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Section 50.070. Vending Machines. <br />It shall be unlawful for any person licensed under this <br />Ordinance to allow the sale of tobacco, tobacco products, or <br />tobacco related devices by the means of a vending machine. <br />Section 50.080. Self -Service Sales. <br />It shall be unlawful for a licensee under this Ordinance to <br />allow the sale of tobacco, tobacco products, or tobacco related <br />devices by any means whereby the customer may have access to such <br />items without having to request the item from the licensee or the <br />licensee's employee. All tobacco, tobacco products, and tobacco <br />related devices shall be stored behind a counter or other area not <br />freely accessible to customers. <br />Section 50.090. Responsibility. <br />All licensees under this Ordinance shall be responsible for <br />the actions of their employees in regard to the sale of tobacco, <br />tobacco products, or tobacco related devices on the licensed <br />premises, and the sale of such a item by an employee shall also be <br />considered a sale by the license holder, and each can be held <br />responsible for any criminal and/or civil penalties imposed herein. <br />Section 50.100. Compliance Checks and Inspections. <br />All licensed premises shall be open to inspection by the City <br />Police (or Washington County Sheriff's Officers) or other <br />authorized City official during regular business hours. From time <br />to time, but at least once per year, the City shall conduct <br />compliance checks by engaging minors to enter the licensed premises <br />to attempt to purchase tobacco, tobacco products, or tobacco <br />related devices. Minors used for the purpose of compliance checks <br />shall not be guilty of unlawful possession of tobacco, tobacco <br />products, or tobacco related devices when such items are obtained <br />as a part of the compliance check. Retail establishments <br />possessing a Class A License shall be subject to at least two (2) <br />compliance checks per year. <br />Section 50.110. Other Illegal Acts. <br />Unless otherwise provided, the following acts shall be a <br />violation of this Ordinance. <br />Subd. 1. Illegal Possession. It shall be a violation of <br />this Ordinance for any minor to have in his or her possession <br />any tobacco, tobacco product, or tobacco related device. This <br />subdivision shall not apply to minors lawfully involved in a <br />compliance check on behalf of the City. <br />Rev. 10/07/97 6 <br />