Sale or Distribution of Tobacco Products and Electronic Cigarettes to Persons Under

Twenty-One

(21)Years of Age Prohibited.

(a)It shall be a violation of this Chapter for any person to sell or distribute tobacco products or electronic cigarettes to any person under twenty-one

(21)years of age. Retailers of tobacco products or electronic cigarettes shall require persons to provide acceptable photographic identification and proof of being twenty-one

(21)years of age or older prior to sale.

(1)The sale or distribution of electronic cigarettes to any person under twenty-one

(21)years of age, or its possession by such person, is prohibited and shall be regulated and enforced pursuant to this Chapter.

(2)Any provision of this Chapter applicable to the regulation and prohibition of the sale or distribution of tobacco products to any person under twenty-one

(21)years of age, or possession by such person, shall be applicable to electronic cigarettes, and any other component of an electronic cigarette, and shall be regulated and enforced in the same manner as tobacco products, to include the applicability of all penalties and fines.

(b)[Repealed.]

(c)A licensee or an employer may distribute tobacco products or electronic cigarettes to any employee who handles tobacco products or electronic cigarettes in the course of the commercial distribution or sale of the products.

(d)In any proceeding for the suspension or revocation of any license, and based upon a violation of this Section, proof that the defendant licensee or his or her agent or employee demanded and was shown an identification card before furnishing any tobacco product or electronic cigarette to any person under twentyone

(21)years of age shall be a defense to the charges.