Ordinance 865 - Laserfiche WebLink

Home Browse Search

Ord 865 Page 8 512.08: RESPONSIBILITY: All licensees under this Chapter shall be responsible for the actions of their employees in regard to the sale of tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder.Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Chapter, state or federal law, or other applicable law or regulation. 512.09: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging,with the written consent of their parents or guardians,minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age,and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Chapter shall prohibit compliance checks authorized by state or federal laws for educational,research,or training purposes,or required for the enforcement of a particular state or federal law. 512.10: OTHER ILLEGAL ACTS: Unless otherwise provided,the following acts shall be a violation of this Chapter: Subd. 1. Illegal sales. It shall be a violation of this Chapter for any person to sell or otherwise provide any tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device to any minor. Subd. 2. Illegal possession.It shall be a violation of this Chapter for any minor to have in his or her possession any tobacco,tobacco product, tobacco-related device, or nicotine or lobelia delivery device.This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal use.It shall be a violation of this Chapter for any minor to smoke,chew,sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device.