(a) Compliance with this Chapter shall be monitored by the Yolo County District Attorney and HHSA Tobacco Prevention Staff.
(b) The District Attorney shall check the compliance of each Tobacco Retailer an average of at least three (3) times per twelve (12) month period. The District Attorney may check the compliance of Tobacco Retailers previously found to be in compliance with the laws regulating access to Tobacco and Tobacco Paraphernalia of persons under the age of eighteen (18) years of age a fewer number of times, so that they may check the compliance of Tobacco Retailers previously found in violation of this Chapter a greater number of times. Nothing in this subsection shall create a right of action in any Tobacco Retailer, Permitee or other Person against the County or its agents if the number of compliance checks varies from the foregoing.
(c) Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with Federal, State and local laws regulating access to Tobacco and Tobacco Paraphernalia of persons under the age of eighteen (18) years of age. When deemed appropriate by the District Attorney, the compliance checks shall determine compliance with other laws applicable to Tobacco Retailing.
(d) The County shall not enforce any law establishing a minimum age for tobacco purchases or possession against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when either of the following conditions exist:
(1) The Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the County; or
(2) The Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Yolo County Health Department or the California Department of Health Services. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by §§ 2 and 7, Ord. 1559, eff. December 22, 2022)