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2024 05-21 CC Packet
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2024 05-21 CC Packet
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2. Other Exemptions. Under State law, the self-service restrictions described in 6.1 shall not <br />apply to Retail Establishments which derive at least ninety (90%) percent of their gross <br />revenue from the sale of licensed products, and where the retailer ensures that no person <br />under the age of 21 years is present, or permitted to enter, at any time. <br />2. Conversion of Premises. Licensees under this Ordinance shall, within sixty (60) days of the effective <br />date of Ordinance 68, but not later than the 28th day of February in the year 1998 , shall bring their <br />licensed premises into compliance with this Section, unless otherwise directed in writing by the <br />Administrator. <br />Section 7. <br />1. Responsibility. All Licensees under this Ordinance shall be responsible for the actions of their <br />employees in regard to the sale of licensed products, on the premises of the licensed Retail <br />Establishment, and the sale of such an item by an employee shall be considered a sale by the Licensee. <br />Nothing in this Ordinance shall be construed as prohibiting the City from also subjecting the employee <br />of the Licensee to whatever penalties are appropriate under this Ordinance, State or Federal law, or <br />other applicable law or regulation. <br />Section 8. <br />1. City Compliance Checks and Inspections. From time to time, but not less than once during each <br />term of the license, the City or its authorized agent shall conduct compliance checks by engaging <br />persons at least 17 years of age, but under the age of 21 years, who, with the prior written consent of a <br />parent or guardian if the person is under the age of 18 years, to enter upon the premises of the licensed <br />Retail Establishment and to attempt to purchase licensed products as follows: <br />1. Right of Entry. All premises of licensed Retail Establishments shall be open to inspection by <br />the City’s law enforcement agency or other authorized City official or agent of the City during <br />regular business hours. <br />2. Supervision. Persons under the age of 21 years used for the purpose of compliance checks <br />shall be supervised by designated law enforcement officers or other authorized personnel of <br />the City. <br />3. Hold Harmless. Persons under the age of 21 years used for the purpose of compliance checks <br />shall not be guilty of the unlawful purchase or attempted purchase nor the unlawful <br />possession of licensed products when such items are obtained or attempted to be obtained as <br />part of a compliance check. <br />4. False Identification. No persons under the age of 21 years used in a compliance check shall <br />attempt to use a false identification misrepresenting their age and all persons under the age of <br />21 years engaged in a compliance check shall answer all questions about the their age asked <br />by the Licensee or an employee of the Licensee and shall produce any identification, if any <br />exists, for which the person under the age of 21 years is asked. <br />2. Licensee Notification. Immediately following a compliance check performed in accordance with this <br />Ordinance by the City or its authorized agents, the Licensee shall be notified of the results of the <br />compliance check. <br />3. Inspection by Others. Nothing in this Ordinance shall prohibit compliance checks authorized by State <br />or Federal laws for educational, research, or training purposes, or required for the enforcement of a <br />particular State or Federal law. <br />Section 9. <br />1. Other Illegal Acts. Unless otherwise provided for herein, the following acts shall be considered <br />unlawful and in violation of this Ordinance:
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