CSSSHB 159(JUD): "An Act relating to sale, gift, exchange, possession, and purchase of tobacco and tobacco products; and providing for an effective date."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159(JUD) 01 "An Act relating to sale, gift, exchange, possession, and purchase of tobacco and 02 tobacco products; 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(a) is amended to read: 05 (a) A person commits the offense of selling or giving tobacco to a minor if the 06 person is 19 years of age or older and 07 [(1)] negligently sells, exchanges, or gives a cigarette, a cigar, tobacco, 08 or a product containing tobacco to a person under 19 years of age [; OR 09 (2) MAINTAINS A VENDING MACHINE THAT DISPENSES 10 CIGARETTES, CIGARS, TOBACCO, OR PRODUCTS CONTAINING TOBACCO]. 11 * Sec. 2. AS 11.76.105 is repealed and reenacted to read: 12 Sec. 11.76.105. Possession, purchase, or use of false identification to obtain 13 tobacco by a person under 19. (a) A person under 19 years of age may not 14 knowingly
01 (1) possess or attempt to purchase a tobacco product in this state; or 02 (2) present false or fraudulent proof of age for the purpose of 03 purchasing a tobacco product. 04 (b) A person who violates this section is guilty of a violation and upon 05 conviction shall be punished by a fine of not less than $250 for a first offense within 06 a two-year period, not less than $500 for a second offense within a two-year period, 07 and not less than $1,000 for a third or subsequent offense within a two-year period. 08 (c) In this section, "possess" does not include possession for the purpose of 09 retail sale by a person under 19 years of age who holds a license endorsement under 10 AS 43.70.075 or who is the employee of a person who holds a license endorsement 11 under AS 43.70.075. 12 * Sec. 3. AS 11.76.107 is repealed and reenacted to read: 13 Sec. 11.76.107. Restrictions on sale of tobacco and tobacco products. (a) 14 A person may not sell a tobacco product unless 15 (1) the 16 (A) person also holds a license endorsement issued under 17 AS 43.70.075; 18 (B) sale occurs on the retail premises; and 19 (C) person purchasing or receiving the tobacco product provides 20 proof of age if proof is demanded as provided under (c) of this section; 21 (2) the sale is a wholesale transaction by a person licensed as a 22 manufacturer under AS 43.50.010; 23 (3) the sale is by mail order, and the person selling the tobacco product 24 has a copy of the purchaser's photo identification indicating that the purchaser is at 25 least 19 years of age; or 26 (4) the sale is by vending machine as provided under (b) of this section. 27 (b) Except as provided in this subsection, a person may not sell a tobacco 28 product by vending machine. The sale of a tobacco product through a vending 29 machine is permitted if the vending machine is located in 30 (1) an employee break room or other controlled area of a private work 31 place that is not generally considered a public place; or
01 (2) a place where alcoholic beverages are sold, but only if the vending 02 machine is 03 (A) located as far as practicable from the primary entrance; and 04 (B) inaccessible to the public when the licensed premises is 05 closed. 06 (c) A person engaged in the sale of a tobacco product shall demand proof of 07 age from a prospective purchaser or recipient if the person has reason to believe that 08 the prospective purchaser or recipient is under 27 years of age. A prosecution for 09 violation of this subsection may not be brought unless a prosecution is also brought 10 for violation of AS 11.76.100. 11 (d) A person engaged in the retail business of selling a tobacco product shall 12 notify each individual employed by that person as a retail sales clerk that state law (1) 13 prohibits the sale of a tobacco product to any person under 19 years of age and the 14 purchase or receipt of a tobacco product by any person under 19 years of age; and (2) 15 requires that proof of age be demanded from a prospective purchaser or recipient if the 16 person engaged in sale of the tobacco product has reason to believe that the 17 prospective purchaser or recipient is under 27 years of age. This notice shall be 18 provided before the individual commences work as a retail sales clerk. The individual 19 shall signify receipt of the notice required by this subsection by signing a form stating 20 as follows: 21 "I understand that state law prohibits the sale of a tobacco 22 product to persons under 19 years of age and requires that proof 23 of age be demanded from a prospective purchaser or recipient 24 if I have reason to believe that the prospective purchaser or 25 recipient is under 27 years of age. I promise, as a condition of 26 my employment, to observe this law." 27 Each form signed by an individual shall indicate the date of signature. The employer 28 shall retain the form signed by an individual employed as a retail sales clerk until 120 29 days after the individual has left the employer's employ. 30 (e) The court shall forward to the Department of Commerce and Economic 31 Development a record of each person convicted under this section.
