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I <br />I <br />I <br /> <br />minors are at all times prohibited from entering the l!ccnsed establishment. (Note: This option <br />mirrors both the State and Federal laws.) <br /> <br />Section g00. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to <br />allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by <br />the'customer may have access to such' items without having to request the item from the licensee <br />or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco <br />product, or the 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 <br />or other area not freely accessible to customers, or in a case or other storage unit not leg open <br />and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco <br />related devices at the time this ordinance is adopted shall comply with this Section within w <br />days (Note: Fill in the blank. The county, city, or township will need to determine a reasonable <br />time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.) <br />following the effective date of this ordinance. (Note: Under State law, the self-service sale of <br />cartons and multi-packs shall be allowed until such time as the FDA regulations take full effect <br />(August 28, 1997 target date pending outcome of a Federal lawsui0 at which time all self-service <br />sales of would be banned. The FDA contains an exemption for stores where minors are, at all <br />times, prohibited from entering. The State law further restricts this exemption to stores that. <br />generate ninety (90) percent or more of their revenues from the sale tobacco and tobacco related <br />products. Counties, cities, and townships have the option of adopting the State exemption <br />language or allowing no exceptions. If no exceptions are allowed, an FDA preemption waiver will <br />be required. Further, the State and Federal regulations on self-service sales only apply to <br />cigarettes and smokeless tobacco. Local licensing authorities could, therefore, exempt cigars and <br />other forms of tobacco without seeking a waiver.) <br /> <br />Section 900. Responsibility..Ail licensees under this ordinance shall be responsible for the <br />actions of their employees, in regard to the sale of tobacco, tobacco products, or tobacco related <br />devices on the licensed premises, and the sale of such an item by an employee shall be considered <br />a sale by the license holder. Nothing in this section shall be construed as prohibiting the (county, <br />city, or township) from also subjecting the clerk to whatever penalties are appropriate under this <br />Ordinance, State or Federal law, or other applicable law or regulation. <br /> <br />'1 <br />I <br />I <br /> <br />Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to <br />inspection by the (local law enforcement) or other authorized (county, city, or township) official <br />during regular business hours. From time to time, but at least once per year, the (county, city, or <br />township) shall conduct compliance checks by engaging, with the written consent of their parents <br />or guardians, minors over the age of fifteen (l 5) years but less than eighteen (l 8) years, to enter <br />the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related <br /> <br />I <br />I <br /> <br />League of Minnesota Cifierd8/97 <br /> <br />8 <br /> <br /> <br />