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ORD 20-08
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ORD 20-08
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8/14/2020 9:46:15 AM
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7/31/2020 9:31:54 AM
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type
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date
7/20/2020
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StFikethF8U&S to be removed <br />Underlines to be added <br />E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may <br />appear similar to smoke emitted by traditional tobacco products. Their use in workplaces and public <br />places where smoking of traditional tobacco products is prohibited creates concern and confusion and <br />leads to difficulties in enforcing the smoking prohibitions. <br />SECTION 3. That 5 26-33. - Responsibility of licensee for acts of employees, of the City of Elk <br />River Code of Ordinances shall be amended to read as follows:. <br />All licensees under this articleArticle shall be responsible for the actions of their employees in regard to <br />the sale of tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices <br />on the licensed premises, and the sale of such an item by an employee shall be considered a sale by <br />the license holder. Nothing in this section shall be construed as prohibiting the city from also <br />subjecting the clerk to whatever penalties are appropriate under this articleArticle, state or federal law, <br />or other applicable laws or regulations. <br />SECTION 4. That § Sec. 26-34. - Inspection of licensed premises, of the City of Elk River Code of <br />Ordinances shall be amended to read as follows: <br />All licensed premises shall be open to inspection by the city police department or other authorized <br />city official during regular business hours. <br />SECTION 5. That § Sec. 26-35. - Compliance checks, of the City of Elk River Code of Ordinances <br />shall be amended to read as follows: <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 to test compliance with Minn. Stats. §§ 609.685 and 609.6855. <br />(b) Use of underage personscompliance check minors to conduct checks. <br />(1) The city shall conduct compliance checks by engaging compliance check minors , with <br />persons the written consent of their parents or guardians, minors over the age of 15 years <br />but less than 218 years, to enter the licensed premises to attempt to purchase tobacco, <br />tobacco products, tobacco -related devices, nicotine, or electronic delivery devices. <br />(2) Prior written consent is required for any minor who participates in a compliance check. <br />(32) Minors Persons Compliance check minors used for the purpose of compliance checks shall <br />be supervised by designated law enforcement officers or other designated city personnel. <br />(3) PersonsMinors used for compliance checksCompliance check minors shall not be guilty of <br />the unlawful purchase or attempted purchase or the unlawful possession of tobacco, tobacco <br />products, tobacco -related devices, nicotine, or electronic delivery devices when such items <br />are obtained or attempted to be obtained as a part of the compliance check. <br />(54) No minor person used in compliance checkscompliance check minor shall attempt to use a <br />false identification misrepresenting their the minor's age, and all personsminorscompliance <br />check minors lawfully engaged in a compliance check shall answer all questions about their <br />Last Updated January 2019 <br />p0WERE1 I <br />NATURE <br />
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