(a) No person shall sell, give or furnish any tobacco product to a youth. This subsection does not apply to the handling or transportation of a tobacco product by a youth under the terms of that youth's employment.
(b) A person who sells tobacco products retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the Michigan Department of Community Health which is in compliance with M.C.L.A. 722.641(3), and includes the following statement: "The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties."
(c) It is an affirmative defense to a violation of this section that the defendant had in force at the time of arrest and continues to have in force, a written policy to prevent the sale of tobacco products to youths, and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of this affirmative defense shall file and serve notice of the defense, in writing, upon both the court and the office of the City Attorney, not less than fourteen days before the date initially set for trial. The office of the City Attorney may offer testimony to rebut the affirmative defense described in this subsection by filing and serving a notice of rebuttal, in writing, upon both the court and the defendant. Such notice of rebuttal shall be served not less than seven days before the initial date set for trial, and shall contain the name and address of each rebuttal witness.
(Ord. 1-01. Passed 1-16-01; Ord. 16-06. Passed 9-5-06.)