sale of a single cigar with a sales price of at least $4, after any discounts are applied and before sales taxes are imposed.
(E) 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.
(F) Coupon and price promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any licensed products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes.
(Ord. 98-3, passed 3-25-1998; Ord. 15-09, passed 10-12-2015; Ord. 21-01, passed 5-10-2021)
Penalty, see § 112.99