7.4 SR 07-20-2020 - Laserfiche WebLink

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Strikethroughs to be removed Underlines to be added 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 articleArticle, state or federal law, or other applicable laws or regulations. SECTION 4. That § Sec. 26-34. - Inspection of licensed premises, of the City of Elk River Code of Ordinances shall be amended to read as follows: All licensed premises shall be open to inspection by the city police department or other authorized city official during regular business hours. SECTION 5. That § Sec. 26-35. - Compliance checks, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Authorized. 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, nicotine, or electronic delivery devices are sold to test compliance with Minn. Stats. §§ 609.685 and 609.6855. Commented \[PHLC1\]: Note: If the minimum legal sales age is raised to 21 compliance checks are performed to test (b) Use of underage personscompliance check minors to conduct checks. compliance with the requirements of this article as well. (1) The city shall conduct compliance checks by engaging compliance check minors , with persons the written consent of their parents or guardians, minors over the age of 15 years but less than 218 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, tobacco-related devices, nicotine, or electronic delivery devices. (2) Prior written consent is required for any minor who participates in a compliance check. Commented \[PHLC2\]: Prior parental/guardian consent is required by state law, but only required for minors. Not (32) Minors PersonsCompliance check minors used for the purpose of compliance checks shall necessary for underage adults. be supervised by designated law enforcement officers or other designated city personnel. Commented \[SB3R2\]: The proposed definition of “Compliance Check Minor” addresses parental permission. (3) PersonsMinors used for compliance checksCompliance check minors shall not be guilty of the unlawful purchase or attempted purchase or the unlawful possession of tobacco, tobacco products, 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. (54) No minor person used in compliance checkscompliance check minor shall attempt to use a false identification misrepresenting their the minor's age, and all personsminorscompliance check minors lawfully engaged in a compliance check shall answer all questions about their minor's age if asked by the licensee or his employee, and shall produce any identification, if any exists, for which he or she 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 6. That § Sec. 26-36. - Exceptions and defenses, of the City of Elk River Code of Ordinances shall be amended to read as follows: Last Updated January 2019