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Article V. Other Tobacco Retailer Permitting and other Regulations 9.32.070 Tobacco retailer requirements and prohibitions. A. Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer permit under this chapter for each location at which tobacco retailing is to occur. Tobacco retailing without a valid permit constitutes a nuisance as a matter of law. B. Lawful Business Operation. It is a violation of this chapter for any person to violate any local, state or federal law applicable to tobacco retailing. C. Display of Tobacco Retailer Permit. Each tobacco retailer must prominently display the permit in a publicly visible area at the permitted location. D. Positive Identification Required. No tobacco retailer may sell a tobacco product or tobacco paraphernalia to a person who is under the age of twenty-seven (27) years (see 21 Code of Fed. Regs. §1140.14, as amended) without first examining the identification of the consumer to confirm that the consumer is at least the minimum age for sale of tobacco products as established by state law. E. On-Site Sales. All sales of tobacco products and tobacco paraphernalia to consumers must be conducted in-person at the permitted location. It is a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to: deliver tobacco products or tobacco paraphernalia or to knowingly or recklessly sell a tobacco product or tobacco paraphernalia to any person that intends to deliver such tobacco products or tobacco paraphernalia to a consumer in the city; and to sell a tobacco product or tobacco paraphernalia at a non-fixed location, including, but not limited to, tobacco retailing by persons on foot or from vehicles. F. False and Misleading Advertising Prohibited. A tobacco retailer without a valid permit, including, for example, a person whose permit has been suspended or revoked: 1. Must keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products and tobacco paraphernalia in violation of this provision constitutes tobacco retailing without a permit in violation of Section 9.32.150; and 2. Must not display any advertisement related to tobacco products and tobacco paraphernalia that promotes the sale of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. G. Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a permit any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. 4