2014 Kentucky Revised Statutes CHAPTER 438 - OFFENSES AGAINST PUBLIC HEALTH AND SAFETY 438.315 Sales of tobacco products, alternative nicotine products, or vapor products to or purchases by persons under age 18 from vending machine prohibited -- Location of vending machine -- Penalty -- Issuance of uniform citation.
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438.315 Sales of tobacco products, alternative nicotine products, or vapor
products to or purchases by persons under age 18 from vending machine
prohibited -- Location of vending machine -- Penalty -- Issuance of
uniform citation.
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The sale of tobacco products, alternative nicotine products, or vapor products
dispensed through a vending machine is prohibited to any person under the
age of eighteen (18) years.
The purchase of tobacco products, alternative nicotine products, or vapor
products dispensed through a vending machine is prohibited to any person
under the age of eighteen (18) years.
Except for vending machines located in factories or vending machines located
in bars or taverns to which minors are not permitted access, any vending
machine from which tobacco products, alternative nicotine products, or vapor
products are dispensed shall be located in the line of sight of the cashier for the
retail establishment.
Any owner of a retail establishment violating this section shall be subject to a
fine of not less than one hundred dollars ($100) nor more than five hundred
dollars ($500) for each violation. 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. 5, effective April 10, 2014. -Amended 2010 Ky. Acts ch. 24, sec. 1928, effective July 15, 2010. -- Amended
2000 Ky. Acts ch. 423, sec. 5, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 477, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 38,
sec. 6, effective March 5, 1996. -- Created 1994 Ky. Acts ch. 480, sec. 3,
effective July 15, 1994.
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