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W6, § 111.051 VENDING MACHINES. It shall be unlawful for any person licensed under this code to allow the sale of tobacco, tobacco products, tobacco related devices, or electronic delivery devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. (1993 Code, § 510.08) Penalty, see § 10.99 § 111.052 SELF-SERVICE SALES. (A) It shall be unlawful for a licensee under this code to allow the sale of single packages of cigarettes or smokeless tobacco if the customer may have access to the items without having to request the item from the licensee of the licensee's employees and if there is not a physical exchange of the single packages of cigarettes or smokeless tobacco between the licensee or the licensee's clerk and the customer. All single packs of cigarettes or smokeless tobacco shall either be stored behind a counter, in a case or other storage unit not left open and accessible to the general public, or otherwise are not freely accessible to customers. Any retailer selling single packs of cigarettes or smokeless tobacco at the time of adoption of this subchapter, shall have 60 days to comply with this section. (B) At such time as the FDA regulations regarding self-service of tobacco products are adopted, those provisions shall be adopted by reference and supercede the current self-service language of this section. (1993 Code, § 510.09) Penalty, see § 10.99 § 111.053 RESPONSIBILITY. All licensees under this subchapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco related devices, or electronic delivery devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this subchapter shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or other applicable law or regulation. (1993 Code, § 510.10) § 111.054 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. 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 premises to attempt to purchase tobacco, tobacco products, tobacco related devices, or electronic 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, or tobacco related devices when the 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 the licensee's employee and shall produce any identification, if any exists, for which the minor is asked. Nothing in this section 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.(1993 Code, § 510.11)