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350.09 Compliance Checks and Inspections. <br />All licensed premises shall be open to inspections by the City police or other authorized City <br />official during regular business hours. From time to time, but at least twice per year, the City <br />shall conduct compliance checks by engaging persons over the age of 15, but less than 21 years <br />to enter the licensed premise to attempt to purchase licensed products. Prior written consent of a <br />minor's parent or guardian is required for any person under the age of 18 who participates in a <br />compliance check. Persons used for the purpose of compliance checks shall be supervised by <br />City designated law enforcement officers or other designated City personnel. No persons under <br />age 21 used in compliance checks shall attempt to use a false identification misrepresenting the <br />person's age, and all persons under the age of 21 lawfully engaged in a compliance check shall <br />answer all questions about the person's age asked by the licensee or his or her employee, and <br />shall produce any identification, if any exists, for which he or she is asked. Nothing in this <br />section shall prohibit compliance checks authorized by state or federal laws for educational, <br />research, or training purposes, or required for the enforcement of a particular state or federal <br />law. (amended 3/26/07) <br />350.10 Other Illegal Acts. <br />Unless otherwise provided, the following acts shall be a violation of this section. <br />Subd. 1 Illegal Sales. It shall be a violation of this section for any person to sell or otherwise <br />provide any licensed product to any person under the age of 21. <br />Subd. 2 Illegal Procurement. shall be a violation of this section for any person, aged 21 or <br />older, to purchase or otherwise obtain licensed products on behalf of a person under the age of <br />21. It shall further be a violation for any person, aged 21 or older, to coerce or attempt to coerce <br />a person under age 21 to illegally purchase or otherwise obtain or use any licensed products. <br />Subd. 3 Use of False Identification. It shall be a violation of this section for any person to <br />attempt to disguise his or her true age by the use of a false form of identification whether the <br />identification is that of another person or one on which the age of the person has been modified <br />or tampered with to represent an age older than the actual age of the person. <br />350.11 Administrative Fine, Suspension or Revocation. <br />Any violation of the City's regulations relating to the issuance of Tobacco Products License or of <br />any conditions/ restrictions attached to the issuance of such license shall be cause for the <br />imposition of an administrative fine, the suspension of the license, or the revocation of the <br />license. A licensee whose license has been revoked shall not be eligible for another Tobacco <br />Product License for one year from the date of license revocation. <br />If the violation relates to the sale of licensed products to persons under the age of 21 by licensee <br />or licensee's employees, the following administrative fines, suspensions, or revocations shall be <br />imposed by the City: (amended 3/26/07) <br />Subd. 1 The first such violation shall subject the licensee to the payment of an administrative <br />fine of $150; <br />Subd. 2 The second violation within 24 months shall subject the licensee to the payment of an <br />administrative fine of $600; <br />8 <br />199122v1 <br />