A. Sales Prohibited:
1. It shall be a violation of this chapter for any person to sell, offer for sale, give away, furnish or otherwise deliver tobacco, tobacco products, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery devices:
a. To any person under the age of twenty one (21) years.
(1) Signage: Notice of the legal sales age and age verification requirement must be posted at each location where tobacco, tobacco products, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery devices 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.
b. By means of any type of vending machine.
c. By means of "loosies" as defined in section 3-2-2 of this chapter.
d. 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.
e. By any other means, to any other person, in any other manner or form prohibited by Federal, State or other local law, ordinance provision or other regulation.
B. Flavored Products: No person shall sell or offer for sale any flavored product in any retail establishment as defined in section 3-2-2 of this chapter.
C. Other Prohibited Acts: Unless otherwise provided, the following acts shall be violations of this chapter:
1. False Identification: For any person under twenty one (21) years of age to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person.
2. Smoking: Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act, no licensee shall directly or indirectly permit smoking in the licensed retail establishment. All licensees under this chapter shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed retail establishment. (Ord. 536, 11-20-2018, eff. 3-1-2019)