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-3- <br />possession, and use are violations of both state and federal laws, and because studies, which are hereby <br />accepted and adopted, have shown that most smokers begin smoking before they have reached the age <br />of 18 years and that those persons who reach the age of 18 years without having started smoking are <br />significantly less likely to begin smoking, and because smoking has been shown to be the cause of <br />several serious health problems which subsequently place a financial burden on all levels of <br />government, this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco <br />products, and tobacco-related devices for the purpose of enforcing existing laws, to protect minors <br />against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco- <br />related devices, and to prevent young people from starting to smoke as stated in Minn. Stats. ~ <br />144.391. <br />Sec. 26-33. Responsibility of licensee for acts of employees. <br />All licensees under this article shall be responsible for the actions of their employees in regard to the <br />sale of tobacco, tobacco products, or tobacco-related devices on the licensed premises, and the sale of <br />such an item by an employee shall be considered a sale by the license holder. Nothing in this section <br />shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are <br />appropriate under this article, state or federal law, or other applicable law or regulation. <br />Sec. 26-34. Inspection of licensed premises. <br />All licensed premises shall be open to inspection by the city police department or other authorized city <br />official during regular business hours. <br />(Code 1982, ~ 708.18(1)) <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 is sold to test compliance with Minn. Stats. <br />~ 609.685. <br />(b) Use of minors to conduct checks. <br />(1) The city shall conduct compliance checks by engaging, with the written consent of their <br />parents or guardians, minors over the age of 15 years but less than 18 years, to enter the <br />licensed premises to attempt to purchase tobacco, tobacco products, or tobacco-related <br />devices. <br />(2) Minors used for the purpose of compliance checks shall be supervised by designated <br />law enforcement officers or other designated city personnel. <br />(3) Minors used for compliance checks shall not be guilty of the unlawful purchase or <br />attempted purchase or the unlawful possession of tobacco, tobacco products, or <br />tobacco-related devices when such items are obtained or attempted to be obtained as a <br />part of the compliance check. <br />(4) No minor used in compliance checks shall attempt to use a false identification <br />misrepresenting the minor's age, and all minors lawfully engaged in a compliance check <br />shall answer all questions about the minor's age asked by the licensee or his employee, <br />and shall produce any identification, if any exists, for which he 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 <br />for the enforcement of a particular state or federal law. <br />S:\Administration\Licenses\Tobacco\Ordinance Amendment 2007\Ordinance Final Tobacco May 09.doc <br />