SB 207: "An Act relating to penalties for sales or gifts of tobacco to persons under 19 years of age, to possession of tobacco by a person under 19 years of age, and to penalties on cigarette tax and tobacco tax licensees for selling or giving cigarettes or tobacco to persons under 19 years of age."
00SENATE BILL NO. 207 01 "An Act relating to penalties for sales or gifts of tobacco to persons under 19 02 years of age, to possession of tobacco by a person under 19 years of age, and 03 to penalties on cigarette tax and tobacco tax licensees for selling or giving 04 cigarettes or tobacco to persons under 19 years of age." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.76.100(d) is amended to read: 07 (d) A person 08 (1) who violates (a)(1) of this section by selling, exchanging, 09 [SELLING] or giving tobacco to a person under 19 years of age [MINOR] is guilty 10 of a class A misdemeanor, except that, if within the five years preceding the 11 offense, the person has previously been convicted under this subsection or a law 12 or ordinance of this or another jurisdiction with elements substantially similar to 13 this section, the person is guilty of a class C felony; 14 (2) who maintains a vending machine in violation of (a)(2) of this
01 section commits a violation and upon conviction is punishable by a fine of not less 02 than $300. 03 * Sec. 2. AS 11.76.105(b) is amended to read: 04 (b) Possession of tobacco or a product containing tobacco in violation of 05 (a) of this section by a person under 19 years of age [MINOR] is a violation. 06 * Sec. 3. AS 43.50.070 is amended to read: 07 Sec. 43.50.070. Revocation of licenses. The department shall revoke a 08 license issued under AS 43.50.010 - 43.50.180 for a violation of AS 11.76.100(a)(1). 09 The department may suspend or revoke a license issued under AS 43.50.010 - 10 43.50.180 (1) for a criminally negligent violation of AS 11.76.107, [AS 11.76.100, 11 11.76.107 OR] a violation of AS 11.76.100(a)(2) or AS 43.50.010 - 43.50.180 , or a 12 regulation of the department adopted under AS 43.50.010 - 43.50.180; (2) if a licensee 13 ceases to act in the capacity for which the license was issued; or (3) if a manufacturer, 14 distributor, or wholesale distributor negligently sells tobacco or products containing 15 tobacco to a nonlicensed retailer or a retailer whose license endorsement under 16 AS 43.70.075 has been suspended. A person whose license is suspended or revoked 17 may not sell cigarettes or permit cigarettes to be sold during the period of the 18 suspension or revocation on the premises occupied or controlled by that person. A 19 disciplinary proceeding or action is not barred or abated by the expiration, transfer, 20 surrender, renewal, or extension of a license issued under AS 43.50.010 - 43.50.180. 21 The department shall comply with the provisions of AS 44.62 ( [THE] Administrative 22 Procedure Act [(AS 44.62]). 23 * Sec. 4. AS 43.50.320(f) is amended to read: 24 (f) The department shall revoke a license issued under this section for a 25 violation of AS 11.76.100(a)(1) and may suspend or revoke a license issued under this 26 section if the licensee violates AS 11.76.100(a)(2) or violates a provision of 27 AS 43.50.300 - 43.50.390 or a regulation adopted under AS 43.50.370. 28 * Sec. 5. APPLICABILITY. This Act applies to offenses committed on or after the 29 effective date of this Act. References in AS 11.76.100(d)(1), amended by sec. 1 of this Act, 30 to prior or previous convictions refer to convictions occurring on or after the effective date 31 of this Act.