(A) Any conviction for a violation of any section within this subchapter and any negative results from compliance checks performed by a police officer pursuant to division (C) of this section shall be reported in writing to the ABLE Commission within 30 days of such conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission.
(B) For the purpose of determining second or subsequent violations, both the offenses penalized by the ABLE Commission as administrative fines and the offenses penalized by the municipality and reported to the ABLE Commission shall be considered together in such determination.
(C) Persons under 18 years of age may be enlisted by the town to assist in conducting compliance checks and enforcement; provided, such persons may be used to test compliance only if written parental consent has been provided and the testing is conducted under the direct supervision of the ABLE Commission or conducted by another law enforcement agency if such agency has given written notice to the ABLE Commission in the manner prescribed by the ABLE Commission. This division (C) shall not apply to the use of persons under 18 years of age to test compliance if the test is being conducted by or on behalf of a retailer of cigarettes, as defined in 68 O.S. § 301, at any location the retailer of cigarettes is authorized to sell cigarettes. Use of persons under 18 years of age to test compliance shall be unlawful and punishable by assessment of an administrative fine as set forth in the Appendix of Fines and Fees.
(Ord. 334, passed 10-8-2009)