2014 Kentucky Revised Statutes CHAPTER 438 - OFFENSES AGAINST PUBLIC HEALTH AND SAFETY 438.313 Distribution of cigarettes, tobacco products, alternative nicotine products, or vapor products to persons under age 18 prohibited -- Penalty -- Issuance of uniform citation.
Download as PDF
438.313
Distribution of cigarettes, tobacco products, alternative nicotine
products, or vapor products to persons under age 18 prohibited -Penalty -- Issuance of uniform citation.
(1)
(2)
(3)
(4)
No wholesaler, retailer, or manufacturer of cigarettes, tobacco products,
alternative nicotine products, or vapor products may distribute cigarettes,
tobacco products, alternative nicotine products, or vapor products, including
samples thereof, free of charge or otherwise, to any person under the age of
eighteen (18).
Any person who distributes cigarettes, tobacco products, alternative nicotine
products, or vapor 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:April 10, 2014
History: Amended 2014 Ky. Acts ch. 111, sec. 4, effective April 10, 2014. -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 -- Repealed, reenacted, and amended as KRS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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.