HB 223: "An Act relating to suspension of a business license endorsement for sales of tobacco products and to a tobacco sales education course; and providing for an effective date."
00 HOUSE BILL NO. 223 01 "An Act relating to suspension of a business license endorsement for sales of tobacco 02 products and to a tobacco sales education course; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.70.075(d) is amended to read: 05 (d) If a person who holds an endorsement issued under this section, or an 06 agent or an employee of a person who holds an endorsement issued under this section 07 acting within the scope of the agency or employment, has been convicted of violating 08 AS 11.76.100, 11.76.106, or 11.76.107, the department shall suspend the endorsement 09 for a period of 10 (1) 20 days and impose a civil penalty of $300 if the person has not 11 been previously convicted of violating AS 11.76.100, 11.76.106, or 11.76.107 and is 12 not otherwise subject to the sanctions described in (2) - (4) of this subsection, except 13 that, if the person convicted of violating AS 11.76.100, 11.76.106, or 11.76.107 has 14 completed a tobacco sales education course described in AS 43.70.077, the
01 department may not suspend the endorsement as required under this paragraph; 02 (2) 45 days and impose a civil penalty of $500 if, within the 24 months 03 before the date of the department's notice under (m) of this section, the person, or an 04 agent or employee of the person while acting within the scope of the agency or 05 employment of the person, was convicted once of violating AS 11.76.100, 11.76.106, 06 or 11.76.107; 07 (3) 90 days and impose a civil penalty of $1,000 if, within the 24 08 months before the date of the department's notice under (m) of this section, the person, 09 or an agent or employee of the person while acting within the scope of the agency or 10 employment of the person, was convicted twice of violating AS 11.76.100, 11.76.106, 11 or 11.76.107, or a provision of this section or a regulation implementing this section 12 adopted under AS 43.70.090; or 13 (4) one year and impose a civil penalty of $2,500 if, within the 24 14 months before the date of the department's notice under (m) of this section, the person, 15 or an agent or employee of the person while acting within the scope of the agency or 16 employment of the person, was convicted more than twice of violating AS 11.76.100, 17 11.76.106, or 11.76.107. 18 * Sec. 2. AS 43.70 is amended by adding a new section to read: 19 Sec. 43.70.077. Retail tobacco sales education course. (a) As a condition of 20 issuance or renewal of a business license endorsement under AS 43.70.075, the 21 department shall require a person who offers tobacco products for retail sale and who 22 is required to hold a business license endorsement under AS 43.70.075 to complete a 23 tobacco sales education course approved by the department. 24 (b) Except as provided in this subsection, the subjects to be included in an 25 approved tobacco sales education course shall be determined under regulations 26 adopted by the department. At a minimum, an approved tobacco sales education 27 course must include 28 (1) requirements of state and federal law applicable to tobacco sales; 29 (2) proper procedures for checking identification and preventing sales 30 to underage persons; and 31 (3) health issues relating to tobacco use.
01 (c) A person who is required to hold a business license endorsement under 02 AS 43.70.075 shall 03 (1) complete the course required under (a) of this section not more than 04 30 days after being licensed or employed; and 05 (2) keep proof acceptable to the department of successful completion 06 of an approved tobacco sales education course on the licensed premises during 07 working hours. 08 (d) The department shall review an approved tobacco sales education course at 09 least once every three years. 10 (e) In this section, "person" includes an agent or employee of the person. 11 * Sec. 3. This Act takes effect January 1, 2004.