Agenda - Council - 11/10/1997 - Laserfiche WebLink

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Section 600. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (I 8) years. B. By means of any type of vending machine, except as may otherwise be provided i.n this ordinance. (Note: See Section 700, "Vending Machines".) I I I I C. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby the there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. (Note: See discussion under Section 800, "Self Service".) D. By means of loosies as defined in Section 200 of this ordinance. E. Containing opium, morphine, jimson weed, belta donna, stryctmos, 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. (NOte: State law will require the disclosure of substances such as arsenic, lead, ammonia, cadmium, and formaldehyde found in or produced by cigarettes. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Counties, cities, or townships with concerns about "enhanced" cigarettes should contact the an attorney for additional information.) F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local taw, ordinance provision, or other regulation, I i I I I Section 700 Vending Machines. (Note: The county, city, or township will need to make choices in this section and may combine .parts of different options.) I Option #1: It shall be unlawfi~I for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. (.IX.O.!g: Because this provision is more restrictive than its cornparable FDA regulation, a city seeking an absolute ban on v. ending machines, which has been upheld by the courts, would need to seek a preemption waiver.) ~ It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless League of Minnesota Cities/8/97 7 I I I I I