§ 24-13.5. Affirmative defenses.

It shall be an affirmative defense to charges brought under paragraph 24-12(b) that the retailer has complied with the following:

(a)

The retailer has not been charged with two (2) violations of paragraph 24-12(b) at the same location as the alleged violation of this division within a year of the date of the alleged violation;

(b)

The retailer has established and enforces a written policy against selling tobacco products to persons under eighteen (18) years of age, which requires employees to verify the age of tobacco product customers by way of a photo identification document and establishes sanctions for noncompliance;

(c)

The retailer has provided training to all employees who sell tobacco products regarding the requirements of all applicable city ordinances, state laws, and company policies that (1) prohibit the sale of tobacco products to persons under eighteen (18) years of age; (2) require employees to verify the age of tobacco product customers who appear to be under twenty-seven (27) years of age by demanding a photo identification document, unless the customer's age has been verified previously; (3) require the assessment of a penalty or appropriate sanction for an employee violation of law or company policy; and (4) require a signed statement from the employee acknowledging their understanding of the applicable law and company policies;

(d)

The retailer has posted warnings as set forth in section 24-12(c) at the check stand, cash registers, and at or near any tobacco vending machines that warn persons under the age of eighteen (18) that it is illegal for them to purchase tobacco products; and

(e)

The retailer uses visual or electronic aids at the point of sale to remind salespersons to require photo identification and verify the customer is of lawful age during tobacco purchases.

(Ord. No. 344-98, § 1, 5-26-98)