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CC PACKET 10082019
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CC PACKET 10082019
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All licensees under this subchapter shall be responsible for the actions of their employees in regard <br />to the sale, offer to sell, and furnishing of tobacco, tobacco products, tobacco related devices, or <br />electronic delivery deviceslicensed products on the licensed premises. ,T and the sale, offer to sell, or <br />furnishing of any licensed product of such an item by an employee shall be considered an act of a sale <br />by the license holder. Nothing in this subchapter shall be construed as prohibiting the city from also <br />subjecting the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or <br />other applicable law or regulation. <br /> <br /> <br />§ 111.0534 COMPLIANCE CHECKS AND INSPECTIONS. <br /> <br />All licensed premises must be open to inspection by law enforcement or other authorized city <br />officials during regular business hours. From time to time, but at least [twice] per year, the city will <br />conduct compliance checks. In accordance with state law, the city will conduct [at least one compliance <br />check that involves the participation of two persons: one person between the ages of 15 and 17 and one <br />person between the ages of 18 and 20] [at least one compliance check that involves the participation of <br />a person between the ages of 15 and 17 and at least one compliance check that involves the participation <br />of a person between the ages of 18 and 20] to enter licensed premises to attempt to purchase licensed <br />products. Prior written consent is required for any person under the age of 18 to participate in a <br />compliance check. Persons used for the purpose of compliance checks will be supervised by law <br />enforcement or other designated personnel. All licensed premises shall be open to inspection by the <br />Police Department or other authorized city official during regular business hours. At least once per year, <br />the city shall conduct compliance checks by engaging, with the written consent of their parents or <br />guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt <br />to purchase tobacco, tobacco products, tobacco related devices, or electronic delivery devices. Minors <br />used for the purpose of compliance checks shall be supervised by city designated law enforcement <br />officers or other designated city personnel. Minors used for compliance checks shall not be guilty of <br />unlawful possession of tobacco, tobacco products, or tobacco related devices when the items are obtained <br />as a part of the compliance check. No person mi nor used in compliance checks shall attempt to use a <br />false identification misrepresenting the personminor’s age, and all personsminors lawfully engaged in a <br />compliance check shall answer all questions about their minor’s age asked by the licensee or the <br />licensee’s employee and shall produce any identification, if any exists, for which the person minor is <br />asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for <br />educational, research, or training purposes, or required for the enforcement of a particular state or federal <br />law. <br /> <br /> <br />§ 111.0545 OTHER PROHIBITEDILLEGAL ACTS. <br /> <br />Unless otherwise provided, the following acts are an administrative violation of this ordinance: <br /> <br />(A) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years <br />of age or older to purchase or otherwise obtain any licensed product on behalf of a person under the <br />age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to <br />coerce a person under the age of 21 to purchase or attempt to purchase any licensed product. <br /> <br />(A) Use of false identification. It is a violation of this ordinance for any person to use any form of false <br />identification, whether the identification is that of another person or has been modified or tampered <br />with to represent an age older than the actual age of the person using that identification. <br />Other illegal acts by minors. Unless otherwise provided, it shall be unlawful for any minor: <br />96
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