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§ 116.09  RESPONSIBILITY.
   All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder.
(Ord. 49, passed - -1996)
§ 116.10  COMPLIANCE CHECKS AND INSPECTIONS.
   All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. The city may periodically conduct compliance checks by engaging minors to enter the licensed premise to attempt to purchase tobacco, tobacco products or tobacco related devices. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco related 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 for which he or she is asked.
(Ord. 49, passed - -1996)
§ 116.11  OTHER ILLEGAL ACTS.
   Unless otherwise provided, the following acts shall be a violation of this chapter.
   (A)   Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession any tobacco, tobacco product or tobacco related device. This division (A) shall not apply to minors lawfully involved in a compliance check on behalf of the city.
   (B)   Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco related device.
   (C)   Illegal procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain the items on behalf of a minor. It shall also be a violation of this chapter for any person to sell or otherwise provide any tobacco, tobacco product or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco related device. This division (C) shall not apply to minors lawfully involved in a compliance check on behalf of the city.
   (D)   Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
(Ord. 49, passed - -1996)  Penalty, see § 10.99
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