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EDITOR'S NOTE: Former Section 557.03 was repealed by Ordinance 2018-115. This section
<br />is reserved for future legislation.
<br />557.04 RESPONSIBILITY OF OWNER, LESSEE, AGENT OR EMPLOYEE.
<br />The owner of a building or premises and the person renting or leasing them, or the owner or
<br />lessor of any cigarette vending machine or his agent or employee who knowingly allows or
<br />permits cigarettes or tobacco products to be sold therein or therefrom in violation of this chapter
<br />is liable under Section 557.99. (Ord. 81-61. Passed 6-1-81.)
<br />557.05 IMMUNITY OF LICENSE HOLDER, AGENT OR EMPLOYEE.
<br />No license holder, his agent or employee may be found guilty of violation of any section of this
<br />chapter where age is an element of the offense, if any court determines that the person buying, at
<br />the time of so doing, exhibited to the license holder, his agent or employee, an operator's or
<br />chauffeur's license showing that such person was then of legal age to buy cigarettes or tobacco
<br />products; and if such license holder, his agent or employee made a bona fide effort to ascertain
<br />the true age of the person buying by checking the identification presented at the time of
<br />purchase, to ascertain that the description on the identification presented, compared with the
<br />visual description of the buyer, and that the identification presented had not been altered in any
<br />way, and if the license holder, his agent or employee had reason to believe that the person buying
<br />was of legal age.
<br />557.06 POSSESSION, USE, PURCHASE OR RECEIVING ELECTRONIC CIGARETTES,
<br />CIGARETTES OR OTHER TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS
<br />PROHIBITED BY MINORS.
<br />(a) No child shall do any of the following unless accompanied by a parent, spouse who is
<br />eighteen years of age or older, or legal guardian of the child:
<br />(1) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products,
<br />alternative nicotine products, or papers used to roll cigarettes;
<br />(2) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco products,
<br />alternative nicotine products, or papers used to roll cigarettes;
<br />(3) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco
<br />products, alternative nicotine products, or papers used to roll cigarettes;
<br />(4) Except as provided in subsection (d) hereof, accept or receive electronic cigarettes,
<br />cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
<br />For purposes of this section, the prohibition against possessing, purchasing, ordering, paying
<br />for, accepting, or receiving electronic cigarettes, it is a violation of this section regardless of
<br />whether electronic cigarette in question actually contains nicotine or any other substance capable
<br />of producing a vapor.
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