Agenda - Council - 01/22/2008 - Laserfiche WebLink

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have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related devise between the licensee or his or her clerk and the customer unless the .sale is by means of a vending machine which is controlled by the licensee or his or her clerk. All tobacco, tobacco products, and tobacco. related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this section within sixty days. This paragraph does not apply to Exclusive Tobacco Stores. SECTION 9. RESPONSIBILITY All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related 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 section shall be construed as prohibiting the City of Ramsey from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State or Federal law, or other applicable law or regulation. SECTION 10. COMPLIANCE CHECKS AND INSPECTIONS All licensed premises shall be open to inspection by the Ramsey Police Department or other authorized City of Ramsey official during regular business hours. From time to time, but at least once per year, the City of Ramsey shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated City of Ramsey personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained .or attempted to be 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 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. SECTION 11. OTHER ILLEGAL ACTS Unless otherwise provided, the following acts shall be a violation of this ordinance. Subd. 1. Illegal Sales.. -146-