“Distribute” or “distribution” or “distributing”
means to furnish, give, provide, or to attempt to do so, whether gratuitously or for any type of compensation.
“Distributor”
means a person who distributes a tobacco product.
“Electronic smoking device”
means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. “Electronic smoking device” includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. “Electronic smoking device” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
“Licensed vendor/retailer”
means any person, corporation, or business entity that operates a store, stand, booth, concession, or other place at which sales of cigarette or other tobacco products are made to purchase for consumption or use.
“Person”
means any natural person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation, or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity.
“Recipient”
means any person who obtains or attempts to obtain a tobacco product.
“Tobacco product”
means any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(S.G.C. 9.22.010; Ord. 18-24 § 4, 2018)
A. 
The sale or distribution of any tobacco product to a person under the age of 21 is prohibited.
B. 
Before distributing any tobacco product, the distributor shall verify that the recipient is at least 21 years of age, through examination of the recipient’s government-issued photographic identification.
C. 
Nothing in this chapter prohibits an underage person from handling tobacco products in the course of lawful employment and in compliance with state of Alaska statutes and policies.
(S.G.C. 9.22.020; Ord. 18-24 § 4, 2018)
No person shall sell or distribute or permit the sale or distribution of tobacco products in the city and borough unless a clearly visible notice is posted at the location where tobacco products are available for purchase. The notice shall state “No person under the age of 21 may purchase tobacco products,” legibly printed in letters at least one-half inch high.
(S.G.C. 9.22.030; Ord. 18-24 § 4, 2018)
A. 
Any licensed vendor/retailer found to have violated the provisions of this chapter shall be charged with a minor offense. The maximum penalty for violation of the provisions of this chapter is $1,000.
In accordance with AS 29.25.070(a), citations for offenses in this chapter may be disposed of as provided in AS 12.25.175 through 12.25.230, without a court appearance, upon payment of the fine amounts stated herein plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the city and borough. The Alaska Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses referenced herein. Citations charging these offenses must meet the requirements of Rule 3 of the Alaska Rules of Minor Offense Procedure. For the first offense, the fine shall be $300.00. For the second offense, the fine shall be $600.00. For the third offense and any subsequent offenses, the fine shall be $1,000. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense stated herein. These fines may not be judicially reduced. For purposes of this section, prior offenses must be within the previous five years.
B. 
Each and every day during any portion of which a violation or failure to comply is committed, permitted, or continued shall be treated as a separate offense, and subject the offender to separate charges and a fine as provided in subsection A of this section.
(S.G.C. 9.22.040; Ord. 18-24 § 4, 2018)