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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 76. Miscellaneous Offenses
- Section 100. Selling or Giving Tobacco to a Minor.
previous: Chapter 76
. Miscellaneous Offenses
next: Section 105
. Possession of Tobacco By a Minor.
AS 11.76.100. Selling or Giving Tobacco to a Minor.
- (a) A person commits the offense of selling or giving tobacco to a minor if the person
- (1) negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
- (2) is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing
tobacco to a person under 19 years of age;
- (3) maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco.
- (4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette,
a cigar, tobacco, or a product containing tobacco.
- (b) Notwithstanding the provisions of (a) of this section, a person who maintains a vending machine is not in violation of
(a)(3) of this section if the vending machine is located
- (1) on premises licensed as a beverage dispensary under AS 04.11.090
, licensed as a club under AS 04.11.110
, or licensed as a package store under AS 04.11.150
- (A) as far as practicable from the primary entrance; and
- (B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours
the vending machine is accessible to the public; or
- (2) in an employee break room or other controlled area of a private work place that is not generally considered a public
place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of
tobacco by a person under 19 years of age is prohibited under AS 11.76.105
- (c) In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in
which the machine is located.
- (d) The court shall forward a record of each person convicted under this section who holds a business license endorsement
under AS 43.70.075, or who is an employee or agent of
a person who holds a license endorsement under AS 43.70.075
to the Department of Commerce, Community, and Economic Development.
- (e) The provisions of (a) of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is
a prisoner at an adult correctional facility.
- (f) A person who violates (a) of this section is guilty of a violation and upon conviction is punishable by a fine of not
less than $300.
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