(a) A retailer who knowingly sells a ticket or share to a person under eighteen (18) years of age or permits a person under eighteen (18) years of age to play a lottery is guilty of a violation and subject to the following penalties:
(1) A fine not to exceed two hundred fifty dollars ($250) for a first violation;
(2) For a second violation within a forty-eight-month period:
(A) A fine not to exceed five hundred dollars ($500); and
(B) Suspension of the retailer license issued under § 23-115-601 et seq. for a period not to exceed two (2) days;
(3) For a third violation within a forty-eight-month period:
(A) A fine not to exceed one thousand dollars ($1,000); and
(B) Suspension of the retailer license issued under § 23-115-601 et seq. for a period not to exceed seven (7) days;
(4) For a fourth or subsequent violation within a forty-eight-month period:
(A) A fine not to exceed two thousand dollars ($2,000); and
(B) Suspension of the retailer license issued under § 23-115-601 et seq. for a period not to exceed fourteen (14) days; and
(5) For a fifth or subsequent violation within a forty-eight-month period, the retailer license issued under § 23-115-601 et seq. may be revoked.
(b) An employee of a retailer who violates this section is subject to a fine not to exceed one hundred dollars ($100) per violation.
(c) It is an affirmative defense to a prosecution under this section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale.
(d) A person convicted of violating any provision of this section whose retailer license is suspended or revoked upon conviction shall surrender to the court his or her retailer license, and the court shall transmit the retailer license to the Office of the Arkansas Lottery and instruct the office:
(1) To suspend or revoke the person's retailer license or to not renew the license; and
(2) Not to issue any new retailer license to that person for the period of time determined by the court in accordance with this section.