The following are prohibited sales, acts:
(A) Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase tobacco products.
(B) False or altered identification. It shall be unlawful for any person under the age of 18 years to misrepresent that person's identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.
(C) Unlawful possession or use of tobacco products by minors.
(1) It shall be unlawful for any person under the age of 18 to knowingly possess, consume, or use, either by smoking, ingesting, absorbing, or chewing any tobacco product, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
(2) It shall be rebuttably presumed that the substance within a package or container is a tobacco product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product.
(D) Unlawful furnishing of tobacco products to minors. It shall be unlawful for any person to furnish to any person who is under 18 years of age, by gift, sale, or any other means, any tobacco products.
(E) Affirmative defense. It shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product was presented with and reasonably relied upon a document which identified the person receiving the tobacco product as being 18 years of age or older.
(Ord. 2041, passed 4-21-2011) Penalty, see § 136.99