Agenda - Council - 11/25/1997 - Laserfiche WebLink

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Option #1: 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. (Note: Because this provision is more restrictive than its comparable FDA regulation, a city seeking an absolute ban on vending machines, which has been upheld by the courts, would need to seek a preemption waiver). Option #2: 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 minors are at all times prohibited from entering the licensed establishment. (Note: This option mirrors both the State and Federal laws) . Section 800. Self -Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the license or the license's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within ninety days (Note: Fill in the blank. The city will need to determine a reasonable time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.) following the effective date of this ordinance. (Note: Under State law, the self-service sale of cartons and multi -packs shall be allowed until such time as the FDA regulations take full effect (August 28, 1997 target date pending outcome of a Federal lawsuit) at which time all self-service sales of would be banned. The FDA contains an exemption for stores where minors are, at all times, prohibited from entering. The State law further restricts the exemption to stores that generate ninety (90) percent or more of their revenues from the sale tobacco and tobacco related products. Cities have the option of adopting the State exemption language or allowing no exceptions. If no exceptions are allowed, an FDA preemption waiver will be required. Further, the State and Federal regulations on self-service sales only apply to cigarettes and smokeless tobacco. Local licensing authorities could, therefore, exempt cigars and other forms of tobacco without seeking a waiver.) Section 900. Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by 7