(1) In any prosecution for violation of MMC 5.30.040, it shall be an affirmative defense that the premises are not accessible to persons who are under 18 years of age.

(2) In any prosecution for violation of MMC 5.30.040, it shall be an affirmative defense that the tobacco vending machine was under the control of a person in charge of the tobacco vending machine. (Ord. 66 § 7, passed 2-13-1990; Code 2014 § 111.07)