Fines and Penalties
Fines and penalties can be given to any retail employee who is caught selling tobacco products to anyone under the age of 21.
Pursuant to Senate Bill 263, Section 1, a clerk who sells cigarettes or other tobacco products to a minor will be personally liable for a civil penalty of $100.
- If the same clerk sells a second time within a 24-month period, the clerk will be liable for a civil penalty of $250.
- If the clerk sells again during the same 24-month period, the clerk will be liable for a $500 civil penalty for each subsequent sale.
The penalty will no longer be limited to the clerk who sold the tobacco product. The tobacco licensee, typically the business owner, will also face penalties. If any employee, or agent of a licensee, sells cigarettes or other tobacco products to a minor, the licensee will receive notification of the sale and a warning for the first two sales in a 24-month period. If a third sale to a minor occurs at the retail business within a 24-month period, the licensee will be liable for a civil penalty of $500. A fourth sale to a minor in the 24-month period will result in a civil penalty of $1,250 and any subsequent sales to minors within the 24-month period will each result in a civil penalty against the licensee of $2,500.