§ 12-255. Compliance checks and inspections.

(a)

All licensed premises shall be open to inspection by the city or other authorized official during regular business hours.

(b)

From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with persons over 15 years but less than 21 years, to enter the licensed premises to attempt to purchase tobacco, tobacco-related products or tobacco-related devices.

(1)

Prior written parental consent is required for any minor who participates in a compliance check.

(2)

Persons used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel.

(3)

Persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor unlawful possession of tobacco, tobacco-related products or tobacco-related devices when such items are obtained or attempted to be obtained as part of the compliance check.

(4)

No person used in the compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person's age for which he or she is asked.

(c)

Nothing in this article 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.

(Code 1992, § 1326.06; Ord. No. 1997-17, 12-15-1997; Ord. No. 2017-03 , § 8, 5-2-2017, eff. 7-1-2017)

State law reference

Compliance checks, Minn. Stats. § 461.128, subd. 5.