.325 Notice to employee of prohibitions -- Penalty.
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438.325 Notice to employee of prohibitions -- Penalty.
(1)
Each owner of a retail establishment selling or distributing tobacco products shall
notify each individual employed in the retail establishment as a retail sales clerk that
the sale of tobacco products to any person under the age of eighteen (18) years and
the purchase of tobacco products by any person under the age of eighteen (18) years
are prohibited.
(2)
Each owner of a retail establishment selling or distributing tobacco products shall
notify each individual employed in the retail establishment as a retail sales clerk that
proof of age is required 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)
The notice to employees that is required in subsection (1) of this section shall be
provided before the person commences work as a retail sales clerk, or, in the case of
a person employed as a retail sales clerk on July 15, 1994, within thirty (30) days of
that date. The employee shall signify receipt of the notice required by this section by
signing a form that states as follows:
"I understand that under the law of the Commonwealth of Kentucky it is illegal to
sell or distribute tobacco products to persons under the age of eighteen (18) years
and that it is illegal for persons under the age of eighteen (18) years to purchase
tobacco products."
(4)
The owner of the retail establishment shall maintain the signed notice that is
required pursuant to subsection (3) of this section in a place and in a manner so as
to be easily accessible to any employee of the Office of Alcoholic Beverage Control
or the Department of Agriculture conducting an inspection of the retail
establishment for the purpose of monitoring compliance in limiting the sale or
distribution of tobacco products to persons under the age of eighteen (18) as
provided in KRS 438.305 to 438.340.
(5)
Any owner of the retail establishment violating subsections (1) to (4) 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 each violation. The fine shall be administered by the
Office of Alcoholic Beverage Control in a civil enforcement procedure.
Effective: July 14, 2000
History:Amended 2000 Ky. Acts ch. 423, sec. 8, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 38, sec. 7, effective March 5, 1996. -- Created 1994 Ky. Acts
ch. 480, sec. 5, 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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