AN ACT relating to vapor products.
Be it enacted by the General Assembly of the
Commonwealth of Kentucky:
âSection 1. KRS 438.305 is amended to read as follows:
As used in KRS 438.305 to
438.340, unless the context requires otherwise:
(1) "Manufacturer"
means any person who manufactures or produces tobacco products within or
without this Commonwealth;
(2) "Nonresident
wholesaler" means any person who purchases cigarettes or other tobacco
products directly from the manufacturer and maintains a permanent location or
locations outside this state at which Kentucky cigarette tax evidence is
attached or from which Kentucky cigarette tax is reported and paid;
(3) "Proof
of age" means a driver's license or other documentary or written evidence
that the individual is eighteen (18) years of age or older;
(4) "Resident
wholesaler" means any person who purchases at least seventy-five percent
(75%) of all cigarettes or other tobacco products purchased by that person
directly from the cigarette manufacturer on which the cigarette tax provided
for in KRS 138.130 to 138.205 is unpaid, and who maintains an established place
of business in this state at which the person attaches cigarette tax evidence
or receives untaxed cigarettes;
(5) "Sample"
means a tobacco product or vapor product distributed to members of the general public at no cost;
(6) "Subjobber"
means any person who purchases tobacco products, on which the Kentucky
cigarette tax has been paid, from a wholesaler licensed pursuant to KRS
138.195, and makes them available to a retail establishment for resale; and
(7) "Vapor
product" means any noncombustible product that employs a mechanical
heating element, battery, or electronic circuit, regardless of shape or size,
and that can be used to heat a liquid nicotine solution contained in a vapor
cartridge. "Vapor product" includes an electronic cigarette,
electronic cigar, electronic cigarillo, and electronic pipe. The term
"vapor product" does not include any cessation product approved by the
United States Food and Drug Administration and marketed and sold solely for
that approved purpose.
âSection 2. KRS 438.310 is amended to read as follows:
(1) No person
shall sell or cause to be sold any tobacco product or vapor product at retail to any person under the age of eighteen (18), or
solicit any person under the age of eighteen (18) to purchase any tobacco
product or vapor product at retail.
(2) Any person
who sells tobacco products or vapor products at retail shall cause to be posted in a conspicuous place
in his establishment a notice stating that it is illegal to sell tobacco
products or vapor products to persons under age eighteen (18).
(3) Any person
selling tobacco 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 eighteen (18).
(4) A person who
violates subsection (1) or (2) 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 a first violation and a fine of not less than five hundred dollars
($500) nor more than one thousand dollars ($1,000) for any subsequent
violation. The fine shall be administered by the Department of Alcoholic
Beverage Control using a civil enforcement procedure.
âSection 3. KRS 438.311 is amended to read as follows:
(1) Except for
the provisions of KRS 438.330, it shall be unlawful for a person who has not
attained the age of eighteen (18) years to purchase or accept receipt of or to
attempt to purchase or accept receipt of a tobacco product or vapor product, or to present or offer to any person any purported proof
of age which is false, fraudulent, or not actually his or her own, for the
purpose of purchasing or receiving any tobacco product or vapor product. It shall not be unlawful for such a person to accept
receipt of a tobacco product or vapor product from a family member, except if the child has been
committed to the custody of the state under KRS Chapters 600 to 645, or from an
employer when required in the performance of the person's duties.
(2) Violation of
this section shall be punishable by a fine of fifty dollars ($50) and twenty
(20) hours of community service work for a first offense within a one (1) year
period, and a fine of two hundred dollars ($200) and forty (40) hours of
community service work for a second or subsequent offense within a one (1) year
period.
(3) This 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 Department
of Alcoholic Beverage Control may issue a uniform citation, but 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 the section, the court may compel the attendance of the defendant
in the manner specified by law.
âSection 4. KRS 438.313 is amended to read as follows:
(1) No
wholesaler, retailer, or manufacturer of cigarettes,[ or]
tobacco products, or vapor products may distribute cigarettes, [or
]tobacco products, or vapor 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, or vapor 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 Department 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 Department
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.
âSection 5. KRS 438.315 is amended to read as follows:
(1) The sale of
tobacco products or vapor products dispensed through a vending machine is prohibited to any
person under the age of eighteen (18) years.
(2) The purchase
of tobacco products or vapor 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 Department 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)[(5)] All peace
officers with general law enforcement authority and employees of the Department
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.
âSection 6. KRS 438.320 is amended to read as follows:
Each resident wholesaler,
nonresident wholesaler, or subjobber making tobacco products or vapor products available to a retail establishment for sale or
distribution shall report the name and address of the owner of the retail
establishment to the Department of Alcoholic Beverage Control in a manner
specified by administrative regulations promulgated pursuant to KRS Chapter
13A.
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