All licensed premises shall be open to inspection by the City Police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging persons at least 17 years of age but less than 21 years of age, to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall only be used with the written consent of the appropriate parents or guardians and shall be supervised by city designated law enforcement officers or other designated city personnel. Persons used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices when obtaining those items as a part of the compliance check. No persons used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person'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 chapter 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.
(Ord. 2019-2, passed 5-28-2019; Am. Ord. 2020-3, passed 8-10-2020)