ORD 20-08 - Laserfiche WebLink

Home Browse Search

i S*•i'(^„ s to be removed Underlines to be added 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: (a) Nothing in this articleArticle shall prevent the provision of tobacco, tobacco products, tobacco - related devices, nicotine, or electronic delivery devices to a minor person under the age of 21 years as part of a lawfully recognized religious, spiritual, or cultural ceremony. {�►} l� It shall be an affirmative defense to a violation of this articleArticle for a person to have relied in good faith upon proof of age as described in Minn. Stats. § 340A.503, subd. 6. (c) The penalties in section 26-73 do not apply to a person under the age of 18 21 years who purchases or attempts to purchase tobacco, tobacco -related devices or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. (d) A product containing or delivering nicotine intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device, as defined by section 26-31, may be sold to persons under the age of 218 years if the product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. SECTION 7. That § Sec. 26-37. - Violations relating to underage persons, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Illegal sales. It shall be a violation of this articleArticle for any person to sell, or offer to sell, give, or otherwise furnish any tobacco, tobacco product, tobacco -related device, nicotine, or electronic delivery devices to any person under the age of 218 years. (1) Age verification. Licensees must verify by means of government -issued photographic identification that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. Notice of the legal sales age and age verification requirement must be posted at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. INAURE Last Updated January 2019