Sec. 7-2.09. Inspections, investigations and enforcement.
a.Compliance with this Article shall be monitored by the Department or any law enforcement officer. Employees of the Department or a law enforcement officer may conduct compliance checks, including but not limited to youth decoy operations. Any law enforcement officer may enforce the penal provisions of this Article. Compliance checks may be unannounced.
b.The City shall not enforce any tobacco-related minimum age law 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:
1.The youth decoy is participating in a compliance check supervised by an employee of the Department or a law enforcement officer;
2.The youth decoy is acting as an agent of a person designated by the Department to monitor compliance with this Article;
3.The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Department; or
4.The youth decoy has an immunity letter from the District Attorney’s office.
c.Whenever evidence of a violation of this Article is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (Ord. 3674 § 6, 2023; Ord. 3654 § 6, 2022; Ord. 3508 § 2, 2014. Formerly 19-113, 19-114)