438.310 Sale of tobacco products or alternative nicotine products to persons under
349 words·~2 min read·
/ky/438-310A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
age 21 prohibited -- Penalties.
(1)No person shall sell or cause to be sold any tobacco product or alternative nicotine
product at retail to any person under the age of twenty-one (21), or solicit any
person under the age of twenty-one
(21)to purchase any tobacco product or
alternative nicotine product at retail.
(2)Any person who sells tobacco products or alternative nicotine products at retail
shall cause to be posted in a conspicuous place in his or her establishment a notice
stating that it is illegal to sell tobacco products, alternative nicotine products, or
vapor products to persons under age twenty-one (21).
(3)Any person selling tobacco products, alternative nicotine products, or vapor
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 twenty-one (21).
(4)A person who violates subsection
(1)or
(2)of this section shall be subject to a:
(a)One hundred dollar ($100) fine to the retail sales clerk for a first citation and a
notice to the owner of a retail establishment which details the violation;
(b)One hundred dollar ($100) fine to the retail sales clerk and an additional five
hundred dollar ($500) fine to the owner of a retail establishment for a second
citation;
(c)One hundred dollar ($100) fine to the retail sales clerk and an additional one
thousand dollar ($1,000) fine to the owner of a retail establishment for a third
citation; and
(d)Revocation of the tobacco, nicotine, or vapor product license upon a fourth
citation. Revocation for any fourth and subsequent citation within a two
year period shall result in the inability to reapply for a license for two
years.
(5)Each citation shall be specific to the premises of the retail establishment where the
violation occurred.
(6)The fine shall be imposed and collected by the department using a civil
enforcement procedure.
(7)A retailer shall be prohibited from renewing its license until all fines incurred under
KRS 438.305 to 438.350 are paid.