(a) No person may be found guilty of a violation of Codified Ordinance Section 537.16 if any court of competent jurisdiction finds all of the following:
(1) That the person receiving or buying cigarettes or other tobacco products, at the time of so doing, exhibited to the donor, seller or distributor, or an agent or employee thereof, a driver’s or commercial driver’s license or an identification card issued under Sections 4507.50 to 4507.52 of the Revised Code showing that the person receiving or buying was then at least eighteen years of age;
(2) That the donor, seller or distributor, or the agent or employee thereof, made a bona fide effort to ascertain the true age of the person buying or receiving cigarettes or other tobacco products by checking the identification presented, at the time of the purchase, to ascertain that the description on the identification related to the appearance of the buyer or receiver and that the identification presented had not been altered in any way; and
(3) That the donor, seller or distributor, or the agent or employee thereof, had reason to believe that the person buying or receiving cigarettes or other tobacco products was at least eighteen years of age.
(b) It is an affirmative defense to a charge under Section 537.16(b) based upon an allegation that a vending machine failed to meet the condition that the vending machine is located within the control of the person who owns or operates the place, or an employee of such person, that such vending machine was equipped with a fully operating remote control device which did not permit the use or operation of the vending machine unless and until such device was activated by the person who owns or operates the place, or an employee of such person.
(Ord. 102-97. Passed 10-28-97.)