Agenda - Council - 03/10/2026 - Laserfiche WebLink

Home

(6) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, and other regulation. (Code 1978, § 7.93.06; Ord. No. 21-21, § 3, 12-14-2021) Sec. 26-754. Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, Of tobacco -related devices, or nicotine or lobelia delivery 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 tobacco -related devices by any means 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 tobacco, tobacco product, or the tobacco -related device between the licensee or their employee and the customer unless the sale is by means of a vending machine which is controlled by the licensee or their employee. 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. This section does not apply to exclusive tobacco stores. (Code 1978, § 7.93.08; Ord. No. 21-21, § 3, 12-14-2021) Sec. 26-756. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, Of tobacco -related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this article shall be construed as prohibiting the city from also subjecting the employee to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. (Code 1978, § 7.93.09; Ord. No. 21-21, § 3, 12-14-2021) Sec. 26-757. Compliance checks and inspections. All licensed premises shall be open to inspection by the city police department or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks in accordance with Minn. Stat. §461.12, subd. 5. by engaging, with the written consent of their pGrents or guarani, r l-lors over the age of 17 years but l000 tlx1. 21 years, to enter the licensed ptivalicky6 to attempt to purchase tobacco, tobacco products, or tobacco related devices, Minors used for the purpose of ooniTlieiice checks shall be supervised by designated kr» enforcement officers or other designated city porv.nl. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purthxw, no th unlawful possession of tobacco, tobacco products, or tobacco related devices whcss ouch items are obtained or attempted to be obtained wart of the omrteik.ce check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or their employee and shall produce any Attachment A Ordinance #26-04 Page 5 of 9