A. It is unlawful for any person to furnish by gift, sale or otherwise any cigarettes, cigarette papers, cigars, bid is, snuff, chewing tobacco, or any other form of tobacco product, or vapor products to a person under 21 years of age. It shall not be unlawful for an employee under 21 years of age to handle tobacco products when required in the performance of the employee’s duties.
B. A 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 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 subsection.
C. 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 the violation if such person proves that:
1. The individual who purchased or received the tobacco product or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older, or
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 the 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 this defense does not affect the availability of any other defense under any other provision of law.
D. Any person who shall violate Subsection (a) of this section shall be guilty of a Class “a” offense and, upon conviction, may be assessed a fine not to exceeds $100.00 plus costs. Any person who shall commit a second or subsequent violation of Subsection (a) of this section shall be guilty of a Class “a” offense and, upon conviction, may be assessed a fine only, not to exceed $200.00 plus costs.
E. Any person who shall violate Subsection (b) of this section shall be guilty of a Class “a” offense and, upon conviction, may be assessed a fine of not more than $100.00 plus costs for the first offense and not more than $200.00 plus costs for the second offense within a two-year period following the first offense and not more than $300.00 plus costs for a third or subsequent offense within a two-year period following the first offense. (Ord. 1997-1, 1-16-1997; amd. Ord. 2021-21, 11-15-2021)
State Law reference - Furnishing tobacco or vapor products to minors, 63 O.S. § 1-229.13; similar provision, 21 O.S. § 1241; penalty for ordinance violations, 11 0 .5. § 14 -111.