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<br />Ord 865 <br />Page 8 <br /> <br />512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to <br />allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery <br />devices by any means where by the customer may have access to those items without having to <br />request the item from the licensee or the licensee's employee and whereby there is not a physical <br />exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery <br />device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, <br />tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a <br />counter or other area not freely accessible to customers, or in a case or other storage unit not left <br />open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco- <br />related devices, or nicotine or lobelia delivery devices at the time this Chapter is adopted shall <br />comply with this section within 90 days following the effective date of this Chapter. <br /> <br /> <br />512.08: RESPONSIBILITY: All licensees under this Chapter shall be responsible for the <br />actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, <br />or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an <br />employee shall be considered a sale by the license holder. Nothing in this section shall be construed <br />as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this <br />Chapter, state or federal law, or other applicable law or regulation. <br /> <br /> <br />512.09: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be <br />open to inspection by the police department or other authorized City official during regular business <br />hours. From time to time, but at least once per year, the City shall conduct compliance checks by <br />engaging, with the written consent of their parents or guardians, minors over the age of 15 years but <br />less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, <br />tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of <br />compliance checks shall be supervised by city designated law enforcement officers or other <br />designated city personnel. Minors used for compliance checks shall not be guilty of unlawful <br />possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery <br />devices when those items are obtained as a part of the compliance check. No minor used in <br />compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all <br />minors lawfully engaged in a compliance check shall answer all questions about the minor's age <br />asked by the licensee or his or her employee and shall produce any identification, if any exists, for <br />which he or she is asked. Nothing in this Chapter shall prohibit compliance checks authorized by <br />state or federal laws for educational, research, or training purposes, or required for the enforcement <br />of a particular state or federal law. <br /> <br /> <br />512.10: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a <br />violation of this Chapter: <br /> <br />Subd. 1. Illegal sales. It shall be a violation of this Chapter for any person to sell or otherwise <br />provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery <br />device to any minor.