2012 Kentucky Revised Statutes CHAPTER 438 OFFENSES AGAINST PUBLIC HEALTH AND SAFETY 438.313 Distribution of tobacco products to persons under age 18 prohibited -- Penalty -- Issuance of uniform citation.
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438.313 Distribution of tobacco products to persons under age 18 prohibited -Penalty -- Issuance of uniform citation.
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No wholesaler, retailer, or manufacturer of cigarettes or tobacco products may
distribute cigarettes or tobacco products, including samples thereof, free of charge
or otherwise, to any person under the age of eighteen (18).
Any person who distributes cigarettes or tobacco products, including samples
thereof, free of charge or otherwise shall require proof of age from a prospective
buyer or recipient if the person has reason to believe that the prospective purchaser
or recipient is under the age of eighteen (18).
Any person who violates the provisions of this section shall be fined not less than
one thousand dollars ($1,000) nor more than two thousand five hundred dollars
($2,500) for each offense. The fine shall be administered by the Department of
Alcoholic Beverage Control using a civil enforcement procedure for persons
eighteen (18) years of age or older. For persons under the age of eighteen (18) years,
the offense shall be deemed a status offense and shall be under the jurisdiction of
the juvenile session of the District Court.
All peace officers with general law enforcement authority and employees of the
Department of Alcoholic Beverage Control may issue a uniform citation, but may
not make an arrest, or take a child into custody, for a violation of this section. If a
child fails to appear in court in response to a uniform citation issued pursuant to this
section, the court may compel the attendance of the defendant in the manner
specified by law.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1927, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 423, sec. 4, effective July 14, 2000. -- Amended 1998
Ky. Acts ch. 477, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 38,
sec. 5, effective March 5, 1996. -- Repealed, reenacted, and amended as KRS
438.313, 1994 Ky. Acts ch. 480, sec. 10, effective July 15, 1994. – Created 1992 Ky.
Acts ch. 164, sec. 1.
Formerly codified as KRS 365.395.
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