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<br />- .. ------- <br /> '. <br />Section 900. Responsibility. All licensees under this ordinance shall be responsible for the I <br /> -. <br />actions of their employees in regard to the sale of tobacco. tobacco products, or tobacco related <br />devices on the licensed premises, and the sale of such an item by an employee shall be <br />considered a sale by the license holder. Nothing in this section shall be construed as prohibiting <br />the City from also subjecting the clerk to whatever penalties are appropriate under this I <br />Ordinance, State law, or other applicable law or regulation.. (Notc: The clerk would be liable <br />under State law, and some cities find better compliance when the clerk is also subjected to <br />penalties under the ordinance. Each city will need to determine how it wishes to handle the issue I <br />of individual clerk responsibility. In the case of minor clerks, the city may not have the same <br />options available for adult violators. ) I <br />Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to <br />inspection by the city police or other authorized city official during regular business hours. From I <br />time to time, but at least once per year, (Note: City may specify a different schedule, or none at <br />all in terms of the minimum number of checks to be performed.) the city shall conduct <br />compliance checks by engaging minors to enter the licensed premise to attempt to purchase I <br />tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of <br />compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or <br />tobacco related devices when such items are obtained as a part of the compliance check. No I <br />minor used in compliance checks shall attempt to use a false identification misrepresenting the <br />minor's age, and all minors lawfully'engaged in a compliance check shall answer all questions <br />about the minors age asked by the licensee or his or her employee and shall produce any .. <br />identification for which he or she is asked. <br />Section 1100. Other Illegal Acts. Unless otherwise provided, the following acts shall be a I <br />violation of this ordinance. <br />Subd.l Illegal Possession. It shall be a violation of this ordinance for any minor to have . <br />in his or her possession any tobacco, tobacco product, or tobacco related device. This <br />subdivision shall not apply to minors lawfully involved in a compliance check on behalf . <br />of the city, or who have only temporary possession during a legal sales transaction. <br />Subd. 2 Illegal Use. It shall be a violation of this ordinance for any minor to smoke, I <br />chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. <br />Subd. 3 Illegal Procurement. It shall be a violation of this ordinance for any minor to . <br />purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or <br />tobacco related device, and it shall be a violation of this ordinance for any person to <br />purchase or otherwise obtain such items on behalf of a minor. It shall also be violation of . <br />this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, <br />or tobacco related device to any minor, and it shall further be a violation for any person to I <br />coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any <br />tobacco. tobacco product, or tobacco related device. This subdivision shall not apply to <br />minors lawfully involved in a compliance check 0n behalf of the city. .. <br /> I <br />----- <br />