00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189                                                                               
01 "An Act relating to sale of tobacco and tobacco products; and providing for an                                          
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  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. 2.  AS 11.76.100 is amended by adding a new subsection to read:                                               
09    (g)  A person may not sell cigarettes, cigars, tobacco, or a product containing                                     
10 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 and the sale occurs on the licensed premises, including sale                                    
13 by means of a vending machine under (b) of this section;                                                                
14   (2)  the sale occurs in a manner that allows only the sales clerk to have                                            
01 access to the cigarettes, cigars, tobacco, or product containing tobacco prior to sale;                                 
02   (3)  the sale is a wholesale transaction and the person selling the                                                  
03 cigarettes, cigars, tobacco, or products containing tobacco is licensed as a manufacturer                               
04 or distributor under AS 43.50.010; or                                                                                   
05   (4)  the sale is by vending machine as required under (b) of this section.                                           
06    * Sec. 3.  This Act takes effect July 1, 1997.