Sec. 11.76.100. Selling or giving tobacco to a minor.

423 words·~2 min read·/ak/title-11/chapter-76/11-76-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person commits the offense of selling or giving tobacco to a minor if the person

(1)negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;

(2)is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;

(3)maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco; or

(4)holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product containing tobacco.

(b)Notwithstanding the provisions of

(a)of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located

(1)on premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220 , or licensed as a package store under AS 04.09.230 and

(A)as far as practicable from the primary entrance; and

(B)in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or

(2)in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of tobacco by a person under 19 years of age is prohibited under AS 11.76.105 .

(c)In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in which the machine is located.

(d)The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075 , or who is an employee or agent of a person who holds a license endorsement under AS 43.70.075 to the Department of Commerce, Community, and Economic Development.

(e)The provisions of

(a)of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is a prisoner at an adult correctional facility.

(f)A person who violates

(a)of this section is guilty of a violation and upon conviction is punishable by a fine of not less than $300.