ORD 15-01 - Laserfiche WebLink

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to be removed Underlines to be added SECTION 3. That � 26 -33, Responsibility of licensee for acts of employees shall be amended to read as follows: All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, et tobacco - related devices, nicotine, or electronic delivery 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 from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. SECTION 4. That X26 -35, Compliance checks shall be amended as follows: (a) Authoaz.ed. From time to time, but at least once per year, the city shall, conduct unannounced compliance checks at each location where tobacco tobacco related devices nicotinc or electronic delivery devices are fill sold to test compliance with Minn. Stats. § 609.685 and 609.6855. (b) Use of minors to conduct checks. (1) The city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over.the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, et tobacco - related devices nicotine or electronic deliver- devices. (2) Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. (3) Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase or the unlawful possession of tobacco, tobacco products, e{ tobacco - related devices, nicotine, or electronic delivery devices when such items are obtained or attempted to be obtained as a part of the compliance check. (4) 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 employee, and shall produce any identification, if any exists, for which he is asked. (c) State and federal compliance checks. 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 5. That §26 -36 Exceptions and defenses shall be amended as follows: Nothing in this article shall prevent the provision of tobacco, tobacco products, er tobacco - related devices nicotine or electronic delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to a violation of this article for a person to have relied in good faith upon proof of age as described ul Minn. Rats, 340A.503, subd. 6. The penalties in section 26 -73 da not apple to a person under th_ e of 18 nears who purchases or attempts to l7urchase tobacco, tobacco related devices or electronic deliverva devices Last Updated March 2014 [INS1