All licensed premises shall be open to inspection by the city police or other authorized
city official during regular business hours. From time to time, but at least once
per year, the city shall conduct compliance checks by engaging minors over the age
of fifteen (15) years but less than eighteen (18) years, with the written consent
of their parents or guardians, to enter the licensed premise to attempt to purchase
tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery
devices. Minors used for the purpose of compliance checks shall be supervised by city-designated
law enforcement officers or other designated city personnel. Minors used for compliance
checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related
devices, or nicotine or lobelia delivery devices when such items are obtained as a
part of the compliance check. No minor used in compliance checks shall attempt to
use a false identification misrepresenting the minor's age, and all minors lawfully
engaged in a compliance check shall answer all questions about the minor's age asked
by the licensee or his or her employee and shall produce any identification, if any
exists, for which he or she is asked. Nothing in this section shall prohibit compliance
checks authorized by state or federal laws for educational, research, or trading purposes,
or required for the enforcement of a particular state or federal law.
(Ord. No. 2012-06, § 1, 7-10-12)
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