(a) The department or other departments or individuals designated to enforce the provisions of this chapter shall, in conjunction with the police department, check each retailer at least twice per twelve-month period to determine whether the retailer is conducting business in a manner that complies with laws regulating youth access to tobacco products. Nothing in this paragraph shall create a right of action in any retailer or other person against the city, the County of Santa Clara, or its agents.
(b) The city shall not enforce any law establishing a minimum age for tobacco product purchases against an individual who otherwise might be in violation of such law because of the individual's age ("youth decoy") if the potential violation occurs when:
(1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city or County of Santa Clara;
(2) The youth decoy is acting as an agent of a department or individual designated by the city or County of Santa Clara to monitor compliance with this chapter; or
(3) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the city, the County of Santa Clara, or the California Department of Public Health.
(Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)