Agenda - Council - 11/23/2021 - Laserfiche WebLink

Home

of his their right to be heard on the accusation. (b) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (c) Hearing officer. The city council shall serve as the hearing officer. (Option could be independent hearing officer.) (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the city in which the alleged violation occurred. (f) Misdemeanor prosecution. Nothing in this article shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. (g) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (Code 1978, § 7.93.12) Sec. 26-753. - Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, or tobacco- related device: (1) To any person under the age of 1821 years. (2) By means of any type of vending machine. (3) By means of self-service methods whereby the customer does not need to make verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, or tobacco -related device and whereby 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, unless the sale is by means of a vending machine controlled by an electronic device by an employee of the business.This subsection does not apply to exclusive tobacco stores. (4) By means of loosies. (5) Containing opium, morphine, jimson weed, bella donna, strychnos, 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. (6) By any other means, to any other person, or in any other manner or form prohibited by federal, state orother local law, ordinance provision, and other regulation. (Code 1978, § 7.93.06) Sec. 26-754. - Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco -related devices by means of a vending machine. (Code 1978, § 7.93.07) Sec. 26-755. - Self-service sales. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, or Ordinance #21-21 Page 4 of 8