(A) In general. No person shall sell or offer to sell any licensed product:
(1) By means of any type of vending machine;
(2) By means of loosies;
(3) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products;
(4) By any other means, or to any other person prohibited by federal, state or other local law, ordinance, provision or other regulation.
(B) Legal age. No person shall sell any licensed product to any person under the age of 21.
(1) Age verification. Licensees must verify, by means of government-issued photographic identification, that every purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection.
(2) Signage. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products 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.
(C) Self-service sales. No person shall allow the sale of licensed products by any self service displays where the customer may have access to those items without having to request the item from the licensee or the licensee’s employee and where there is not a physical exchange of the licensed product from the licensee or the licensee’s employee to the customer. All licensed products must be stored behind the sales counter, in another area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling licensed products at the time this chapter is adopted must comply with this section within 90 days of the effective date of this chapter.
(D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(Ord. 212, passed 10-15-2019)