.313 Distribution of tobacco products to persons under age 18 prohibited -- Penalty -- Issuance of uniform citation.
Code Resources
Kentucky Resources
Kentucky Website
Kentucky Governor
Kentucky Legislature
Kentucky Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
438.313 Distribution of tobacco products to persons under age 18 prohibited --
Penalty -- Issuance of uniform citation.
(1)
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).
(2)
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).
(3)
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 Office 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.
(4)
All peace officers with general law enforcement authority and employees of the
Office 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 14, 2000
History: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 -- Repealed, reenacted, and amended as KRS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.
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.