Section 114 – Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.

• (1) As used in this section:
  • (a) “Compensatory service” means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment.
  • (b) “Employee” means an employee or an owner of a tobacco retailer.

• (2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco product, an electronic cigarette product, or a nicotine product in the course of business to an individual who is under 21 years old.

• (3) An employee who violates this section is:
  • (a) on a first violation:
    • (i) guilty of an infraction; and
    • (ii) subject to:
      • (A) a fine not exceeding $1,000; or
      • (B) compensatory service;
  • (b) on any subsequent violation:
    • (i) guilty of a class C misdemeanor; and
    • (ii) subject to:
      • (A) a fine not exceeding $2,000; or
      • (B) compensatory service.

Amended by Chapter 12, 2021 Special Session 1