(A) A police officer, building inspector, or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the public portion of the premises of a licensee under this section during business hours without a search warrant.
(B) From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written parental or guardian consent, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase product(s) licensed under this section. Minors used for the purposes of compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession when such items are obtained or attempted to be 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 training purposes, or required for the enforcement of a particular state or federal law. Conducting compliance checks shall be the responsibility of the City Police Department and any other cooperating governmental organization.
(C) For all compliance checks, the supervising adult shall be a licensed peace officer. All minor compliance checks, the supervising adult shall be a licensed peace officer. All minor participants shall receive training prior to engaging in compliance check activities.
(D) Transportation shall be provided by the supervising adult, or other adult employee of the city as designated by the Police Department. Participating minors shall be “volunteers” subject to receipt of a per diem payment in an amount established for other city boards and commissions.
(Ord. 353, passed 4-5-2023)