It shall be an affirmative defense for any person charged with a violation of the provisions of this chapter where age is an element of the offense, if at the time of purchase:
(a) The purchaser exhibited to the charged person, his agent or employee, a driver's license or commercial driver's license showing that the purchaser was of eighteen years of age or older; and
(b) The charged person attempted to ascertain the actual age of the purchaser by checking the license to determine whether the identification and visual description corresponded with the physical appearance of the purchaser; and
(c) If the license was altered, it was not altered in a manner which would give the charged person reason to believe the purchaser was less than eighteen years of age.
(Ord. 97-2. Passed 1-9-97.)