(A) It is unlawful for any person to sell or furnish in any manner any tobacco product or vapor product to another person who is under 21 years of age or to purchase in any manner a tobacco product or vapor product on behalf of any such person; provided, however, that it shall not be unlawful for an employee under 21 years of age to handle tobacco products or vapor products when required in the performance of the employee’s duties.
(B) A person engaged in the sale or distribution of tobacco products or vapor 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 21 years of age. If an individual engaged in the sale or distribution of tobacco products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this division (B).
(C) When a person violates divisions (A) or (B) above, the Municipal Court shall assess such person an administrative fine of $100 for the first offense within a one-year period and $200 for the second offense or each subsequent offense committed within a one-year period. 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 division.
(D) 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.
(E) Upon failure of the employee to pay the administrative fine within 90 days of the day of the assessment of such fine, the Municipal Court Clerk shall notify the Department of Public Safety and the Department shall suspend or not issue a driver’s license to the employee until proof of payment has been furnished to the Department of Public Safety.
(F) For purposes of determining the liability of a person controlling franchises or business operations in multiple locations for any violation of divisions (A) or (B) above, each individual franchise or business location shall be deemed a separate entity.
(Prior Code, § 111.081) (Ord. 1243, passed 4-1-1997; Ord. 1258, passed 4-1-1998; Ord. O-2021-28, passed 9-14-2021) Penalty, see § 111.999