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5) The applicant is prohibited by federal, state, or other local law, ordinance, orotherregulationfromholdingalicense.6) The business for which the license is requested is a moveable place of business.Only fixed-location retail establishments are eligible to be licensed.7)Any other suitable reason that the granting of a license to the applicant isinconsistentwithpublichealth, safety, and welfare, including the applicant's history ofnoncompliancewiththisordinanceandotherlawsrelatingtothesaleoflicensedproducts.B) If a license is mistakenly issued or renewed to a person,the city will revoke thelicenseuponthediscoverythatthepersonwasineligibleforthelicenseunderthisordinance. The city will provide the license holder with notice of the revocation, alongwithinformationontherighttoappeal.Sec. 5.12.130. Prohibited Sales.A) In general.No person shall sell or offer to sell any licensed product: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 />96