It shall be unlawful for any person licensed under this chapter to sell, offer for sale, give away, furnish, or otherwise deliver licensed products as follows:
(A) To any person under 21 years of age:
(1) Age verification. Licensees must verify by means of government-issued photographic identification 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 (A).
(2) Signage. Notice of the legal sales age and age verification requirements must be prominently posted at each location where licensed products are offered for sale. The required signage, which will be provided to the licenses by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase.
(B) By means of any type of vending machine, except as may otherwise be provided in this chapter.
(C) By means of self-service merchandising, as defined in § 118.02, whereby the customer is not required to make a verbal or written request to an employee of the licensed premises in order to receive the licensed product and whereby there is not a physical exchange of the licensed product between the licensee, or the licensee’s employee, and the customer.
(D) By means of loosies, as defined in § 118.02.
(E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products.
(F) From a moveable place of business, such as but not limited to, any motorized vehicle, a kiosk, a trailer, a transportable shelter, or table, or any other movable structure.
(G) No person shall sell or offer for sale 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 must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(H) No person under the age of 21 shall sell or offer for sale any licensed products in a tobacco products shop.
(I) By any other means, or to any other person prohibited by federal, state or other local law, ordinance, provision or other regulation.
(Ord. 480, passed 11-25-1996; Am. Ord. 662, passed 11-28-2016; Am. Ord. 691, passed 8-26-2019)