(A) In general. No person shall sell or offer to sell any licensed product:
(1) By means of any type of vending machine.
(2) By means of self-service merchandising.
(3) By any other means, to any other person, on in any other manner or form prohibited by this section or state or other local law, ordinance provision, or other regulation.
(B) Legal age; verification. No person shall sell any licensed product to any person under the age of 21. Licensees shall 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.
(C) Legal age; sale. No person under the age of 18 shall be allowed to sell any licensed product.
(D) Signage. Notice of the legal sales age and age verification requirement 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.
(E) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost.
(F) Possession. No person under the age of 21 shall be in possession of any THC product. Any person under the age of 21 in possession of a THC product may be subject to a petty misdemeanor. Any person under the age of 21 in possession of any THC product may have it confiscated by a law enforcement officer.
(G) Hours and days of sale. No sale of THC products may be made between 10:00 p.m, and 8:00 a.m. Monday through Sunday.
(H) Proximity to youth-oriented facilities. No license will be granted to any person for a retail establishment location that is within 500 feet of a youth-oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth-oriented facility without first obtaining approval from the City Council. This restriction does not apply to an existing license holder who has been licensed to sell licensed products in that same location for at least on year before the date this section was enacted into law.
(Ord. 212, passed 10-17-2022)