5.08.517 Affirmative defense.
In a prosecution of a person for violation of BC 5.08.515, it is an affirmative defense to be established by a preponderance of the evidence by the defendant that:
A. Prior to the commission of the offense, the person had trained all the person’s employees who may sell tobacco products that:
1. The sale and distribution of tobacco products to any person under 18 years of age is illegal; and
2. The age of a person who is purchasing tobacco products must be verified by means of photographic identification containing the bearer’s date of birth, unless the purchaser is older than 26 years of age; and
B. At the time of the commission of the offense, the employee who sold or caused tobacco products to be distributed to a person under 18 years of age had appropriately verified the purchaser’s age through the examination of photographic identification, but was shown convincingly false or altered identification that a reasonable person would not have determined was altered or inaccurate in its description of the person to whom the tobacco products were sold or distributed. [BC 5.08.517, added by Ordinance No. 3983, 6/9/97]