(1) It shall be an affirmative defense in any complaint, information, or indictment, or to any writ or proceeding brought under this article alleging a violation of section 11-53-103 based solely on the failure in an individual case to make physical delivery within the applicable time period under section 11-53-102 (5) or 11-53105 (1)(b) if:
Failure to make physical delivery was due solely to factors beyond the control of theseller, the seller's officers, directors, partners, agents, servants, or employees, any person occupying a similar status or performing a similar function to the seller, or any person who directly or indirectly controls or is controlled by the seller, the seller's affiliates, subsidiaries, or successors; and
Physical delivery was completed within a reasonable time under the applicable circumstances.
Source: L. 89: Entire article R&RE, p. 640, § 1, effective July 1.