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<br /> <br />Sec. 26-35. - Compliance checks. <br />(a) Authorized. From time to time, but at least once per year, the city shall conduct unannounced <br />compliance checks at each location where tobacco, tobacco-related devices, nicotine, or electronic <br />delivery devices are sold. <br />(b) Use of compliance check minors to conduct checks. <br />(1) The city shall conduct compliance checks by engaging compliance check minors to enter the <br />licensed premises to attempt to purchase tobacco, tobacco-related devices, nicotine, or electronic <br />delivery devices. <br />(2) Compliance check minors shall be supervised by designated law enforcement officers or other <br />designated city personnel. <br />(3) Compliance check minors shall not be guilty of the unlawful purchase or attempted purchase or <br />the unlawful possession of tobacco, tobacco-related devices, nicotine, or electronic delivery <br />devices when such items are obtained or attempted to be obtained as a part of the compliance <br />check. <br />(4) No compliance check minor shall attempt to use a false identification misrepresenting their age, <br />and all compliance check minors lawfully engaged in a compliance check shall answer all <br />questions about their age if asked by the licensee or his employee, and shall produce any <br />identification, if any exists, for which he or she is asked. <br />(c) State and federal compliance checks. Nothing in this section shall prohibit compliance checks <br />authorized by state or federal laws for educational, research, or training purposes, or required for the <br />enforcement of a particular state or federal law. <br /> <br />Sec. 26-36. - Exceptions and defenses. <br />(a) Nothing in this Article shall prevent the provision of tobacco, tobacco-related devices, nicotine, or <br />electronic delivery devices to a person under the age of 21 years as part of a lawfully recognized <br />religious, spiritual, or cultural ceremony. <br />(b) It shall be an affirmative defense to a violation of this Article for a person to have relied in good faith <br />upon proof of age as described in Minn. Stats. § 340A.503, subd. 6. <br />(c) The penalties in section 26-73 do not apply to a person under the age of 21 years who purchases or <br />attempts to purchase tobacco, tobacco-related devices or electronic delivery devices while under the <br />direct supervision of a responsible adult for training, education, research, or enforcement purposes. <br />(d) A product containing or delivering nicotine intended for human consumption, or any part of such a <br />product, that is not tobacco or an electronic delivery device, as defined by section 26-31, may be sold <br />to persons under the age of 21 years if the product has been approved or otherwise certified for legal <br />sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, <br />or for other medical purposes, and is being marketed and sold solely for that approved purpose. <br /> <br />Sec. 26-37. - Violations relating to underage persons. <br />(a) Illegal sales. It shall be a violation of this Article for any person to sell, offer to sell, give, or otherwise <br />furnish any tobacco, tobacco-related device, nicotine, or electronic delivery device to any person under <br />the age of 21 years. <br />(b) Illegal procurement. It shall be a violation of this Article for any person to purchase or otherwise <br />obtain tobacco, tobacco-related devices, nicotine, or electronic delivery devices on behalf of a person <br />under the age of 21 years. It shall further be a violation for any person to coerce or attempt to coerce <br /> Page 3 <br /> <br />