Section 438.310 - [Effective 1/1/2025] Sale of tobacco products, alternative nicotine products, or vapor products to persons under age 21 prohibited - Penalty(1) No person shall sell or cause to be sold any tobacco product or alternative nicotine productat 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 oralternative nicotine productat retail.(2) Any person who sells tobacco products oralternative nicotine productsat 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 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.Amended by 2024 Ky. Acts ch. TBD,§ 9, eff. 1/1/2025.Amended by 2020 Ky. Acts ch. 35,§ 2, eff. 3/26/2020.Amended by 2014 Ky. Acts ch. 111,§ 2, eff. 4/10/2014.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 1925, effective7/15/2010. --Amended 2000, Ky. Acts ch. 423, sec. 2, effective 7/14/2000. -- Amended 1996, Ky. Acts ch. 38, sec. 3, effective 3/5/1996. -- Amended 1994 Ky. Acts ch. 480, sec. 9, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 164, sec. 3, effective 7/14/1992. -- Created 1990 Ky. Acts ch. 388, sec. 1, effective 7/13/1990.This section is set out more than once due to postponed, multiple, or conflicting amendments.