Amending Section 9-633 of The Philadelphia Code, entitled "Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products," to update definitions and to provide for additional penalties, enforcement, and compliance options, all under certain terms and conditions.

Amending Section 9-633 of The Philadelphia Code, entitled “Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products,” to update definitions and to provide for additional penalties, enforcement, and compliance options , all under certain terms and conditions. THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS Section 1. Section 9-633 of The Philadelphia Code is hereby amended to read as follows: § 9-633 . Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products . * * * (1) Definitions. (a) Department means the Department of Public Health and its contractors. [a] (b) *** [b] (c) *** [c] (d) *** (2) Sales to Minors Prohibited; Mandatory Identification; Warning Signs. (a) It shall be unlawful for any person[, including] or any retail business, to sell or furnish by gift, purchase or other means any electronic smoking device or unapproved nicotine delivery product to any person under the age of twenty-one (21) years. (b) No person or retail business shall sell any electronic smoking device or unapproved nicotine delivery product unless the purchaser either: * * * (c) Defenses. (.1) It shall be a defense to a charge of unlawful sale to person under twenty-one (21) years of age that the seller reasonably relied on photographic identification pursuant to the preceding subsection (b), notwithstanding the fact the identification relied upon is subsequently proven to be fake. Reliance will be presumed not reasonable if the identification does …