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Ordinance # 177
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Ordinance # 177
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Section 900 Responsibility. All licensee under this ordinance shall be <br /> �- responsible for the actions of their employees in regard to the sale of <br /> tobacco, tobacco products, or tobacco related devices on the licensed <br /> premises , and the sale of such an item by an employee shall be <br /> considered a sale by the license holder . Nothing in this section shall <br /> be construed as prohibiting the City from also subjecting the clerk to <br /> whatever penalties are appropriate under this Ordinance, State or <br /> Federal law, or other applicable law or regulation. <br /> Section 1000. Compliance Checks and Inspections . All licensed premises <br /> shall be open to inspection by the city police or other authorized city <br /> official during regular business hours . From time to time , but at <br /> least once per year , the city shall conduct compliance checks by <br /> engaging, with the written consent of their parents or guardians, <br /> minors over the age of fifteen ( 15 ) years but less than eighteen ( 18) <br /> years , to enter the licensed premise to attempt to purchase tobacco, <br /> tobacco products , or tobacco related devices . Minors used for the <br /> purpose of compliance checks shall be supervised by city designated law <br /> enforcement officers or other designated city personnel . Minors used <br /> for compliance checks shall not be guilty of unlawful possession of <br /> tobacco, tobacco products, or tobacco related devices when such items <br /> are obtained as a part of the compliance check. No minor used in <br /> compliance checks shall attempt to use a false identification <br /> misrepresenting the minor ' s age , and all minors lawfully engaged in a <br /> compliance check shall answer all questions about the minor ' s age asked <br /> by the licensee or his or her employee and shall produce any <br /> identification, if any exists , for which he or she is asked. Noting in <br /> this Section shall prohibit compliance checks authorized by State or <br /> Federal laws for education, research, or training purposes , or required <br /> for the enforcement of a particular State or Federal law. <br /> Section 1100. Other Illegal Acts . Unless otherwise provided, the <br /> following acts shall be a violation of this ordinance . <br /> Subd. 1 Illegal Sales . It shall be a violation of this ordinance <br /> for any person to sell or otherwise provide any tobacco, tobacco <br /> product , or tobacco related device to any minor . <br /> Subd . 2 Illegal Possession. It shall be a violation of this <br /> ordinance for any minor to have in his or her possession any <br /> tobacco, tobacco product, or tobacco related device . This <br /> subdivision shall not apply to minors lawfully involved in a <br /> compliance check. <br /> Subd. 3 Illegal Use . It shall be a violation of this ordinance <br /> for any minor to smoke, chew, sniff , or otherwise use any tobacco, <br /> tobacco product , or tobacco related device . <br /> page 6 <br />
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