HF 3597

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; requiring all individuals 27 
  1.3             years of age and younger who wish to purchase tobacco 
  1.4             products to show proof of age; requiring local 
  1.5             governments to meet certain criteria when conducting 
  1.6             compliance checks of retail establishments that sell 
  1.7             tobacco; amending Minnesota Statutes 1997 Supplement, 
  1.8             section 461.12, subdivisions 3, 5, and by adding a 
  1.9             subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.12  461.12, subdivision 3, is amended to read: 
  1.13     Subd. 3.  [ADMINISTRATIVE PENALTY; INDIVIDUALS.] An 
  1.14  individual who sells tobacco to a person under the age of 18 
  1.15  years, and any individual 27 years of age and under who wishes 
  1.16  to purchase tobacco as defined in section 609.685 and fails to 
  1.17  show proof of age before purchasing tobacco products as defined 
  1.18  in section 609.685, must be charged an administrative penalty of 
  1.19  $50.  No penalty may be imposed until the individual has 
  1.20  received notice, served personally or by mail, of the alleged 
  1.21  violation and an opportunity for a hearing before a person 
  1.22  authorized by the licensing authority to conduct the hearing.  A 
  1.23  decision that a violation has occurred must be in writing.  
  1.24     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.25  461.12, subdivision 5, is amended to read: 
  1.26     Subd. 5.  [COMPLIANCE CHECKS.] A licensing authority shall 
  1.27  conduct unannounced compliance checks at least once each 
  2.1   calendar year at each location where tobacco is sold to test 
  2.2   compliance with section 609.685.  Compliance checks must involve 
  2.3   minors over the age of 15, but under the age of 18, who, with 
  2.4   the prior written consent of a parent or guardian, attempt to 
  2.5   purchase tobacco under the direct supervision of a law 
  2.6   enforcement officer or an employee of the licensing 
  2.7   authority.  Compliance checks must be conducted in the following 
  2.8   manner:  
  2.9      (1) the licensing authority shall enlist a minor over the 
  2.10  age of 15, but under the age of 18, to conduct compliance 
  2.11  checks.  The licensing authority must obtain the written consent 
  2.12  of the minor's parent or legal guardian before the minor 
  2.13  participates in the compliance checks; 
  2.14     (2) the minor participating in a compliance check shall act 
  2.15  solely under the supervision and direction of the licensing 
  2.16  authority or law enforcement agency conducting the compliance 
  2.17  check; 
  2.18     (3) before and following each compliance check or shift of 
  2.19  compliance checks, the licensing authority or law enforcement 
  2.20  agency conducting the compliance check shall take a photograph 
  2.21  of all minors who participated in the compliance check to verify 
  2.22  the minor's appearance.  The licensing authority shall retain 
  2.23  each photograph taken under this provision for at least two 
  2.24  years; 
  2.25     (4) if the minor participating in the inspection is 
  2.26  questioned about the minor's age while conducting a compliance 
  2.27  check, the minor shall state the minor's actual age, provide 
  2.28  correct proof of their age, and end the compliance check. 
  2.29     (5) the appearance of the minor who is participating in the 
  2.30  compliance check shall not be altered in order to attempt to 
  2.31  make the person appear to be 18 years of age or older; 
  2.32     (6) the licensing authority or law enforcement agency 
  2.33  conducting the compliance check must inform the retail location 
  2.34  and individual who made the sale within one hour of a failed 
  2.35  compliance check.  The licensing authority or law enforcement 
  2.36  agency must show the individual who made the sale the photograph 
  3.1   of the minor used in the compliance check at the same time the 
  3.2   individual is being informed of the failed compliance check; 
  3.3      (7) if the licensing authority, law enforcement agency, or 
  3.4   minor conducting the compliance check fails to meet all of the 
  3.5   requirements for conducting compliance checks, no citation shall 
  3.6   be issued or fine imposed for any violations of compliance with 
  3.7   section 609.685; and 
  3.8      (8) if a licensing authority or law enforcement agency 
  3.9   conducts a compliance check and finds no violations of 
  3.10  compliance with section 609.685, the law enforcement agency or 
  3.11  licensing authority which conducted the compliance check must 
  3.12  send written notice within five days to the retail location 
  3.13  informing the location that a compliance check had been 
  3.14  conducted and that no violations of section 609.685 occurred.  
  3.15     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.16  461.12, is amended by adding a subdivision to read: 
  3.17     Subd. 5a.  [REPORTING.] No later than January 15 of each 
  3.18  year, every licensing authority or law enforcement agency 
  3.19  conducting compliance checks must provide the commissioner of 
  3.20  health with an annual report on the compliance checks they 
  3.21  conducted for the previous year.  The report must include the 
  3.22  number of licensed tobacco retailers, the number of compliance 
  3.23  checks conducted, the number of compliance checks retailers 
  3.24  passed, the number of compliance checks invalidated due to 
  3.25  failure to meet the requirements of the licensing authority, and 
  3.26  the number of failed compliance checks.  The commissioner of 
  3.27  health shall prepare a compilation of all reports by March 1 of 
  3.28  each year.  The report must be available to the public.