(A) It shall be unlawful for any person within the city to sell, give to, or in any way furnish cigarettes, cigars, tobacco in any form, vapor products or alternative nicotine products to a person under 18 years of age. Upon being found guilty of this offense, the offender may be punished, in the discretion of the court, according to the provisions of § 135.99.
(B) A person who sells tobacco products or vapor products or alternative nicotine products at retail shall post a sign as required by Section 1 of Public Act No. 31 of 1915 (M.C.L. § 722.641), furnished by the state department of public health, that includes the following statement:
The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties.
(C) It is an affirmative defense to a charge pursuant to division (B) of this section that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of cigarettes, cigars, chewing tobacco, tobacco snuff, other tobacco products, vapor products or alternative nicotine products to persons under 18 years of age, and that the defendant enforced and continues to enforce the policy. A defendant which proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, upon the court and the City Attorney. The notice shall be served not less than 14 days before the date set for trial.
(D) A City Attorney who proposes to offer testimony to rebut the affirmative defense described in division (C) of this section shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than seven days before the date set for trial, and shall contain the name and address of each rebuttal witness.
(‘83 Code, § 135.11) (Ord. 92-007, passed 4-21-92; Am. Ord. 19-007, passed 5-6-19)
Penalty, see § 135.99