(A) The city may monitor compliance with this chapter using city staff, or the City Manager may designate the Riverside County Health and Human Services Department or another agency to perform these functions under agreement with that agency. Any peace officer may enforce the penal provisions of this chapter.
(B) The city, or the City Manager’s designee as described in division (A) above, shall endeavor to check the compliance of each tobacco retailer at least three times per 12-month period. Nothing in this division (B) shall create a right of action in any licensee or other person against the Department or its agents.
(C) Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
(D) The city, or the City Manager’s designee as described in division (A) above, shall not enforce any law establishing a minimum age for tobacco purchases or possession against any person who otherwise might be in violation of such law because of the person’s age (hereinafter "youth decoy") if the potential violation occurs when:
(1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; or
(2) The youth decoy is participating in a compliance check funded, in part, either directly or indirectly through subcontracting, by the city or the County Department of Health and Human Services, or funded, in part, either directly or indirectly, through subcontracting, by the California Department of Health Services.
(Ord. 2796 § 9, 2005; Ord. 2668 § 1, 2003.)