(a) If a sale or distribution of any tobacco product or tobacco substitute or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of §§ 1116 through 1121 of this title by the Department of Safety and Homeland Security. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a second or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.
(b) Notwithstanding any other provision of this subpart, in any prosecution for a violation of § 1116, § 1118, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the alleged violation occurred shall have an affirmative defense if such person or entity can establish that prior to the date of the violationthe person or entity:
(1) Adopted and enforced a written policy against selling tobacco products or tobacco substitutes to persons under 21 years of age;
(2) Informed its employees of the applicable laws regarding the sale of tobacco products or tobacco substitutes to persons under 21 years of age;
(3) Required employees to sign a form indicating that they have been informed of and understand the written policy required herein;
(4) Required employees to verify the age of tobacco product or tobacco substitute customers by means of photographic identification; and
(5) Established and enforced disciplinary sanctions for noncompliance.
(c) The affirmative defense established in subsection (b) of this section may be used by an owner, proprietor, franchisee, store manager, or other person in charge of the establishment no more than 1 time at each location within any 36–month period.
70 Del. Laws, c. 318, § 4; 72 Del. Laws, c. 69, § 1; 74 Del. Laws, c. 110, § 138; 79 Del. Laws, c. 249, § 1; 82 Del. Laws, c. 10, § 8.
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