Proof of age required, when
When someone wants to buy tobacco, nicotine, or vapor products, the seller has to ask for ID if the person looks like they might be under 18. Acceptable IDs include a driver's license, state ID card, military ID, or passport. If a seller honestly checks the ID and it looks real, that protects the seller from being punished if the ID turns out to be fake. A person who fakes or changes a driver's license or ID card can be fined up to $1,000 and/or locked up for up to one year.
*407.929. of age required, when — to for violation is on proof — . — 1. A person or selling tobacco products, , or or or tobacco product, , or samples shall require proof of age from a purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen.
2. The 's or issued the of section 302.177, or the operator's or chauffeur's license issued pursuant to the laws of any state or possession of the United States to residents of those states or possessions, or an as provided for in section 302.181, or the identification card issued by any of the United States, or a valid passport shall be presented by the thereof upon request of any of the or any owner or employee of an that sells tobacco, alternative nicotine products, or vapor products, for the purpose of aiding the , agent or employee to determine whether or not the person is at least eighteen years of age when such person desires to purchase or possess tobacco products, alternative nicotine products, or vapor products procured from a registrant. Upon such presentation, the owner or employee of the establishment shall compare the photograph and physical characteristics noted on the , identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
3. Any person who shall, without from the , reproduce, alter, or any chauffeur's license, motor vehicle or identification card shall be guilty of a and upon shall be subject to a fine of not more than one thousand dollars, and for not more than one year, or by both such fine and imprisonment.
4. Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of subsections 1, 2 and 3 of section 407.931. No person shall be for more than one violation of subsections 2 and 3 of section 407.931 on any single day.
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Source & history notes
(L. 1992 S.B. 509, et al. §§ 11, 13, A.L. 2001 H.B. 381, A.L. 2014 S.B. 841) *Effective 10-10-14, see § 21.250. S.B. 841 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.
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