SCS CSSSHB 189(HES): "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products."
00SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 189(HES) 01 "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco 02 products." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.100(a) is amended to read: 05 (a) A person commits the offense of selling or giving tobacco to a minor if the 06 person 07 (1) negligently sells a cigarette, a cigar, tobacco, or a product 08 containing tobacco to a person under 19 years of age; 09 (2) is 19 years of age or older and [(1)] negligently [SELLS], 10 exchanges [,] or gives a cigarette, a cigar, tobacco, or a product containing tobacco to 11 a person under 19 years of age; or 12 (3) [(2)] maintains a vending machine that dispenses cigarettes, cigars, 13 tobacco, or products containing tobacco. 14 * Sec. 2. AS 11.76.100(b) is amended to read:
01 (b) Notwithstanding the provisions of (a) of this section, a person who 02 maintains a vending machine is not in violation of (a)(3) [(a)(2)] of this section if the 03 vending machine is located 04 (1) on premises licensed as a beverage dispensary under AS 04.11.090, 05 licensed as a club under AS 04.11.110, or licensed as a package store under 06 AS 04.11.150; and 07 (A) as far as practicable from the primary entrance; and 08 (B) in a place that is directly and continually supervised by a 09 person employed on the licensed premises during the hours the vending 10 machine is accessible to the public; or 11 (2) in an employee break room or other controlled area of a private 12 work place that is not generally considered a public place and the room or area 13 contains a posted warning sign at least 11 inches by 14 inches indicating that 14 possession of tobacco by a person under 19 years of age is prohibited under 15 AS 11.76.105 . 16 * Sec. 3. AS 11.76.100(d) is amended to read: 17 (d) A person who violates (a) of this section [SELLING OR GIVING 18 TOBACCO TO A MINOR] is guilty of a violation and upon conviction is punishable 19 by a fine of not less than $300. 20 * Sec. 4. AS 11.76 is amended by adding a new section to read: 21 Sec. 11.76.106. Selling tobacco outside controlled access. (a) Except as 22 provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, or 23 a product containing tobacco unless the sale occurs in a manner that allows only the 24 sales clerk to control access to the cigarettes, cigars, tobacco, or product containing 25 tobacco. 26 (b) Subsection (a) does not apply if the sale 27 (1) is by vending machine as provided under AS 11.76.100(b); 28 (2) is a wholesale transaction, the person is licensed as a manufacturer 29 or distributor under AS 43.50.010, and the sale occurs on premises where no retail 30 transactions occur; or 31 (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, or a
01 product containing tobacco and who restricts access to the premises to only those 02 individuals who are 19 years of age or older. 03 (c) A person who violates this section is guilty of a violation and upon 04 conviction is subject to a fine of not less than $300. 05 * Sec. 5. AS 43.50.070 is amended to read: 06 Sec. 43.50.070. Revocation of licenses. The department may suspend or 07 revoke a license issued under AS 43.50.010 - 43.50.180 (1) for a [CRIMINALLY] 08 negligent violation of AS 11.76.100, 11.76.106, 11.76.107 , or a violation of 09 AS 43.50.010 - 43.50.180 or a regulation of the department adopted under 10 AS 43.50.010 - 43.50.180; (2) if a licensee ceases to act in the capacity for which the 11 license was issued; or (3) if a manufacturer, distributor, or wholesale distributor 12 negligently sells tobacco or products containing tobacco to a nonlicensed retailer or a 13 retailer whose license endorsement under AS 43.70.075 has been suspended. A person 14 whose license is suspended or revoked may not sell cigarettes or permit cigarettes to 15 be sold during the period of the suspension or revocation on the premises occupied or 16 controlled by that person. A disciplinary proceeding or action is not barred or abated 17 by the expiration, transfer, surrender, renewal, or extension of a license issued under 18 AS 43.50.010 - 43.50.180. The department shall comply with the provisions of the 19 Administrative Procedure Act (AS 44.62). 20 * Sec. 6. AS 43.70.075(d) is amended to read: 21 (d) If a person who holds an endorsement issued under this section, or an 22 agent or an employee of a person who holds an endorsement issued under this section 23 acting within the scope of the agency or employment, has been convicted of violating 24 AS 11.76.100 , 11.76.106, or 11.76.107, or violates a provision of this section or a 25 regulation implementing this section adopted under AS 43.70.090, the department may 26 suspend the endorsement for a period of not more than 27 (1) 45 days; or 28 (2) 90 days [,] if , within the past 24 months , the person has been 29 previously convicted of violating AS 11.76.100 , 11.76.106, or 11.76.107, or a provision 30 of this section or a regulation implementing this section adopted under AS 43.70.090.