(A) It is unlawful for any person to sell, give 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) A person engaged in the sale or distribution of tobacco 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 might be less than 18 years of age.
(C) 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 less than 18 years of age, the failure to subsequently require proof of age shall not constitute a violation of division (B) of this section.
(1) When a person violates divisions (A) or (B) of this section, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine as follows:
(b) In addition to any other penalty, upon a third offense within a two-year period, following the first offense the store’s license to sell tobacco products may be suspended for a period not exceeding 30 days; or
(c) In addition to any other penalty, upon a fourth or subsequent offense within a two-year period following the first offense. In addition to any other penalty, the store’s license to sell tobacco products may be suspended for a period not exceeding 60 days.
(2) Pursuant to state law, when it has been determined by a municipal court that a penalty shall include a license suspension, the ABLE Commission will notify the Oklahoma Tax Commission, and the Tax Commission will suspend the store’s license to sell tobacco products at the location where the offense occurred for the period of time prescribed by the ABLE Commission.
(3) 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:
(a) The individual who purchased or received the tobacco product presented a driver’s license or other government-issued photo identification purporting to establish that such individual was 18 years of age or older; and
(b) The person cited for the violation confirmed the validity of the driver’s license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
(4) 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 appealing on the drivers license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this division (C) does not affect the availability of any other defense under any other provision of law.
(D) 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. Each violation by any employee of an owner of a store licensed to sell tobacco products shall be deemed a violation against the owner for purposes of a license suspension pursuant to divisions (C) of this section. An owner of a store licensed to sell tobacco products shall not be deemed in violation of this section for any acts constituting a violation by any person, when the violation occurs prior to actual employment of the person by the store owner or the violation occurs at a location other than the owner’s retail store. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations, for any violations of divisions (A) or (B) of this section, each individual franchise or business location shall be deemed a separate entity.
(E) Upon failure of the employee to pay the fine within 90 days of the day of the assessment of such fine, the Municipal Court Clerk shall notify the Department of Public Safety and the Department will, pursuant to state law, suspend or not issue a driver’s license to the employee until proof of payment has been furnished to the Department of Public Safety. Upon failure of a store owner to pay the administrative fine within 90 days of the assessment of the fine, the Clerk of the Municipal Court shall notify the State Tax Commission and the Tax Commission shall suspend the store’s license to sell tobacco products until proof of payment has been furnished to the State Tax Commission.
(Ord. 334, passed 10-8-2009)