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The proposed ordinance bans open display of single packs of cigarettes <br />and smokeless tobacco. (Open display means that the customer may have <br />access to such items without having to request the item from a sales <br />clerk). <br /> <br />3. Ban on vending machines, except in facilities that cannot be entered by <br />minors. <br /> <br />Vending machine sales of tobacco are prohibited unless minors are at all <br />times prohibited from entering the licensed establishment. (There are no <br />establishments in Elk River that prohibit minors to enter). <br /> <br />There are certain instances where the vending machine is used as a <br />storage device rather than a machine which vends the product to the <br />customer. For instance, if the machine is located in a room where the <br />public has no access, or if the machine has a locking device and the <br />consumer cannot access the product from the machine, then the <br />machine is considered a storage device. <br /> <br />The Council has the option to either allow these types of situations, or <br />to totally ban all vending machines. If the Council chooses to allow <br />these certain situations, they will be monitored through the licensing <br />process and through the compliance check process. If the Council <br />chooses to ban vending machines the definition of vending will have to <br />be modified. <br /> <br />4. Mandatory compliance checks at least once per year <br /> <br />· From time to time, but at least once per year, the City will conduct <br /> compliance checks. <br /> <br />5. Graduated penalties against the license holder for the illegal sale of <br />tobacco to minors. <br /> <br />Ist offense - administrative penalty $75 <br />2na offense - administrative penalty $200 <br />3rd offense - administrative penalty $250 and suspension of <br />license for not less than seven days. (All within a 24 month <br />period) <br /> <br />6. Alternative penalties for minors found to have purchasedt used or <br />possessed tobacco illegally. <br /> <br /> <br />