(a) A person shall not allow, aid and abet in, attempt, or sell, give, or furnish, a tobacco product in any form to any person under 21 years of age.
(b) The person who sells tobacco products including but not limited to vapor products at retail, shall post in a place close to the point of sale and conspicuous to both employees and customers which provides the following statement:
“The purchase of a tobacco product including any vapor product to a minor under 21 years of age and the provision of a tobacco product, including a vapor product to a person under 21 years of age are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, including a vapor product, is subject to criminal penalties.”
(c) The sign required under the previous section, if more than six feet from the point of sale, shall be five by eight and one-half inches and the statement shall be printed in thirty-six point, bold face type. If the sign is six feet or less from the point of sale, it shall be two inches by four inches and the statement required shall be printed in twenty point, bold face type. The signs required may be procured from the Department of Community Health pursuant to state law.
(d) The person who violates any of the provisions of this section is guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00) for each violation.
(e) It is an affirmative defense that the defendant had enforced at the time of arrest and continues to have enforced a written policy to prevent the sale of tobacco products including vapor products, to a person under 21 years of age, and that the defendant enforced and continues to enforce the policy. If a defendant proposes to offer evidence of the affirmative defense, it shall file and serve a notice of such defense in writing, with the court, serving a notice on the Township Attorney not less than 14 days prior to the date scheduled for trial. If the Township Attorney proposes to offer testimony to rebut the affirmative defense, the Township Attorney shall file notice of rebuttal, in writing, with the court and serve a copy of the notice on the defendant not less than seven days prior to the trial date, setting forth the name and address of each rebuttal witness.
(f) This section does not apply to the handling or transportation of a tobacco product by a minor under the terms of the minor's employment.
(g) Before allowing, aiding and abetting in, or attempting, or selling, giving or furnishing a tobacco product in any form, a person shall verify that the individual is at least 21 years of age, by requiring age verification through requiring the presentation of a photo identification. All persons 27 years of age or younger shall be required to present a current government issued photographic identification, and retailers shall be required to request identification from persons appearing to be 27 years of age or younger.
(Ord. 434. Passed 5-30-17; Ord. 434-A. Passed 9-26-22.)