(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; or
(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; and
(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.
Structure Alaska Statutes
Chapter 76. Miscellaneous Offenses
Sec. 11.76.100. Selling or giving tobacco to a minor.
Sec. 11.76.107. Failure to supervise vending machine.
Sec. 11.76.109. Selling or giving product containing nicotine to a minor.
Sec. 11.76.110. Interference with constitutional rights.
Sec. 11.76.113. Misconduct involving confidential information in the first degree.
Sec. 11.76.115. Misconduct involving confidential information in the second degree.
Sec. 11.76.120. Opening or publishing contents of sealed letters.
Sec. 11.76.130. Interference with rights of physically or mentally challenged person.
Sec. 11.76.133. Interference with the training of a service animal.
Sec. 11.76.140. Avoidance of ignition interlock device.
Sec. 11.76.150. Sale of products containing dextromethorphan.