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2024 05-14 PC PACKET
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2024 05-14 PC PACKET
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Last modified
12/9/2025 8:09:17 AM
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12/9/2025 8:08:58 AM
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Administration
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ADM 05000
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PLANNING PACKET
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PERMANENT
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as prohibiting the City from also subjecting the employee of the Licensee to whatever penalties are <br />appropriate under this Ordinance, State or Federal law, or 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, with the written consent of their parents or <br />guardians, Minors over the age of fifteen (15) years but less than eighteen (18) years, to enter upon the <br />premises of the licensed Retail Establishment and to attempt to purchase Tobacco, Tobacco Products, <br />or Tobacco Related Devices 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 yearsMinors used for the purpose of compliance <br />checks shall be supervised by designated law enforcement officers or other authorized <br />personnel of the City. <br />3. Hold Harmless. Persons under the age of 21 years Minors used for the purpose of <br />compliance checks shall not be guilty of the unlawful purchase or attempted purchase nor the <br />unlawful possession of Tobacco, Tobacco Products, or Related Tobacco Deviceslicensed <br />products when such items are obtained or attempted to be obtained as part of a compliance <br />check. <br />4. False Identification. No persons under the age of 21 years Minor used in a compliance check <br />shall attempt to use a false identification misrepresenting thetheir Minor’s age and all persons <br />under the age of 21 years Minors engaged in a compliance check shall answer all questions <br />about the Minor’s their age asked by the Licensee or an employee of the Licensee and shall <br />produce any identification, if any exists, for which the person under the age of 21 years Minor <br />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: <br />1. Illegal Sales. It shall be unlawful for any person to sell or otherwise provide any licensed <br />productTobacco, Tobacco Product or Related Tobacco Device to any person under the age of <br />21 years Minor. <br />2. Illegal Possession. It shall be unlawful for any person under the age of 21 years minor to have <br />in their possession any licensed product Tobacco, Tobacco Product, or Related Tobacco <br />Device unless such Minor person is lawfully engaged in a compliance check under this <br />Ordinance. <br />3. Illegal Use. It shall be unlawful for any person under the age of 21 years Minor to smoke, <br />chew, sniff, or otherwise use any Tobacco, Tobacco Product, or Related Tobacco <br />Devicelicensed product.
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