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(B) Legal age. No person shall sell any licensed product to any person under the <br />age of 21. <br />1) Licensees must verify by means of government -issued photographic <br />identification containing the bearer's date of birth that the purchaser is at least 21 years of <br />age. Verification is not required for a person over the age of 30. That the person appeared <br />to be 30 years of age or older does not constitute a defense to a violation of this subsection. <br />2) Signage. Notice of the legal sales age, age verification requirement, and possible <br />penalties for underage sales must be posted prominently and in plain view at all times at <br />each location where licensed products are offered for sale. The required signage, which <br />will be provided to the licensee by the city, must be posted in a manner that is clearly <br />visible to anyone who is or is considering making a purchase. <br />(C) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not <br />such liquid contains nicotine, which is intended for human consumption and use in an <br />electronic delivery device, in packaging that is not in child -resistant packaging. Upon <br />request by the city, a licensee must provide a copy of the certificate of compliance or full <br />laboratory testing report for the packaging used. <br />Sec.5.12.435. Responsibility. <br />All licensees are responsible for the actions of their employees regarding the sale, <br />offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to <br />sell, or furnishing of any licensed product by an employee shall be considered an act of the <br />licensee. <br />Sec. 5.12.440. Compliance Checks and Inspections. <br />(A) All licensed premises must be open to inspection by authorized city officials or <br />their designees during regular business hours. <br />(B) From time to time, but at least once per year, the city will conduct compliance <br />checks to ensure compliance with all provisions of this ordinance. <br />(C) In accordance with state law, the city will conduct a compliance check that <br />involves the participation of a person at least 17 years of age, but under the age of 21 to <br />enter the licensed premises to attempt to purchase licensed products. Prior written consent <br />from a parent or guardian is required for any person under the age of 18 to participate in a <br />compliance check. Persons used for the purpose of compliance checks will be supervised <br />by law enforcement or other designated personnel. <br />236900v1 <br />97 <br />