No license holder, his agent or employee may be found guilty of violation of any section of this chapter where age is an element of the offense, if any court determines that the person buying, at the time of so doing, exhibited to the license holder, his agent or employee, an operator's or chauffeur's license showing that such person was then of legal age to buy cigarettes or tobacco products; and if such license holder, his agent or employee made a bona fide effort to ascertain the true age of the person buying by checking the identification presented at the time of purchase, to ascertain that the description on the identification presented, compared with the visual description of the buyer, and that the identification presented had not been altered in any way, and if the license holder, his agent or employee had reason to believe that the person buying was of legal age.
(Ord. 2019-80. Passed 11-6-19.)