A. Violation Of Chapter: It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product, tobacco related device, or nicotine or lobelia delivery device:
1. To any person under the age of eighteen (18) years.
2. By means of any type of vending machine.
3. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, tobacco related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer.
4. By means of "loosies" as defined in section 3-9-2 of this chapter.
5. Containing opium, morphine, jimson weed, 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. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products.
6. By any other 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.
B. Exception: A license holder who operates a tobacco products shop that sells only tobacco related products is exempt from the self-service merchandising provision if the license holder prohibits anyone under eighteen (18) years of age from entering the establishment at all times, and the license holder conspicuously displays a notice prohibiting persons under eighteen (18) years of age from entering the establishment. (Ord. 2015-08, 11-2-2015, eff. 1-1-2016)