Title
Amending Section 9-622 of The Philadelphia Code, entitled "Cigarettes and Tobacco Products," by revising the acceptable forms of identification; and by increasing the penalties for violations; all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-622 of The Philadelphia Code is hereby amended to read as follows:
ยง 9-622. Cigarettes and Tobacco Products.
(1) Sales to minors prohibited; mandatory identification; warning signs.
(a) It shall be unlawful for any person, including any retail business, to sell or furnish by gift, purchase or other means any cigarette or other tobacco product to any person under the age of eighteen (18) years.
(b) No person shall sell any cigarette or other tobacco product unless the purchaser either:
(.1) demonstrates proof of legal age by means of a photographic identification card issued by a government entity [or school]; or
(.2) reasonably appears to be at least [twenty-five (25)] twenty-seven years of age.
(c) Defenses.
(.1) It shall be a defense to a charge of unlawful sale to a person under eighteen (18) years of age that the seller reasonably relied on photographic identification pursuant to the preceding subsection (b), notwithstanding the fact the identification relied upon is subsequently proven to be fake. Reliance will be presumed not reasonable if the identification does not contain all of the following: a photo likeness, birth date, expiration date and signature; or if it contains bumps, tears or other damage.
(.2) It shall not be a defense to a charge of unlawful sale to a person under eighteen (18) years of age that the purchaser reasonably appeared to be at least [twenty-five (25)] twenty-seven years of age.
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(6) Enforcement and Penalties.
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(b) Any person who receives a notice of violation may, within ten (10) days, pay [one hundred (100)] two hund...
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