(A) In general. It shall be a violation of this chapter for any person to sell or offer to sell any licensed product:
(1) To any person under the age of 21 years;
(2) By means of any type of vending machine;
(3) By means of loosies, as defined in § 111.02 of this chapter;
(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. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other products subject to this chapter; and/or
(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) Self-service sales. It shall be unlawful for any person licensed under this chapter to allow the sale of licensed products by any means where by the customer may have access to those 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 licensed product between the licensee or his or her clerk and the customer. All licensed products shall either be stored behind the sales 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. Any retailer selling licensed products at the time this chapter is adopted shall comply with this section within 90 days of the effective date of this chapter.
(C) Liquid packaging. It shall be a violation of this chapter for any person to 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, a licensee shall provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(2002 Code, § 4.14) (Ord. 75, Fourth Series, effective 7-1-1995; Ord. 90, Sixth Series, effective 3-12-2009; Ord. 41, Seventh Series, effective 5-9-2016; Ord. 91, Seventh Series, passed 9-16-2019) Penalty, see § 111.99