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4 <br /> years of age. Retail distributors of tobacco products or cigarette wrapping papers shall train <br /> their sales employees in the requirements of this law. Proof of any of the following shall be a <br /> defense to any action brought under this subsection: <br /> (1) The defendant demanded, was shown, and reasonably relied upon proof of <br /> age in the case of a retailer, or any other documentary or written evidence of <br /> age in the case of a nonretailer. <br /> (2) The defendant relied on the electronic system established and operated by <br /> the Division of Motor Vehicles pursuant to G.S. 20-37.02. <br /> (3) The defendant relied on a biometric identification system that demonstrated <br /> (i) the purchaser's age to be at least the required age for the purchase and (ii) <br /> the purchaser had previously registered with the seller or seller's agent a <br /> drivers license, a special identification card issued under G.S. 20-377.7, a <br /> military identification card, or a passport showing the purchaser's date of <br /> birth and bearing a physical description of the person named on the card. <br /> (b1) Distribution of tobacco products. - Tobacco products shall not be distributed in <br /> vending machines; provided, however, vending machines distributing tobacco products are <br /> permitted (i) in any establishment which is open only to persons 18 years of age and older; or <br /> (ii) in any establishment if the vending machine is under the continuous control of the owner or <br /> licensee of the premises or an employee thereof and can be operated only upon activation by <br /> the owner, licensee, or employee prior to each purchase and the vending machine is not <br /> accessible to the public when the establishment is closed. The owner, licensee, or employee <br /> shall demand proof of age from a prospective purchaser if the person has reasonable grounds to <br /> believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age <br /> as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is <br /> under 18 years of age. Proof that the defendant demanded, was shown, and reasonably relied <br /> upon proof of age shall be a defense to any action brought under this subsection. Vending <br /> machines distributing tobacco products in establishments not meeting the above conditions <br /> shall be removed prior to December 1, 1997. Vending machines distributing tobacco-derived <br /> products, vapor products, or components of vapor products in establishments not meeting the <br /> above conditions shall be removed prior to August 1, 2013. Any person distributing tobacco <br /> products through vending machines in violation of this subsection shall be guilty of a Class 2 <br /> misdemeanor. <br /> (b2) Internet distribution of tobacco products. - A person engaged in the distribution of <br /> tobacco products through the Internet or other remote sales methods shall perform an age <br /> verification through an independent, third-party age verification service that compares <br /> information available from public records to the personal information entered by the individual <br /> during the ordering process to establish that the individual ordering the tobacco products is 18 <br /> years of age or older. <br /> (c) Purchase by persons under the age of 18 years. - If any person under the age of 18 <br /> years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco <br /> products or cigarette wrapping papers, or presents or offers to any person any purported proof <br /> of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing <br /> or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a <br /> Class 2 misdemeanor; provided, however, that it shall not be unlawful for an employee to <br /> purchase or accept receipt of tobacco products or cigarette wrapping papers when required in <br /> the performance of the employee's duties. <br /> (d) Sending or assisting a person [less than] 18 years to purchase or receive tobacco <br /> products or cigarette wrapping papers. - If any person shall send a person less than 18 years of <br /> age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products <br /> or cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 <br /> years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or <br />