Section 438.325 - Notice to employee of prohibitions - Penalty(1) Each owner of a retail establishment selling or distributing tobacco products, alternative nicotine products, or vapor products shall notify each individual employed in the retail establishment as a retail sales clerk that the sale of tobacco products, alternative nicotine products, or vapor products to any person under the age of twenty-one (21) years and the purchase of tobacco products, alternative nicotine products, or vapor products by any person under the age of twenty-one (21) years are prohibited.(2) Each owner of a retail establishment selling or distributing tobacco products, alternative nicotine products, or vapor products shall notify each individual employed in the retail establishment as a retail sales clerk that proof of age is required from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of twenty-one (21).(3) The notice to employees that is required in subsection (1) of this section shall be provided before the person commences work as a retail sales clerk, or, in the case of a person employed as a retail sales clerk on March 26, 2020, within thirty (30) days of that date. The employee shall signify receipt of the notice required by this section by signing a form that states as follows: "I understand that under the law of the Commonwealth of Kentucky it is illegal to sell or distribute tobacco products, alternative nicotine products, or vapor products to persons under the age of twenty-one (21) years and that it is illegal for persons under the age of twenty-one (21) years to purchase tobacco products, alternative nicotine products, or vapor products."
(4) The owner of the retail establishment shall maintain the signed notice that is required pursuant to subsection (3) of this section in a place and in a manner so as to be easily accessible to any employee of the Department of Alcoholic Beverage Control or the Department of Agriculture conducting an inspection of the retail establishment for the purpose of monitoring compliance in limiting the sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under the age of twenty-one (21) as provided in KRS 438.305 to 438.340.(5) Any owner of the retail establishment violating subsections (1) to (4) of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. The fine shall be administered by the Department of Alcoholic Beverage Control in a civil enforcement procedure.Amended by 2020 Ky. Acts ch. 35,§ 6, eff. 3/26/2020.Amended by 2014 Ky. Acts ch. 111,§ 6, eff. 4/10/2014.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 1931, effective7/15/2010. --Amended 2000, Ky. Acts ch. 423, sec. 8, effective 7/14/2000. -- Amended 1996, Ky. Acts ch. 38, sec. 7, effective 3/5/1996. -- Created 1994 Ky. Acts ch. 480, sec. 5, effective 7/15/1994.