5.3. SR 04-14-2008 - Laserfiche WebLink

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-5- (c) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, ox otherwise use any tobacco, tobacco product, of tobacco-related device. (d) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, ox tobacco-related device, and it shall be a violation of this article for any person to purchase of otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain ox use any tobacco, tobacco product, ox tobacco-related device. This subsection shall not apply to minors lawfully involved in a compliance check. (e) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Sec. 26-40. Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, ox tobacco-related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. Sec. 26-41. Self-service sales. (a) Single packages. (1) It shall be unlawful for a licensee under this article to allow the sale of single packages of cigarettes ox smokeless tobacco in open displays whereby the customer may have access to such 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 single package of cigarettes or single package of smokeless tobacco between the licensee or his clerk and the customer. (2) Any retailer selling single packages of cigarettes or smokeless tobacco at the time of adoption of the ordinance from which this article is derived shall comply with this section within 30 days. (3) The self-service restrictions described in this section shall not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco-related products and which cannot be entered at any time by persons younger than 18 years of age. (b) Cartons and multipack units. (1) Cartons and other multipack units of packages of cigarettes ox smokeless tobacco may be offered and sold through open displays accessible to the public. (2) Subsection (b)(1) of this section will expire upon the effective date and implementation of Code of Federal Regulations title 21, part 897.16(c). Secs. 26-42--26-60. Reserved. DIVISION 2. LICENSE Sec.26-61. Required. No person shall sell or offer to sell any tobacco, tobacco products, ox tobacco-related devices without first having obtained a license to do so from the city.