5.3. SR 04-14-2008 - Laserfiche WebLink

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-4- If a penalty is imposed, the violator shall be informed where and how to pay the penalty and of the right to appeal the hearing officer's order pursuant to Minn. Stats. g 461.12, subd. 7. (e) Failure to pay penalty. If the violator fails to pay the administrative penalty, the city may collect the delinquent penalty by any legal means. Sec. 26-36. Inspection of licensed premises. All licensed premises shall be open to inspection by the city police department or other authorized city official during regulaz business hours. (coae 19s2, g ~os.18(1p Sec. 26-37. Compliance checks. (a) Authorized. From time to time, but at least once per year, the city shall conduct unannounced compliance checks at each location where tobacco is sold to test compliance with Minn. Stats. ~ 609.685. (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, ox tobacco-related devices. (2) Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers ox other designated city personnel. (3) Minors used for compliance checks shall not be guilty of the unlawful purchase ox attempted purchase ox the unlawful possession of tobacco, tobacco products, or tobacco-related 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 ox his employee, and shall produce any identification, if any exists, fox which he is asked. (c) State and federal compliance checks. Nothing in this section shall prohibit compliance checks authorized by state ox federal laws for educational, xeseazch, or training purposes, or required fox the enforcement of a particular state ox federal law. Sec. 26-38. Exceptions and defenses. Nothing in this article shall prevent the provision of tobacco, tobacco products, ox tobacco-related de~rices to a minor as part of a lawfully recognized religious, spiritual, ox cultural ceremony. It shall be an affirmative defense to a violation of this axtide fox a person to have relied in good faith upon proof of age as described in Minn. Stats. ~ 340A.503, subd. 6. Sec. 26-39. Violations relating to underage persons. (a) Illegal sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device to any person under the age of 18 years. (b) Illegal possession. It shall be a violation of this article for any motor to have in his possession any tobacco, tobacco product, ox tobacco-related device. This subsection shall not apply to minors lawfully involved in a compliance check.