03-26-07 Item 7A, Ordinance 359 Tobacco Ordinance

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