(A) General violation. It is a violation of this section for any person to sell or offer to sell any licensed products:
(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 section;
(3) By means of loosies as defined herein;
(4) Containing opium, morphine, jimsonweed, 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; or
(5) By any other means, or to any other person, or in any other manner or form prohibited by federal, state or other local law, city code provision or other regulation.
(B) Promotional distribution. No person shall engage in the promotional distribution of smokeless tobacco products or cigarettes, cigars, pipe tobacco or other tobacco products as defined in this chapter, except that single serving samples of tobacco may be distributed promotionally in tobacco stores.
(C) 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 subsection.
(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 posed in a manner that is clearly visible to anyone who is, or is considering, making a purchase.
(D) 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 child-resistant packaging. 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.
(2003 Code, § 6.35-6) (Ord. 80, passed 10-29-1998; Ord. 157, passed 1-18-2011; Ord. 196, passed 8-5-2019; Ord. 219, passed 8-21-2023) Penalty, see §
10.99