(A) It shall be unlawful for any person to sell, offer for sale or allow the sale of licensed products:
(1) By the means of a vending machine;
(2) By means of loosies as defined in § 113.02;
(3) 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;
(4) By any other means, to any other person, in any other manner or form prohibited by federal, state or local law, ordinance or other regulation;
(5) From a movable place of business, such as, but not limited to, any motorized vehicle, a kiosk, a trailer, a transportable shelter or table or any other movable structure;
(6) By means of any self-service displays whereby the customer may have access to these 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 licensed product between the licensee or licensee's employee and the customer.
(B) Sale or distribution to person under 21 years old prohibited.
(1) No person shall sell or distribute licensed products to any person under 21 years old.
(2) Any person found to have sold or distributed any licensed products to a family member who is under 21 years old shall be deemed to be in violation of division (B)(1) above.
(3) It shall be unlawful for any person under the age of 21 years old to represent that he or she has attained the age of 21 years old for the purpose of purchasing, asking for in any way, or receiving licensed products, except in cases authorized by law, including as authorized by the department or law enforcement.
(4) It shall be unlawful for any person to give, lend, sell or otherwise provide any person under the age of 21 years old any falsified identification or identification of another person for the purpose of establishing the age of the individual as being 21 years old or older.
(5)
Any person selling or distributing licensed products shall require proof of age from the prospective purchaser showing recipient is 21 years old or older.
(6) Notice of the legal sales age and the age verification requirement shall be posted at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase.
(2001 Code, § 1190.09) (Ord. 10-18, passed - -; Ord. 19-15, passed 10-14-2019; Ord. 20-008, passed 7-27- 2020)