(A) Proof of age. It shall be the affirmative duty of every licensee, and his or her employees, to ascertain the age of every prospective purchaser who reasonably appears to be 30 years of age or less.
(1) Proof of age for purchasing licensed products may be established only by one of the following:
(a) A valid driver’s license, or identification card, issued by the state, another state, or a province of Canada, including the photograph and date of birth of the licensed person;
(b) A valid military identification card issued by the United States Department of Defense; or
(c) In case of a foreign national, a nation other than Canada, by a valid passport.
(2) For any prosecution of this section, it is a defense for the defendant to prove, by preponderance of the evidence, that the defendant reasonably, and in good faith, relied upon representations of proof of age in divisions (A)(1)(a) through (A)(1)(c) above.
(B) 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) General prohibited sales. No person shall sell, or offer to sell, any licensed product:
(1) By means of loosies, as defined;
(2) Containing opium, morphine, jimson weed, bella donna, 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 products subject to this section; and
(3) By any other means, or to any other person, or in any other manner, or form, prohibited by federal, state, or other local law, city code provision, or other regulations.
(D) Liquid packaging. No person shall sell, or offer to sell, any liquid, whether or not the 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. 44, third series, passed 10-15-2019)