(A) It shall be unlawful and an offense for any person to sell or furnish in any manner any tobacco product to another person who is under 18 years of age or to purchase in any manner a tobacco product on behalf of any such person. Provided, however, that it shall not be unlawful for an employee under 18 years of age to handle tobacco products when required in the performance of the employee’s duties.
(B) Any person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if any ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 18 years of age. If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not under 18 years of age, the failure to subsequently require proof of age shall not constitute a violation of this division (B) of this section.
(C) Any person violating the provisions of division (A) or (B) of this section shall be guilty of an offense and upon conviction shall be punished by a fine of not more than $90.00, excluding costs and assessments, for the first offense within a one-year period; not more than $150.00, excluding costs and assessments, for the second offense within a one-year period; and not more than $200.00, excluding costs and assessments, for a third and subsequent offenses within a one-year period.
(D) 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 section. A person cited for violating 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:
(1) The individual who purchased or received the tobacco product presented a driver license or other government-issued photo identification purporting to establish that such individual was 18 years of age or older, and
(2) The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
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 license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
(E) 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.
(F) Upon failure of the employee to pay the fine within 90 days of the day of the assessment of such fine, the Clerk of the Municipal Court 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.
(G) 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) of this section, each individual franchise or business location shall be deemed a separate entity.
(Ord. 3097, passed 12-18-01)