(A) Any retail establishment in the city that is open to the public and operates under a city retail license in the business of serving customers, patrons or clientele who are or who may be under the age of 18 are required to abide by the terms of this section.
(B) Any retail establishment that sells any quantity of tobacco accessories, sexually explicit or adult materials, whether in printed, video, auditory, or any other electronic form, as well as any device which is used or intended to be used for the ingestion, consumption, smoking, of tobacco or any other controlled or regulated substance, including but not limited to, bongs, pipes, rolling papers, roach clips, or inhalers, must have a separate and designated 18 and Older section of the retail establishment.
(C) This 18 and Older section of the store must be wholly separate, and secured and inaccessible to any person who is under the age of 18, with a separate cash register, operated by an employee over the age of 21, who shall request the date of birth of any customer making a purchase of any item which is intended for adult use. No listed "18 and Older" merchandise may be rung on the regular purchase register; however, eligible adult patrons who wish to purchase items at the "18 and Older" register may make additional purchase of other items at the same time at that register.
(D) Any retail establishment selling "18 and Older" merchandise must maintain security cameras in the 18 and Older section to prevent underage persons from shoplifting the adult merchandise, or maintain all of the merchandise in a separate and locked area which is not visible from the general purchases counter;
(E) Violation of this section is punishable by a fine of $2,500 with each day constituting a separate offense. Any retail establishment which has been found to have violated this section will have their retail license revoked by the City Controller. A retailer whose license is revoked may appeal to the Board of Public Works and Safety for a hearing, if such request is made within 10 days of the revocation. The Board of Public Works may either uphold or reverse the decision of the City Controller.
(Ord. 9127, passed 12-19-2011)