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<br /> <br />a person under the age of 21 years to illegally purchase or otherwise obtain or use any tobacco, <br />tobacco product, tobacco-related device, nicotine, or electronic delivery devices. <br />(c) Use of false identification. It shall be a violation of this Article for any person under the age of 21 <br />years to purchase or attempt to purchase tobacco, tobacco-related devices, or electronic delivery <br />devices using a driver’s license, permit, Minnesota identification card, or any other type of false <br />identification to misrepresent the person’s age. <br /> <br />Sec. 26-38. - Vending machines. <br />It shall be unlawful for any person to sell tobacco, tobacco-related devices, nicotine, or electronic <br />delivery devices by the means of a vending machine, except in a licensed tobacco products shop. <br /> <br />Sec. 26-39. - Self-service sales. <br />(a) Single packages. It shall be unlawful for a licensee under this Article to allow the sale of single <br />packages of cigarettes, tobacco, tobacco-related devices, nicotine, or electronic delivery devices in <br />open displays where the customer may have access to such items without having to request the item <br />from the licensee or the licensee's employee and there is not a physical exchange of the single <br />package of cigarettes, tobacco, tobacco-related device, nicotine, or electronic delivery device between <br />the licensee or his clerk and the customer. <br />(b) Cartons and multipack units. <br />(1) Cartons and other multipack units of packages of cigarettes or smokeless tobacco may be offered <br />and sold through open displays accessible to the public. <br />(2) Subsection (b)(1) of this section will expire upon the effective date and implementation of Code <br />of Federal Regulations title 21, part 897.16(c). <br /> <br />Sec. 26-40. - Tobacco products shop. <br />(a) Tobacco products shops as defined by this Article cannot be entered at any time by persons younger <br />than 21 years of age. <br />(b) The self-service restrictions prescribed in section 26-39 shall not apply to licensed tobacco products <br />shops. <br />(c) No license may be issued for a tobacco products shop where: <br />(1) The proposed location is ineligible for a license under city ordinance or state law. <br />(2) The proposed location is in a zoning district where the business is not allowed pursuant to chapter <br />30 of this Code. This restriction shall not apply to tobacco product shops which were in <br />conformance with chapter 30 on July 21, 2008. <br />(3) The proposed location is located within 500 feet of a school or park property. <br />a. The distance limitations shall be measured from property line to property line at the nearest <br />point or from property line to the nearest point of the leased premises if the tobacco products <br />shop is located in a multi-tenant facility. <br />b. This restriction shall not apply to tobacco product shops which were properly licensed <br />pursuant to chapter 26 of this Code and in conformance with chapter 30 of this Code on July <br />21, 2008. <br /> <br /> Page 4 <br /> <br />