(a) A person shall not sell, give or furnish a tobacco product or vapor product to a minor, including, but not limited to, through a vending machine. A person who violates Section 605.09(a) or (e) is guilty of a misdemeanor punishable by a fine of not more than Fifty Dollars ($50.00) for each violation.
(b) A person who sells tobacco products or vapor products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement: "The purchase of a tobacco product or vapor product by a minor under eighteen (18) years of age and the provision of a tobacco product or vapor product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco or vapor product is subject to criminal penalties."
(c) It is an affirmative defense to charge under Section 605.09(a), that the defendant had in force at the time of arrest and continues to have in force, a written policy to prevent the sale of tobacco products and vapor products to persons under age 18 years of age and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this Subsection shall file and serve notice of the defense, in writing, with the court and serve a copy of the notice of the City Attorney. The defendant shall serve the notice not less than 14 days before the date set for trial.
(d) If the City Attorney proposes to offer testimony to rebut the affirmative defense above, the City Attorney shall file a notice of rebuttal, in writing, with the court and serve a copy of the notice on the defendant. The City Attorney shall serve the notice not less than seven days before the date set for trial and shall include in the notice the name and address of each rebuttal witness.
(e) Section 605.09(a) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
(f) Before selling, offering for sale, giving or furnishing a vapor product to an individual, a person shall verify that the individual is at least 18 years of age by doing one of the following:
(1) If the individual appears to be under 27 years of age, examining a government issued photographic identification that establishes the individual is at least 18 years of age.
(2) For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available for a commercially available database or aggregate of data bases, that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process and establishes that the individual is 18 years of age or older.
(Ord. 007-2018. Passed 1-22-19.)