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5) The applicant is prohibited by federal, state, or other local law, ordinance, or <br /> other regulation from holding a license. <br /> 6) The business for which the license is requested is a moveable place of business. <br /> Only fixed-location retail establishments are eligible to be licensed. <br /> 7)Any other suitable reason that the granting of a license to the applicant is <br /> inconsistent with public health, safety, and welfare, including the applicant's history of <br /> noncompliance with this ordinance and other laws relating to the sale of licensed products. <br /> (B) If a license is mistakenly issued or renewed to a person,the city will revoke the <br /> license upon the discovery that the person was ineligible for the license under this <br /> ordinance. The city will provide the license holder with notice of the revocation, along <br /> with information on the right to appeal. <br /> Sec. 5.12.130. Prohibited Sales. <br /> (A) In general.No person shall sell or offer to sell any licensed product: <br /> 1) By means of any type of vending machine. <br /> 2) By means of loosies. <br /> 3) Containing opium, morphine,jimson weed, belladonna, strychnos, cocaine, <br /> marijuana, or other deleterious, hallucinogenic,toxic, or controlled substances except <br /> nicotine and other substances found naturally in tobacco or added as part of an otherwise <br /> lawful manufacturing process. It is not the intention of this provision to ban the sale of <br /> lawfully manufactured cigarettes or other products subject to this ordinance. <br /> 4) By means of self-service display. All licensed products must be stored behind the <br /> sales counter, in a locked case, in a storage unit, or in another area not freely accessible to <br /> the general public. This section does not apply to retail stores that derive at least 90 <br /> percent of their revenue from tobacco and tobacco-related products and which cannot be <br /> entered by any person under the age of 21 (smoke shops). <br /> (Ord.No. 164 2nd series, § 800, 12-8-1997) <br /> State law reference(s)—Self-service sales, Minn. Stat. § 461.18. <br /> 236900v1 Page 6 of 10 <br />