(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 has an affirmative defense if the person or entity can establish that before the date of the violation, the person or entity did all of the following:
(1) Adopted and enforced a written policy against selling tobacco products or tobacco substitutes to individuals under 21 years of age.
(2) Informed its employees of the applicable laws regarding the sale of tobacco products or tobacco substitutes to individuals 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 under this subsection.
(4) Required employees to verify the age of tobacco product or tobacco substitute customers by means of photographic identification.
(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.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter V. Offenses Relating to Children and Vulnerable Adults
§ 1100. Definitions relating to children.
§ 1100A. Dealing in children; class E felony.
§ 1101. Abandonment of child; class E felony; class F felony.
§ 1102. Endangering the welfare of a child; class A misdemeanor; class E or G felony.
§ 1102A. Abandonment of a baby at a safe haven as defense.
§ 1103. Child abuse in the third degree; class A misdemeanor.
§ 1103A. Child abuse in the second degree; class G felony.
§ 1103B. Child abuse in the first degree; class B felony.
§ 1105. Crime against a vulnerable adult.
§ 1106. Unlawfully dealing with a child; class B misdemeanor.
§ 1107. Endangering children; unclassified misdemeanor.
§ 1108. Sexual exploitation of a child; class B or D felony.
§ 1109. Dealing in child pornography; class B or D felony.
§ 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony.
§ 1110A. Exclusion for §1108 and §1109 of this title.
§ 1111. Possession of child pornography; class F felony.
§ 1112. Sexual offenders; prohibitions from school zones.
§ 1112A. Sexual solicitation of a child; class C felony; class B felony.
§ 1112B. Promoting sexual solicitation of a child.
§ 1112C. Enticement for purposes of sexual contact; class F felony.
§ 1113. Criminal nonsupport and aggravated criminal nonsupport.
§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.
§ 1118. Distribution of samples or coupons.
§ 1119. Distribution of tobacco products or tobacco substitutes through vending machines.
§ 1120. Distribution of tobacco products.
§ 1123. Liability of employer.