Ordinance No. 068 Tobacco and Nicotine Regulation

Home

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