HB 189: "An Act relating to sale, gift, and possession of tobacco and tobacco products; and providing for an effective date."
00HOUSE BILL NO. 189 01 "An Act relating to sale, gift, and possession of tobacco and tobacco products; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.100(b) is amended to read: 05 (b) Notwithstanding the provisions of (a) of this section, a person who 06 maintains a vending machine is not in violation of (a)(2) of this section if the vending 07 machine is located 08 [(1)] on premises licensed as a beverage dispensary under AS 04.11.090, 09 licensed as a club under AS 04.11.110, or licensed as a package store under 10 AS 04.11.150 [;] and is 11 (1) [(A)] as far as practicable from the primary entrance; and 12 (2) [(B)] in a place that is directly and continually supervised by a 13 person employed on the licensed premises during the hours the vending machine is 14 accessible to the public [; OR
01 (2) IN AN EMPLOYEE BREAK ROOM OR OTHER CONTROLLED 02 AREA OF A PRIVATE WORK PLACE THAT IS NOT GENERALLY 03 CONSIDERED A PUBLIC PLACE]. 04 * Sec. 2. AS 11.76.100(d) is amended to read: 05 (d) A person who violates this section is guilty of [SELLING OR GIVING 06 TOBACCO TO A MINOR IS] a violation and upon conviction is punishable by a fine 07 of not less than $300. 08 * Sec. 3. AS 11.76.100 is amended by adding new subsections to read: 09 (g) Except as provided under (h) of this section, a person may not sell 10 cigarettes, cigars, tobacco, or a product containing tobacco unless 11 (1) the person also holds a liquor license issued under AS 04.11.090, 12 04.11.110, or 04.11.150; 13 (2) the sale occurs on the licensed premises; and 14 (3) the person purchasing the cigarettes, cigars, tobacco, or product 15 containing tobacco provides proof that the person is at least 19 years of age. 16 (h) The restrictions imposed under (g) of this section do not apply to 17 (1) wholesale transactions when the person selling the cigarettes, cigars, 18 tobacco, or products containing tobacco is licensed as a manufacturer or distributor 19 under AS 43.50.010; or 20 (2) cigarettes, cigars, tobacco, or products containing tobacco sold by 21 vending machine as required under (b) of this section. 22 * Sec. 4. AS 11.76.105(a) is amended to read: 23 (a) A person under 19 years of age may not knowingly possess a cigarette, a 24 cigar, tobacco, or a product containing tobacco in this state. [THIS SUBSECTION 25 DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN ADULT 26 CORRECTIONAL FACILITY.] 27 * Sec. 5. AS 11.76.107(a) is amended to read: 28 (a) A person commits the offense of failure to supervise a cigarette vending 29 machine if the person owns premises licensed as a beverage dispensary under 30 AS 04.11.090, [OR] licensed as a club under AS 04.11.110, or licensed as a package 31 store under AS 04.11.150 and with criminal negligence fails to have an employee
01 supervise a vending machine on those premises that dispenses cigarettes, cigars, 02 tobacco, or products containing tobacco as required by AS 11.76.100(b) 03 [AS 11.76.100(b)(1)(B)]. 04 * Sec. 6. AS 43.50.170(8) is amended to read: 05 (8) "place of business" means a place where cigarettes are sold, or 06 where cigarettes are brought or kept for the purpose of sale or consumption [, 07 INCLUDING A VESSEL, VEHICLE, AIRPLANE, OR TRAIN]; 08 * Sec. 7. AS 11.76.100(f) is repealed. 09 * Sec. 8. This Act takes effect July 1, 1997.