(A) It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, tobacco related devices, or nicotine delivery devices by any means whereby the customer may have access to the items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the tobacco, tobacco product, the tobacco related device, or the nicotine delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco related devices, and nicotine delivery devices shall either be stored behind a counter or other 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 tobacco, tobacco products, tobacco related devices, or nicotine delivery devices at the time this chapter is adopted shall comply with this section within 30 days at which time all self-service sales of cigarettes would be banned. The F.D.A. contains an exemption for stores where minors are, at all times, prohibited from entering. The state law further restricts this exemption to stores that generate 90% or more of their revenues from the sale of tobacco and tobacco related products. Cities have the option of adopting the state exemption language or allowing no exceptions. If no exceptions are allowed, a preemption waiver will be required. Further, the state and federal regulations on self-service sales only apply to cigarettes and smokeless tobacco. Cities could, therefore, exempt cigars and other forms of tobacco without seeking a waiver.
(Ord. 230, passed 9-8-1997)
(B) Cartons and other multipack units may be offered and sold through open displays accessible to the public until the time as F.D.A. regulations indicate otherwise.
(Amendment #1, passed 10-6-1997; Am. Ord. 114.15, passed 12-13-2010) Penalty, see § 114.99