a. Any person operating a place of business wherein cigarettes, tobacco products, or liquid nicotine are sold or offered for sale is prohibited from selling such cigarettes, tobacco products, or liquid nicotine to individuals under twenty-one years of age. Sale of cigarettes, tobacco products, or liquid nicotine in such places shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of cigarettes, tobacco products, or liquid nicotine to an individual under twenty-one years of age.
a-1. Any person operating a place of business wherein electronic cigarettes are sold or offered for sale is prohibited from selling such electronic cigarettes to individuals under twenty-one years of age. Sales of electronic cigarettes in such places shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of electronic cigarettes to an individual under twenty-one years of age.
b. Any person operating a place of business wherein non-tobacco smoking products are sold or offered for sale is prohibited from selling such non-tobacco smoking products to individuals under twenty-one years of age. Sale of non-tobacco smoking products in such places shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of non-tobacco smoking products to an individual under twenty-one years of age.
c. Any person operating a place of business wherein cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products are sold or offered for sale shall post in a conspicuous place a sign, in accordance with the rules of the department, advising persons about the minimum age requirements for the purchase of such items.
(Am. L.L. 2017/144, 8/28/2017, eff. 1/25/2018; Am. L.L. 2017/191, 10/16/2017, eff. 4/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/083, L.L. 2000/002, L.L. 2013/094 and L.L. 2017/144.