Ohio § 2927.022

§ 2927.022.

(A) A seller or an agent or employee of a seller may not be found guilty of a charge

of a violation of section 2927.02 of the Revised Code in which the age of the purchaser or other recipient of cigarettes, other tobacco

products, or alternative nicotine products is an element of the alleged violation,

if the seller, agent, or employee raises and proves as an affirmative defense that

all of the following occurred: (1) A card holder attempting to purchase or receive cigarettes, other tobacco products,

or alternative nicotine products presented a driver's or commercial driver's license

or an identification card. (2) A transaction scan of the driver's or commercial driver's license or identification

card that the card holder presented indicated that the license or card was valid. (3) The cigarettes, other tobacco products, or alternative nicotine products were sold,

given away, or otherwise distributed to the card holder in reasonable reliance upon

the identification presented and the completed transaction scan. (B) In determining whether a seller or an agent or employee of a seller has proven the

affirmative defense provided by division (A) of this section, the trier of fact in

the action for the alleged violation of section 2927.02 of the Revised Code shall consider any written policy that the seller has adopted and implemented and

that is intended to prevent violations of section 2927.02 of the Revised Code .  For purposes of division (A)(3) of this section, the trier of fact shall consider

that reasonable reliance upon the identification presented and the completed transaction

scan may require a seller or an agent or employee of a seller to exercise reasonable

diligence to determine, and that the use of a transaction scan device does not excuse

a seller or an agent or employee of a seller from exercising reasonable diligence

to determine, the following: (1) Whether a person to whom the seller or agent or employee of a seller sells, gives

away, or otherwise distributes cigarettes, other tobacco products, or alternative

nicotine products is twenty-one years of age or older; (2) Whether the description and picture appearing on the driver's or commercial driver's

license or identification card presented by a card holder is that of the card holder. (C) In any criminal action in which the affirmative defense provided by division (A)

of this section is raised, the registrar of motor vehicles or a deputy registrar who

issued an identification card under sections 4507.50 to 4507.52 of the Revised Code shall be permitted to submit certified copies of the records of that issuance in

lieu of the testimony of the personnel of or contractors with the bureau of motor

vehicles in the action.