Laserfiche WebLink
A. Section 708.14 (2) of this ordinance will expire upon <br />the effective date and implementation of Code of Federal <br />Regulations, Title 21, Part 897.16(c) . <br /> <br />708.16 - RESPONSIBILITY. <br /> <br />Ail licensees under this ordinance shall be responsible for the <br />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 an item by an employee shall be <br />considered a sale by the license holder. Nothing in this section <br />shall be construed as prohibiting the city from also subjecting <br />the clerk to whatever penalties are appropriate under this <br />Ordinance, State or Federal law, or other applicable law or <br />regulation. <br /> <br />708.18 - COMPLIANCE CHECKS AND INSPECTIONS. <br /> <br />1. Inspections. Ail licensed premises shall be open to <br />inspection by the Elk River Police Department or other authorized <br />city official during regular business hours. <br /> <br />2. Compliance Checks. From time to time, but at least once per <br />year, the city shall conduct unannounced compliance checks at <br />each location where tobacco is sold to test compliance with <br />Minn. Stat. Section 609.685. <br /> <br />3. Minors Involved in Compliance Checks. The City shall conduct <br />compliance checks by engaging, with the written consent of their <br />parents or guardians, minors over the age of fifteen (15) years <br />but less than eighteen (18) years, to enter the licensed premise <br />to attempt to purchase tobacco, tobacco products, or tobacco <br />related devices. <br /> <br />A. Minors used for the purpose of compliance checks shall <br />be supervised by designated law enforcement officers or <br />other designated city personnel. <br /> <br />B. Minors used for compliance checks shall not be guilty <br />of the unlawful purchase or attempted purchase, nor the <br />unlawful possession of tobacco, tobacco products, or tobacco <br />related devices when such items are obtained or attempted to <br />be obtained as a part of the compliance check. <br /> <br />C. No minor used in compliance checks shall attempt to <br />use a false identification misrepresenting the minor's age, <br />and all minors lawfully engaged in a compliance check shall <br />answer all questions about the minor's age asked by the <br />licensee or his or her employee, and shall produce any <br />identification, if any exists, for which he or she is asked. <br /> <br />4. State/Federal Compliance Checks. Nothing in this Section <br />shall prohibit compliance checks authorized by State or Federal <br />laws for educational, research, or training purposes, or required <br />for the enforcement of a particular State or Federal law. <br /> <br /> <br />