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E. Containing opium, morphine, jimpson weed, bella donna, strychnos, cocaine, marijuana, or other
<br /> deleterious, hallucinogenic, toxic, or controlled substances except nicotine and substances found
<br /> naturally in tobacco or added as part of an otherwise lawful manufacturing process.
<br /> F. By any other means,to any other person,or in any other manner or form prohibited by federal, state,
<br /> or other local law,ordinance provision or other regulation.
<br /> Subd. 7. Vending Machines.
<br /> It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco,tobacco products,
<br /> or tobacco related devices by the means of a vending machine unless minors are at all times prohibited from
<br /> entering the licensed establishment.
<br /> Subd. 8. Self-Service Sales.
<br /> It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco,tobacco products,or tobacco
<br /> related devices by any means whereby the customer may have access to such items without having to request
<br /> the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the
<br /> tobacco,tobacco products,or tobacco related device between the licensee or his or her clerk and the customer.
<br /> All tobacco,tobacco products,and tobacco related devices shall either be stored behind a counter or other area
<br /> not freely accessible to customers,or in a case or other storage unit not left open and accessible to the general
<br /> public. Any retailer selling,tobacco,tobacco products,or tobacco related devices at the time this ordinance is
<br /> adopted shall comply with this section within 60 days following the effective date of this ordinance.
<br /> Subd.9. Responsibility.
<br /> All licensees under this ordinance shall be responsible for their employees in regard to the sale of tobacco,
<br /> tobacco products, or tobacco related devices on the licensed premise, and the sale of such an item by an
<br /> employee shall be considered a sale`by the licensed holder. Nothing in this section shall be construed as
<br /> prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this ordinance,
<br /> State or Federal law,or other applicable law or regulation.
<br /> Subd. 10. Compliance Checks and Inspections.
<br /> All licensed premises shall be open to inspection to the City police or other authorized City official during
<br /> regular business hours. From time to time, but at least once per year, the City shall conduct unannounced
<br /> compliance checks to ensure compliance with the provisions of this Ordinance. Such compliance checks shall
<br /> utilize,with the written consent of their parents or guardians,minors over the age of 15 years but less than 18
<br /> years,to enter the licensed premise to attempt to purchase tobacco,tobacco products or tobacco-related devices.
<br /> Minors used for the purpose of compliance checks shall be approved and supervised by City designated law
<br /> enforcement officers or other designed City personnel. Minors used for compliance checks shall not be guilty
<br /> of the unlawful purchase or attempt to purchase tobacco,unlawful possession of tobacco,tobacco products,or
<br /> tobacco-related devices when such items are obtained as a part of the compliance check. No minor used in
<br /> compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors
<br /> lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee
<br /> or his or her employee and shall produce any identification,if it exists,for which he or she is asked. Nothing
<br /> in this Section shall prohibit compliance checks authorized by state or federal laws for educational,research,
<br /> or training purposes,or required for the enforcement of a particular state or federal law.
<br /> Subd. 11. Illegal Acts.
<br /> Unless otherwise provided,the following acts shall be a violation of this ordinance.
<br /> A. Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any
<br /> tobacco,tobacco products,or tobacco related devices to any minor.
<br /> B. Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession
<br /> any tobacco,tobacco products,or tobacco related device. This subdivision shall not apply to minors
<br /> lawfully involved in a compliance check.
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