§ 66-214. Sale or distribution of electronic vaping devices to minors prohibited.

(a)

A person commits an offense if with criminal negligence the person sells, gives or causes to be sold or given an electronic vaping device to a minor or to a person who intends to deliver it to a minor.

(b)

If the offense under this section occurs in connection with a sale of an electronic vaping device at a business by an employee of the business, the employee who committed the offense is subject to prosecution.

(c)

It is a defense to prosecution under subsection (b) that at the time of the sale, the minor presented the person with an apparently valid proof of identification showing the minor was at least 18 years of age.

(d)

A proof of identification satisfies the requirements of subsection (c) if it contains the name of the minor, a photograph resembling the appearance of the minor and was issued by a state or federal government agency.

(e)

It is not a defense under this section that the minor purchased the electronic vaping device from a vending machine or other self-service merchandising mechanism if the machine or mechanism was located on the premises of the person.

(Ord. No. O-2014-005-01, § 2, 4-28-14)