(A) Furnishing to underage persons. It is unlawful for any person to sell or furnish in any manner any tobacco product to another person who is under 18 years of age, or to purchase in any manner a tobacco product on behalf of any such person. It shall not be unlawful for an employee under 18 years of age to handle tobacco products when required in the performance of the employee’s duties.
(B) Demand proof of age.
(1) A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 18 years of age.
(2) If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not under 18 years of age, the failure to subsequently require proof of age shall not constitute a violation of this section.
(3) If the sale is made by an employee of the owner of a store at which tobacco products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine.
(4) Proof that the defendant demanded, was shown and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section.
(C) Liability for violations. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations for any violation of division (A) above, each individual franchise or business location shall be deemed a separate entity.
(Prior Code, § 5-4A-3) (Ord. 1-1998, passed 1-5-1998) Penalty, see § 113.99