§ 111.116 FURNISHING OR SALE OF TOBACCO PRODUCTS OR VAPOR PRODUCTS TO MINORS.
   (A)   It is unlawful for any person to sell, give, 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 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 employees duties.
   (B)   Any 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 and was shown 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)   (1)   Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to prosecution under divisions (A) or (B) above. A person cited for violation of this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation, if such person proves that:
         (a)   The individual who purchased or received the tobacco product or vapor product presented a driver’s license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older; and
         (b)   The person cited for the violation confirmed the validity of the driver’s license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
      (2)   Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver’s license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this division does not affect the availability of any other defense under any other provision of law.
   (D)   When a person is convicted or enters a plea and receives a continued sentence for a violation of divisions (A) or (B) above, the total of any fines, fees, or costs shall not exceed the following:
      (1)   One hundred dollars for the first offense;
      (2)   Two hundred dollars for the second offense within a two-year period following the first offense; and
      (3)   Three hundred dollars for the third or subsequent offense within a two-year period following the first offense.
(Prior Code, § 111.111) (Ord. 1715, passed 3-11-2014; Ord. O-2021-28, passed 9-14-2021)