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03-26-07 Item 7A, Ordinance 359 Tobacco Ordinance
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03-26-07 Item 7A, Ordinance 359 Tobacco Ordinance
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6/25/2007 3:52:11 PM
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03-26-07 Item 7A, Ordinance 359
General - Type
Agenda Item
Category
Approval of Ordinance 359 Tobacco Ord
Date
3/26/2007
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<br />Subd 5. Containing opium, morphine, jimsonweed, bella donna, strychos, <br />cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled <br />substances except nicotine and other substances found naturally in tobacco or <br />added as part of an otherwise lawful manufacturing process; and/or <br /> <br />Subd 6. By any means or form prohibited by federal, state, or local law. <br /> <br />350.07 Vending Machines. <br />It shall be unlawful for any person to allow the sale of a tobacco product, or a <br />tobacco related device by means of a vending machine unless minors are at all <br />times prohibited form entering the licensed establishment. <br /> <br />350.08 Resllonsibilitv. <br />All licensees under this ordinance shall be responsible for the actions of their <br />employees in regard to the sale of a tobacco product, or a tobacco related device <br />licensed premises. <br /> <br />350.09 Compliance Checks and Inspections. <br />All premises shall be open to inspections by the City's law enforcement agency, <br />authorized representatives, or other City Officials during regular business hours. <br />Compliance checks will be completed at least one time per calendar year at each <br />location where tobacco is licensed to be sold and in accordance with Minnesota <br />Statutes Section 461.12, Subd. 5. Compliance checks shall utilize minors over the <br />age of 15, but under the age of 18, who, with prior written consent of a parent or <br />guardian, attempt to purchase tobacco under the direct supervision of a law <br />enforcement officer or an employee of the licensing authority. Minors used for a <br />compliance check shall not be guilty of the unlawful purchase or attempt to <br />purchase, nor the unlawful possession of a tobacco product, or tobaccocrelated <br />device when such items are obtained as part of a compliance check. No minor <br />used in a compliance check shall attempt to use a false identification or <br />misrepresenting the minor's age, and all minors lawfully engaged in a compliance <br />check shall answer all questions about the minor's age asked by the licensee or <br />licensee's employee, and shall produce any identification, if any exists, for which <br />he or she is asked. Nothing in this section shall prohibit a compliance check <br />authorized by state or federal laws for educational, research, or training purposes, <br />or required for the enforcement of a particular state or federal law. <br /> <br />350.10 Other Illegal Acts. <br />It shall be unlawful for any person to sell or otherwise provide a tobacco product, <br />or a tobacco related device to a minor. <br /> <br />Subd. 1 Illegal Sales. It shall be unlawful for any person to sell or otherwise <br />provide a tobacco product, or a tobacco related device to a minor. <br />
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