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City Council Study Session - 08/15/05 Minutes - Page 5 Chief Sletner noted that the program had been initiated through the Mayor's Commission Against Drugs through Ramsey County, in an effort to stop distribution and identifying that purchase and use of tobacco started an individual along a route to using stronger drugs. Chief Sletner noted that tobacco was considered a "gateway drug" at that time; and the purpose of the compliance checks was to determine if licensed tobacco businesses were following City ordinance; noting that the City's ordinance provided for an accelerated rate of penalty, depending on the level of compliance. Councilmember Maschka asked, and Chief Sletner confirmed that only three of the 35 businesses checked had failed the last check. Chief Sletner questioned the concerns raised by the business owner at the last Council meeting, as she was not aware of any major concerns with his lack of compliance. Councilmember Maschka suggested that the business owner had felt "entrapped;" but opined that if the business owner held a license, that was a privilege and government has a right to ensure compliance, and that "probable cause" issues were not a consideration, given the nature of the business being licensed. Chief Sletner addressed the business owner's concerns and statements regarding students misrepresenting themselves to clerks. Chief Sletner noted that each student participant was photographed before their attempted sales, and they look young, but that should prompt store clerk's to be more diligent regarding the need for proper identification. Chief Sletner noted that the Police Department tested for compliance, but that licenses were issued through the Finance Department. City Attorney Jay Squires commented that by applying for a license, the licensee was consenting to a compliance process such as those performed, and was different than a typical "search and seizure" and was commonly used throughout the state.