(A) No person shall sell, offer to sell, give away, furnish or otherwise deliver any licensed product:
(1) To any person under the age of 21 years (this does not apply to a parent or legal guardian of a person under the age of 21 who obtained or provided to the person under the age of 21 such licensed product if the licensed product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for the approved purpose);
(2) By means of any type of vending machine;
(3) By means of loosies;
(4) By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder, their agents or employees. All licensed products shall be stored behind a counter or other area not freely accessible to customers;
(5) By means of delivery sales. All sales of licensed products must be conducted in person, in a licensed retail establishment, in over-the-counter sales transactions; and
(6) By any other means, or to any other person, prohibited by federal, state or other local law, ordinance provisions, or other regulation.
(B) Exception. A license holder who operates an establishment that sells only licensed products is exempt from the self-service merchandising provision if the license holder prohibits anyone under 21 years of age from entering the establishment, unless accompanied by a parent, and the license holder conspicuously displays a notice prohibiting persons under 21 years of age from entering the establishment, unless accompanied by a parent.
(C) At each location where licensed products are sold, the licensee shall verify, by means of government-issued photographic identification containing the bearer’s date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this chapter that the person appeared to be 30 years of age or older.
(Prior Code, § 6.32) (Am. Ord. 2, Second Series, passed 2-12-1998; Am. Ord. 2020-05, passed 9-21-2020)