§ 22-204. Selling, giving or furnishing cigarettes or tobacco products to a minor or selling cigarettes or tobacco products to any person under 21 years of age.

(a)

It shall be unlawful for any person to:

(1)

Sell, furnish or distribute to any person under the age of 18 years any cigarettes, electronic cigarettes, or tobacco products; or

(2)

Buy any cigarettes, electronic cigarettes, or tobacco products for any person under 18 years of age; or

(3)

Sell to any person under the age of 21 years any cigarettes, electronic cigarettes, or tobacco products.

(b)

It shall be a defense to a prosecution under subsection (a) of this section if:

(1)

The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples;

(2)

The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person under 18 years of age or sold the cigarettes, electronic cigarettes or tobacco products to the person under 21 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes or tobacco products; and

(3)

To purchase or receive the cigarettes, electronic cigarettes, or tobacco products, the person under 18 years of age exhibited to the defendant a driver's license, Kansas non driver's identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, or tobacco products; and

(4)

To purchase the cigarettes, electronic cigarettes, or tobacco products, the person under 21 years of age exhibited to the defendant a driver's license, Kansas non driver's identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, or tobacco products.

(c)

It shall be a defense to a prosecution under subsection (a) of this section if:

(1)

The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, or tobacco products by mail; and

(2)

The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601, that the person was 18 or more years of age or the defendant sold the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601, that the person was 21 or more years of age.

(d)

For purposes of this section, the person who violates this section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, or tobacco products to any person under 18 years of age or the individual directly selling the cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.

(e)

Electronic cigarette or e-cigarette means a device that delivers nicotine or other substances to the person inhaling from the device, including but not limited to any electronic cigarette, cigar, pipe, or hookah, including any component, part, or accessory of such a device, whether or not sold separately. E-cigarette shall not include any products that have been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(f)

It is unlawful for any person who is a retail dealer to fail to post and maintain in a conspicuous place in the dealer's establishment the following notice: "BY LAW, CIGARETTES AND TOBACCO PRODUCTS MAY BE SOLD ONLY TO PERSONS 21 YEARS OF AGE AND OLDER."

(g)

Violation of this section is a class B violation punishable by a minimum fine of $200.00.

(Code 1964, § 23-34; Code 1988, § 22-150; Ord. No. 65498, § 54, 1-4-1990; Ord. No. O-36-13, § 8, 6-6-2013; Ord. No. O-48-15 , § 2, 8-13-2015; Ord. No. O-65-15 , § 1, 11-19-2015)

State law reference

Similar provisions, K.S.A. 79-3322.