Kentucky Statutes 438.310 – Sale of tobacco products, alternative nicotine products, or vapor products to persons under age 21 prohibited — Penalty
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(1) No person shall sell or cause to be sold any tobacco product, alternative nicotine product, or vapor product at retail to any person under the age of twenty-one (21), or solicit any person under the age of twenty-one (21) to purchase any tobacco product, alternative nicotine product, or vapor product at retail.
(2) Any person who sells tobacco products, alternative nicotine products, or vapor products at retail shall cause to be posted in a conspicuous place in his or her establishment a notice stating that it is illegal to sell tobacco products, alternative nicotine products, or vapor products to persons under age twenty-one (21).
(3) Any person selling tobacco products, alternative nicotine products, or vapor products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of twenty-one (21).
(4) A person who violates subsection (1) or (2) of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for a first violation and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent violation. The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure.
Effective: March 26, 2020
History: Amended 2020 Ky. Acts ch. 35, sec. 2, effective March 26, 2020. — Amended
2014 Ky. Acts ch. 111, sec. 2, effective April 10, 2014. — Amended 2010 Ky. Acts ch. 24, sec. 1925, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 423, sec. 2, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 38, sec. 3, effective March 5,
1996. — Amended 1994 Ky. Acts ch. 480, sec. 9, effective July 15, 1994. “” Amended 1992 Ky. Acts ch. 164, sec. 3, effective July 14, 1992. — Created 1990 Ky. Acts ch. 388, sec. 1, effective July 13, 1990.
Formerly codified as KRS § 438.045.
(2) Any person who sells tobacco products, alternative nicotine products, or vapor products at retail shall cause to be posted in a conspicuous place in his or her establishment a notice stating that it is illegal to sell tobacco products, alternative nicotine products, or vapor products to persons under age twenty-one (21).
(3) Any person selling tobacco products, alternative nicotine products, or vapor products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of twenty-one (21).
(4) A person who violates subsection (1) or (2) of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for a first violation and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent violation. The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure.
Effective: March 26, 2020
History: Amended 2020 Ky. Acts ch. 35, sec. 2, effective March 26, 2020. — Amended
2014 Ky. Acts ch. 111, sec. 2, effective April 10, 2014. — Amended 2010 Ky. Acts ch. 24, sec. 1925, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 423, sec. 2, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 38, sec. 3, effective March 5,
1996. — Amended 1994 Ky. Acts ch. 480, sec. 9, effective July 15, 1994. “” Amended 1992 Ky. Acts ch. 164, sec. 3, effective July 14, 1992. — Created 1990 Ky. Acts ch. 388, sec. 1, effective July 13, 1990.
Formerly codified as KRS § 438.045.