2-5-5: PENALTIES, ENFORCEMENT AND DEFENSES:
   A.   Violation of any provision of this chapter shall be a misdemeanor. Each transaction is a new and separate violation.
   B.   It is a defense to a prosecution for violation of this chapter relating to age when the person distributing reasonably relied on an officially issued photographic identification showing the purchaser or recipient was at least eighteen (18) years old.
   C.   The failure of a person to request and examine photographic identification from any person under eighteen (18) years of age prior to the distribution of tobacco products or e-cigarettes or related devices or components thereof to such person shall be construed against the person and form a conclusive basis for that person's violation of this chapter.
   D.   It is a defense to subsection 2-5-3D of this chapter if the person demonstrates to the satisfaction of the building official that it is architecturally impracticable for the vending machine to be located not less than ten feet (10') from all entrance and exit ways. (Ord. 2015-5-13, 5-13-2015)