(A) Compliance with this article shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this article. The department may designate any number of additional persons to monitor compliance with this article.
(B) The department will work with Marin County Tobacco Program to inspect each tobacco retailer at least one time per 12-month period. Nothing in this paragraph shall create a right of action in any licensee or other person against the Town or its agents.
(C) The department shall not enforce any law establishing a minimum age for tobacco purchases or possession against a minor 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 an inspection supervised by a peace officer, code enforcement official, or the person designated by the town to monitor compliance with this article;
(2) The youth decoy is acting as an agent of a person designated by the town to monitor compliance with this article; or
(3) The youth decoy is participating in an inspection funded in part, either directly or indirectly through subcontracting, by the County of Marin Department of Health and Human Services or the California Department of Health Services.
(Ord. 814, passed 12-6-2017)
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