(A) All licensed premises shall be open to inspection by the local law enforcement agencies or other authorized city official during business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, persons over the age of 15, but less than 21, years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purposes of compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco-related devices, when these 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 education, research or training purposes or required for the enforcement of a particular state or federal law.
(B) Conducting compliance checks shall be the responsibility of the city or county officials, where appropriate. For all compliance checks, the supervising adult shall be a licensed peace officer. All minor participants shall receive training prior to engaging in compliance check activities. 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 considered “volunteers” subject to receipt of a per diem payment in an amount established for other city boards and commissions.
(2004 Code, § 113.10) (Ord. 98-220, passed 4-14-1998; Ord. 23-842, passed 9-26-2023)