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Ordinance # 177
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Ordinance # 177
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10/20/2016 12:28:28 PM
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Subd. 3 Self-Service Merchandising. "Self-Service Merchandising" <br /> shall mean open displays of tobacco, tobacco products , or tobacco <br /> related devices in any manner where any person shall have access <br /> to the tobacco, tobacco products , or tobacco related devices, <br /> without the assistance or intervention of the licensee or the <br /> licensee ' s employee . The assistance or intervention shall entail <br /> the actual physical exchange of the tobacco, tobacco product, or <br /> tobacco related device between the customer and the licensee or <br /> employee . Self-service merchandising shall not include vending <br /> machines . (Note : Under the FDA tobacco regulations adopted in <br /> 1996 , self-service sales are interpreted as being any sale where <br /> there is not an actual physical exchange of the tobacco between <br /> the clerk and the customer) . <br /> Subd. 4 Vending Machine. "Vending Machine" shall mean any <br /> mechanical, electric or electronic , or other type of device which <br /> dispenses tobacco, tobacco products , or tobacco related devices <br /> upon the insertion of money, tokens, or other form of payment <br /> directly into the machine by the person seeking to purchase the <br /> tobacco, tobacco product , or tobacco related device . <br /> Subd. 5 . Individually packaged. "Individually packaged" shall <br /> mean the practice of selling any tobacco or tobacco product <br /> wrapped individually for sale . Individually wrapped tobacco and <br /> tobacco products shall include , but not be limited to, single <br /> cigarette packs , single bags or cans of loose tobacco in any form, <br /> and single cans or other packaging of snuff or chewing tobacco . <br /> Cartons or other packaging containing more than a single pack or <br /> other container as described in this subdivision shall not be <br /> considered individually packaged. <br /> Subd. 6 Loosies . "Loosies" shall mean the common term used to <br /> refer to a single or individually packaged cigarette. <br /> Subd . 7 Minor . "Minor" shall mean any natural person who has not <br /> yet reached the age of eighteen ( 18 ) years . <br /> Subd. 8 Retail Establishment . "Retail Establishment" shall mean <br /> any place of business where tobacco, tobacco products, or tobacco <br /> related devices are available for sale to the general public . <br /> Retail establishments shall include, but not be limited to, <br /> grocery stores , convenience stores , and restaurants . <br /> Subd . 9 Moveable Place of Business . "Moveable Place of Business" <br /> shall refer to any form of business operated out of a truck, van, <br /> automobile, or other type of vehicle or transportable shelter and <br /> not a fixed address store front or other permanent type of <br /> structure authorized for sales transactions . <br /> Subd-. 10 Sale . A "sale" shall mean any transfer of goods for <br /> money, trade , barter , or other consideration. <br /> page 2 <br />
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