No person may be found guilty of violation of the provisions of this chapter where age is an element of the offense, if any court determines that the individual buying, at the time of so doing, exhibited to the aforesaid person, his agent or employee, a driver's license or commercial driver's license showing that such individual was then of legal age to buy cigarettes or other tobacco products; and if such person made a bona fide effort to ascertain the true age of the individual buying by checking the identification presented at the time of purchase; to ascertain that the description of the identification presented compared with the visual description of the buyer and the identification presented had not been altered in any way and if the aforesaid person had reason to believe that the individual buying was of legal age.
(Ord. 99-94. Passed 9-7-94.)