(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 the age of 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) above.
(D) (1) 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.
(2) 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’s 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 fine as set forth in § 135.99. 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 division (B) above. An owner of a store licensed to sell tobacco products shall not be deemed to be 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) above, each individual franchise or business location shall be deemed a separate entity.
(Prior Code, § 10-433) (Ord. 10-08, passed 1-11-2010) Penalty, see § 135.99