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<br />243 must be posted in a manner that is clearly visible to anyone who is or is considering <br />244 making a purchase. <br />245 <br />246 (c) Samples Prohibited. No person shall distribute samples of any licensed product free of charge <br />247 or at a nominal cost. <br />248 <br />249 Section 316.07 RESPONSIBILITY. <br />250 All licensees are responsible for the actions of their employees in regard to the sale, offer to sell, <br />251 and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing <br />252 of any licensed product by an employee shall be considered an act of the licensee. Nothing in this <br />253 section shall be construed as prohibiting the City from also subjecting the employee to any civil <br />254 and/or criminal penalties that the City deems to be appropriate under this ordinance, state or <br />255 federal law, or other applicable law or regulation. <br />256 <br />257 Section 316.08 COMPLIANCE CHECKS AND INSPECTIONS. <br />258 All premises licensed under this Chapter shall be open to inspection by the City during regular <br />259 business hours. From time to time, but at least once per year, the City shall conduct compliance <br />260 checks. <br />261 <br />262 No person used in compliance checks shall attempt to use a false identification misrepresenting <br />263 their age. All persons lawfully engaged in a compliance check shall answer all questions about <br />264 their age asked by the licensee or their employee, and produce any identification, if any exists, for <br />265 which they are asked. The City will conduct a compliance check that involves the participation of <br />266 a person under the age of 21 to enter the licensed premises to attempt to purchase the licensed <br />267 products. Persons used for the purpose of compliance checks shall be supervised by law <br />268 enforcement or other designated personnel. Nothing in this Chapter shall prohibit compliance <br />269 checks authorized by state or federal laws for educational, research, or training purposes, or <br />270 required for the enforcement of a particular State or Federal law. <br />271 <br />272 Additionally, from time to time, the City will conduct inspectionsto determine compliance with <br />273 any or all other aspects of this ordinance. <br />274 <br />275 Section 316.09 VIOLATIONS AND PENALTY. <br />276 (a) Administrative Civil Penalties—Individuals. If a person who is not a licensee is found to have <br />277 violated this Chapter, the person shall be subject to an administrative penalty of $250.00 <br />278 <br />279 (b)Licensee. If a licensee or an employee of a licensee is found to have violated this Chapter, the <br />280 licensee shall be subject to the following minimum administrativepenalties: <br />281 (1) First Violation. The Council shall impose a civil fine of $1,000.00. <br />282 (2) Second Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 <br />283 and suspend the license for not less than 3 consecutive days. <br />284 (3) Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 <br />285 and suspend the license for not less than 7 consecutive days. <br />286 (4) Fourth Violation Within 36 Months. The Council shall revoke the license for at least <br />287 one year. <br />288 <br />289 (c) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking <br />290 prosecution as a misdemeanor for any alleged violation of this Chapter. <br />291 <br /> Underline reflects new language <br /> <br />