§ 8.23.190. Compliance monitoring.

(a)

Compliance with this chapter shall be monitored by the sheriffs department. Any peace officer may enforce the penal provisions of this chapter.

(b)

The sheriffs department shall check the compliance of each tobacco retailer at least four times per twelve month period, excepting that, the sheriffs department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so that it may check the compliance of tobacco retailers previously found in violation of the licensing law a greater number of times. Nothing in this paragraph shall create a right of action in any licensee or other person against the county or its agents.

(c)

Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, 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:

(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 health agency or the State of California Department of Health Services.

(Ord. No. 3159 § 2, 8-19-08)