(1) No person shall sell or cause to be sold any tobacco product or alternative nicotine product at retail to any person unde r the age of twenty -one (21), or solicit any person under the age of twenty -one (21) to purchase any tobacco product or alternative nicotine product at retail. (2) Any person who sells tobacco products or alternative nicotine products at retail shall cause to be posted in a conspicuous place in his or her establishment a notice stating that it is illegal to sell tobacco products, alternative nicotine products, or vapor products to persons under age twenty-one (21). (3) Any person selling tobacco products, a lternative nicotine products, or vapor products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of twenty-one (21). (4) A person who violates subsection (1) or (2) of this section shall be subject to a: (a) One hundred dollar ($100) fine to the retail sales clerk for a first citation and a notice to the owner of a retail establishment which details the violation; (b) One hundred dollar ($100) fine t o the retail sales clerk and an additional five hundred dollar ($500) fine to the owner of a retail establishment for a second citation; (c) One hundred dollar ($100) fine to the retail sales clerk and an additional one thousand dollar ($1,000) fine to the owner of a retail establishment for a third citation; and (d) Revocation of the tobacco, nicotine, or vapor product license upon a fourth citation. Revocation for any fourth and subsequent citation within a two (2) year period shall result in the inabilit y to reapply for a license for two (2) years. (5) Each citation shall be specific to the premises of the retail establishment where the violation occurred. (6) The fine shall be imposed and collected by the department using a civil enforcement procedure. (7) A retailer shall be prohibited from renewing its license until all fines incurred under KRS 438.305 to 438.350 are paid.
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