00SENATE BILL NO. 217                                                                                                   
01 "An Act relating to the offense of selling or giving tobacco to a minor; and                                            
02 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                                                                                                                  
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                                                                               
10   [(1)]  negligently [SELLS,] exchanges [,] or gives a cigarette, a cigar,                                             
11 tobacco, or a product containing tobacco to 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.                                                             
13    * Sec. 3.  This Act takes effect July 1, 1998.