(A) All licensed premises shall be open to inspection by an authorized county official during regular business hours. From time to time, but at least once per year, the county shall conduct compliance checks that involve the participation of persons over the age of 18 years but less than 21 years. The county may conduct educational compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years, but less than 18 years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices and electronic delivery devices. Persons used for the purpose of compliance checks shall be trained and supervised by designated county personnel. Persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, tobacco-related devices and electronic delivery devices when such items are obtained or attempted to be obtained as 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 their employee and shall produce any identification, if any exists, for which they are asked.
(B) Nothing in this section 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. 13-02, passed 10-8-2013; Ord. 19-5, passed 9-24-2019; Ord. 21-4, passed 11-30-2021)