Agenda - Council - 11/23/2021 - Laserfiche WebLink

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tobacco -related devices by any means where by the customer may 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 device between the licensee or his their clerk employee and the customer unless the sale is by means of a vending machine which is controlled by the licensee or his their elemployee. 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. This section does not apply to exclusive tobacco stores. (Code 1978, § 7.93.08) Sec. 26-756. - Responsibility. All licensees under this article 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 article shall be construed as prohibiting the city from also subjecting the clerk employee to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. (Code 1978, § 7.93.09) Sec. 26-757. - Compliance checks and inspections. All licensed premises shall be open to inspection by the city police department or other authorized city official during regular business hours. From time to time, but 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 4-5 17 years but less than 1821 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 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 their employee and shall produce any identification, if any exists, for which he is asked. Nothing in this article 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. (Code 1978, § 7.93.10) State Law reference— Compliance checks, Minn. Stats. § 461.128, subd. 5. Sec. 26-758. - Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco -related device to any minor. (2) Illegal possession. It shall be a violation of this article for any minor to have in his their possession any tobacco, tobacco product, or tobacco -related device. This subdivision shall not apply to minors lawfully involved in a compliance check. (3) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco -related device. (4) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco -related device, and it shall be a violation of this article for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, Ordinance #21-21 Page 5 of 8