A. It is unlawful for a person who is under twenty-one (21) years of age to purchase, receive, or have in his or her possession a tobacco product, nicotine product or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product, nicotine product or vapor product. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products, nicotine products or vapor products when required in the performance of the employee's duties.
B. When a person violates subsection A of this section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose an administrative fine:
1. Not to exceed One Hundred Dollars ($100.00) for a first offense; and
2. Not to exceed Two Hundred Dollars ($200.00) for a second or subsequent offense within a one-year period following the first offense.
Upon failure of the individual to pay the administrative fine within ninety (90) days of the day of the fine, the ABLE Commission shall notify the Department of Public Safety, and the Department shall suspend or not issue a driver license to the individual until proof of payment has been furnished to the Department of Public Safety.
C. The ABLE Commission shall establish rules to provide for notification to a parent or guardian of any minor cited for a violation of this section.
D. Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under provisions of this section, but the provisions of such ordinances shall be the same as provided for in this section, and the enforcement provisions under such ordinances shall not be more stringent than those of this section.
E. For the purposes of this section, the term "vapor products" shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act.
Added by Laws 1994, c. 137, § 5, eff. July 1, 1994. Amended by Laws 1996, c. 144, § 3, eff. Nov. 1, 1996; Laws 1997, c. 171, § 2, eff. Nov. 1, 1997. Renumbered from § 600.4 of Title 37 by Laws 2013, c. 404, § 28, eff. Nov. 1, 2013. Amended by Laws 2014, c. 162, § 5, eff. Nov. 1, 2014; Laws 2020, c. 70, § 1, emerg. eff. May 19, 2020; Laws 2021, c. 554, § 1, emerg. eff. May 28, 2021.