.310   Sale of tobacco products to persons under age 18 prohibited -- Penalty.


438.310 Sale of tobacco products to persons under age 18 prohibited -- Penalty.
(1)
No person shall sell or cause to be sold any tobacco product at retail to any person
under the age of eighteen (18), or solicit any person under the age of eighteen (18)
to purchase any tobacco product at retail.
(2)
Any person who sells tobacco products at retail shall cause to be posted in a
conspicuous place in his establishment a notice stating that it is illegal to sell
tobacco products to persons under age eighteen (18).
(3)
Any person selling tobacco 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 eighteen (18).
(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 Office of Alcoholic Beverage Control using a civil
enforcement procedure.
Effective: July 14, 2000
History: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.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.