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

Home Browse Search

Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City's law enforcement agency, representatives, or other authorized City Officials during regular business hours. From time to time, but at least once per year, the City or its authorized representative shall conduct a compliance check by engaging, with the written consent of their parents or guardians, minors over the age of fIfteen (15) years but less than eighteen (18) years to enter the licensed premises to attempt to purchase a tobacco product, or a tobacco related device. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers, or other designated personnel. 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 tobacco related 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 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 of federal law. City staff is recommending that the following language be adopted in 350.09 of the City's Tobacco Products Section of the City Code: 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 tobacco-related 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. 3. City staff is recommending that the following language identified in bold be deleted from 350.11, subd 1. and subd 2. of the City's Tobacco Products Section of the City Code. Administrative Fine. Suspension or Revocation. Subd. 1. Any violation ofthe City's regulations relating to the issuance of a tobacco product license or of any condition/restriction attached to the issuance of such license shall be cause for the imposition of an administrative fine, suspension of the license or revocation of the license pursuant to the procedures described herein. A licensee whose license has been revoked shall not be eligible for another tobacco product license for one (1) year from the date of license revocation. 2