(A) In general. No person shall sell, donate, give away, or otherwise dispense or distribute any licensed product, or offer to do so:
(1) By means of any type of vending machine.
(2) By means of self-service merchandising, provided, however that self-service merchandising is permitted in a licensed establishment where entry to the premises is restricted to persons of age 21 or older.
(3) By any other means, to any other person, on in any other manner or form prohibited by state or other local law, ordinance provision, or other regulation.
(4) That is not packaged in strict compliance with state laws, rule, and regulations.
(5) From any location other than a fixed place of business that is a licensed premises. Delivery of licensed products from a licensee to a purchaser who is located off the licensed premises is strictly prohibited.
(6) By any form of internet/online transaction.
(7) By acceptance or redemption of any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any THC products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes.
(B) Controlled substances. No person shall sell, offer to sell, or otherwise provide any licensed products containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances not authorized by state or federal law.
(C) Legal age.
(1) Age to sell. No person under the age of 18 shall sell any licensed product to any person.
(2) Age to purchase. No person, regardless of license status, shall sell any licensed product to any person under the age of 21.
(3) Age verification. Licensees, including their employees and representatives, shall verify by means of government issued photographic identification that the purchaser is at least 21 years of age.
(4) Signage. All licensees shall post and display in plain view of the general public on the licensed premise, which shall state that it is illegal to sell licensed products to anyone under the age of 21 years and that the possession and use of such items by anyone under the age of 21 is also illegal under state, federal, and/or local law.
(D) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. Sampling is prohibited on any licensed premises.
(E) Other prohibitions. No person shall sell, offer to sell, or otherwise provide, dispense, or distribute any licensed products by any means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation. Possession on the premises by the licensee of any licensed product in a package indicating that the contents do not comply with the requirements of state laws, rules, or regulations shall be prima facie evidence that the contents of the package violate this section. It shall be the licensee's burden to prove, by a preponderance of the evidence, that the contents do comply.
(F) Sales to obviously intoxicated or impaired persons. No person shall sell, give, furnish, dispense, distribute, or in any way procure for another person any licensed products for use by an obviously intoxicated person or a person who is obviously impaired by or under the influence of licensed products or any controlled or intoxicating substance.
(Ord. 427, passed 12-12-22)