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§ 111.06 PROHIBITED ACTS.
   (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)
§ 111.07 RESPONSIBILITY.
   All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of licensed products on the licensed premises and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this chapter shall be construed as prohibiting the city from also subjecting the employee to whatever civil penalties the city deems are appropriate under this chapter, state law, or other applicable law or regulation.
(Ord. 212, passed 10-15-2019)
§ 111.08 COMPLIANCE CHECKS AND INSPECTIONS.
   All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the city will conduct compliance checks. In accordance with state law, the city will conduct at least one compliance check that involves the participation of two persons: one person aged 15 to 17 and one person aged 18 to enter licensed premises to attempt to purchase licensed products. Prior written consent by a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel.
(Ord. 212, passed 10-15-2019)
§ 111.09 OTHER PROHIBITED ACTS.
   It is a violation of this chapter for any person to purchase or otherwise obtain any licensed product on behalf of a person under the age of 21. It is also a violation for any person to coerce or attempt to coerce a person under the age of 21 to purchase or attempt to purchase any licensed product.
(Ord. 212, passed 10-15-2019)
§ 111.10 REVOCATION HEARING.
    Revocation or suspension of a license shall be preceded by a hearing before the City Council. A hearing notice shall be given to the licensee at least ten days prior to the hearing. The notice shall include the time and place of the hearing and shall state the nature of the charge against the licensee.
(Ord. 212, passed 10-15-2019)
§ 111.11 EXCEPTIONS AND DEFENSES.
   (A)   Religious, spiritual, or cultural ceremonies or practices. Nothing in this chapter shall prevent the providing of tobacco or tobacco-related device to any person as part of an indigenous practice or lawfully recognized religious, spiritual or cultural ceremony or practice.
   (B)   Reasonable reliance. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law.
(Ord. 212, passed 10-15-2019)
§ 111.12 VIOLATIONS.
   (A)    Notice. A person violating this chapter may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number.
   (B)   Hearings.
      (1)   Upon issuance of a citation, a person accused of violating this chapter may request in writing a hearing on the matter. Hearing requests must be made within ten days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within ten days of the issuance of the citation will terminate the person’s right to a hearing.
      (2)   A designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten days prior to the hearing.
   (C)   Hearing Officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
   (D)   Decision. A decision will be issued by the hearing officer within ten days of the hearing. If the hearing officer determines that a violation of this chapter did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in this section.
   (E)   Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing, up to a maximum of $1,000, must be paid by the person requesting the hearing.
   (F)   Appeals. Appeals of any decision made by the hearing officer must be filed in County District Court within ten days of the date of the decision.
   (G)   Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 212, passed 10-15-2019)
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