§ 14.70.020. Restrictions on the manner of selling tobacco and tobacco products.

A.

Definitions.

1.

"Retail adults-only tobacco store" means any retail establishment which:

a.

Primarily sells tobacco and tobacco products while only incidentally offering other products;

b.

Prohibits any person under the age of 19 from entering such retail establishment unless such person under 19 years of age is accompanied by a parent or legal guardian;

c.

Has not been the site of two or more citations for a violation of this section in the previous 180 days unless all or all but one of such citations are overturned on appeal; and

d.

Posts one or more signs described in the next sentence visible from any entrance to such retail establishment.

i.

Each of the sign(s) referenced in this subsection shall be at least six inches by 18 inches; must state that it is a retail adults-only tobacco store; must read, in lettering at least 1.25 inches high, "The sale of tobacco products to persons under age 19 is illegal"; and must state that no person under 19 years of age may enter the retail establishment unless such person under 19 years of age is accompanied by such person's parent or legal guardian.

B.

Except for a retail adults-only tobacco store, it is unlawful for a person negligently to sell cigarettes, cigars, tobacco, or a product containing tobacco in any manner that allows any person but the sales clerk to control access to the cigarettes, cigars, tobacco, or product containing tobacco prior to sale.

1.

Subsection B. of this section does not apply to wholesale transactions in which the person selling the cigarettes, cigars, tobacco, or products containing tobacco is licensed as a manufacturer or distributor under AS 43.50.010.

2.

Subsection B. of this section does not apply to sales by vending machines which are located:

a.

As far as practical from any entrance on the inside of the licensed premises of a valid, existing beverage dispensary license, a club license, or a package store license issued under Alaska Statutes 4.11.090, 4.11.110, and 4.11.150 respectively; and

b.

The location described in subsection B.2.a. of this section is directly and continually supervised by a person employed on the licensed premises when the vending machine is accessible to the public.

C.

Any owner of a retail adults-only tobacco store or agent or employee of such owner that allows any person but the sales clerk to have access to the cigarettes, cigars, tobacco, or product containing tobacco prior to sale shall not negligently allow any person under the age of 19 to enter or remain in the premises of the retail adults-only tobacco store unless such person under 19 years of age is accompanied by a parent or legal guardian.

D.

Not later than seven days after the date of the citation, the chief of police or a designee shall notify the owner of record of any retail establishment of a citation under this section given to any owner or agent or employee of such owner for a violation alleged to have occurred at such retail establishment.

E.

Violation of this section shall be punishable by a civil penalty in accordance with chapter 14.60.

(AO No. 97-133(S), § 1, 11-11-97; AO 98-27(S-1), § 1, 3-3-98; AO No. 98-59(S), § 1, 5-19-98; AO No. 2003-73, § 3, 4-22-03; AO No. 2014-42, § 32, 6-21-14)