.315   Sales 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 to or purchases by persons under age 18 from vending machine
prohibited -- Location of vending machine -- Penalty -- Issuance of uniform
citation.
(1)
The sale of tobacco products dispensed through a vending machine is prohibited to
any person under the age of eighteen (18) years.
(2)
The purchase of tobacco products dispensed through a vending machine is
prohibited to any person under the age of eighteen (18) years.
(3)
Except for vending machines located in factories or vending machines located in
bars or taverns to which minors are not permitted access, beginning one (1) year
after July 15, 1994, any vending machine from which tobacco products are
dispensed shall be located in the line of sight of the cashier for the retail
establishment.
(4)
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 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.
(5)
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. 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.
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.
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