It shall be an affirmative defense for any person charged with a violation of the provisions of this chapter where age is an element of the offense if at the time of purchase, the purchaser exhibited to the charged person, his agent or employee, a driver’s license or commercial driver’s license showing that the purchaser was then of legal age to purchase cigarettes or other tobacco products; and if the charged person made a bona fide effort to ascertain the true age of the purchaser by:
(1) Checking the identification presented at the time of purchase to determine whether the identification presented matched the visual description of the buyer and,
(2) The identification presented was not altered in such a manner that the charged person would not have reason to suspect the purchaser was less than eighteen years of age. (Ord. 98-3. Passed 3-9-98.)