01 (f) A person who holds a business license endorsement under AS 43.70.075, 02 or an agent or employee of the person, may not sell cigarettes to another person if the 03 cigarettes are sold singly or in numbers that are fewer than contained in the 04 manufacturer's original cigarette pack or contained in a cigarette carton or box. 05 (g) A person who violates this section is guilty of a violation and upon 06 conviction shall be punished by a fine of not less than $250 for a first offense within 07 a two-year period, of not less than $500 for a second offense within a two-year period, 08 and for a third or subsequent violation within a two-year period by a fine of not less 09 than $1,000 and suspension of the license endorsement required under AS 43.70.075 10 for a period of not more than one year. 11 * Sec. 4. AS 11.76 is amended by adding a new section to read: 12 Sec. 11.76.109. Definitions for AS 11.76.100 - 11.76.109. In AS 11.76.100 - 13 11.76.109, unless the context requires otherwise, 14 (1) "person" has the meaning given in AS 11.81.900; 15 (2) "proof of age" means a driver's license or other documentary or 16 written evidence that is made of or encased in plastic and contains a photograph of the 17 holder and a statement of age or date of birth that establishes that the person is 19 18 years of age or older; 19 (3) "tobacco product" means a product that contains tobacco and is 20 intended for human consumption; 21 (4) "vending machine" means a mechanical, electric, or electronic self- 22 service device that, upon insertion of money, tokens, or another form of payment, 23 automatically dispenses a tobacco product. 24 * Sec. 5. AS 22.35 is amended by adding a new section to read: 25 Sec. 22.35.020. Use of fine proceeds. The administrative director of the court 26 system shall separately account for fines collected for violations of AS 11.76.100, 27 11.76.105, and 11.76.107 and deposit them in the general fund. The annual estimated 28 balance in the account maintained under this section for fines collected under 29 AS 11.76.100, 11.76.105, or 11.76.107 may be appropriated by the legislature to 30 support municipal law enforcement. 31 * Sec. 6. AS 43.50.070 is amended to read:
01 Sec. 43.50.070. Revocation or suspension of licenses. The department may 02 suspend or revoke a license issued under AS 43.50.010 - 43.50.180, (1) for a 03 criminally negligent violation of AS 11.76.100 [, 11.76.107] or a violation of 04 AS 43.50.010 - 43.50.180 or a regulation of the department adopted under 05 AS 43.50.010 - 43.50.180; (2) if a licensee ceases to act in the capacity for which the 06 license was issued; or (3) if a manufacturer, distributor, or wholesale distributor 07 negligently sells tobacco or products containing tobacco to a nonlicensed retailer or a 08 retailer whose license endorsement under AS 43.70.075 has been suspended. The 09 department may suspend or revoke a license issued under AS 43.50.010 - 10 43.50.180 for a period of not more than one year for a criminally negligent 11 violation of AS 11.76.107. A person whose license is suspended or revoked may not 12 sell cigarettes or permit cigarettes to be sold during the period of the suspension or 13 revocation on the premises occupied or controlled by that person and may not apply 14 for a license under AS 43.50.010 - 43.50.180 under a different name. A 15 disciplinary proceeding or action is not barred or abated by the expiration, transfer, 16 surrender, renewal, or extension of a license issued under AS 43.50.010 - 43.50.180. 17 The department shall comply with the provisions of AS 44.62 ( [THE] Administrative 18 Procedure Act [(AS 44.62]). 19 * Sec. 7. AS 43.70.075(b) is amended to read: 20 (b) The department, upon payment of a fee of $100 [$25], shall issue a 21 business license endorsement to a person who applies for a business license under this 22 chapter, and may renew the endorsement issued under this subsection for a fee of $100 23 [$25]. The endorsement expires at the same time as the license to which it attaches. 24 * Sec. 8. AS 43.70.075(d) is amended to read: 25 (d) If a person who holds an endorsement issued under this section, or an 26 agent or an employee of a person who holds an endorsement issued under this section 27 acting within the scope of the agency or employment, has been convicted of violating 28 AS 11.76.100 or 11.76.107, or violates a provision of this section or a regulation 29 implementing this section [ADOPTED UNDER AS 43.70.090], the department may 30 suspend the endorsement for a period of not more than 31 (1) 45 days; [OR]
01 (2) 90 days, if within the past 24 months the person has been 02 previously convicted of violating AS 11.76.100 or 11.76.107, or a provision of this 03 section or a regulation implementing this section; or 04 (3) one year if within the past 24 months the person has been 05 previously convicted two or more times of violating AS 11.76.100 or 11.76.107 or 06 a provision of this section or a regulation implementing this section [ADOPTED 07 UNDER AS 43.70.090]. 08 * Sec. 9. AS 43.70.075(e) is amended to read: 09 (e) If a person who receives an endorsement under this section has multiple 10 retail outlets, a suspension imposed under (d) of this section applies only to the retail 11 outlet in which the violation occurs. If a person receives a suspension under (d) of 12 this section, the person may not apply for a license endorsement under this section 13 under a different name. 14 * Sec. 10. AS 47.12.030(b) is amended to read: 15 (b) When a minor is accused of violating a statute specified in this subsection, 16 other than a statute the violation of which is a felony, this chapter and the Alaska 17 Delinquency Rules do not apply and the minor accused of the offense shall be charged, 18 prosecuted, and sentenced in the district court in the same manner as an adult; if a 19 minor is charged, prosecuted, and sentenced for an offense under this subsection, the 20 minor's parent, guardian, or legal custodian shall be present at all proceedings; the 21 provisions of this subsection apply when a minor is accused of violating 22 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 23 a municipality; 24 (2) AS 11.76.105 [, RELATING TO THE POSSESSION OF 25 TOBACCO BY A PERSON UNDER 19 YEARS OF AGE]; 26 (3) a fish and game statute or regulation under AS 16; 27 (4) a parks and recreational facilities statute or regulation under 28 AS 41.21; and 29 (5) AS 04.16.050, relating to possession, control, or consumption of 30 alcohol. 31 * Sec. 11. AS 11.76.100(b) and 11.76.100(c) are repealed
01 * Sec. 12. TRANSITIONAL NOTICE PROVISION. Within 30 days after the effective 02 date of this Act, the employee notice required under AS 11.76.107(d), enacted in sec. 3 of this 03 Act, shall be given to employees engaged in the retail business of selling a tobacco product 04 on the day before the effective date of this Act. 05 * Sec. 13. This Act takes effect July 1, 1997.