(A) It shall be unlawful for any person to distribute tobacco products to any individual under 18 years of age or to sell tobacco products to any individual who is under 18 years of age. This subchapter does not apply to the parent or guardian or adult spouse of any minor, or adult person into whose custody any court has committed the minor for the time.
(B) (1) It shall be an affirmative defense that the seller of a tobacco product to an individual under 18 years of age in violation of this subchapter has requested and examined photographic identification from the person establishing their age as over 18 years of age prior to the selling of the person a tobacco product.
(2) The failure of a seller to request and examine photographic identification from a person under 18 years old before the sale of a tobacco product to the person shall be a rebuttable presumption of the seller's guilt under this subchapter.
(Ord. 93-01, passed- -) Penalty, see § 130.99