Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 13B, 438.310, 1996 GA SB 137, EO
1996-619
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 438.300 to
438.350
requires a seller of tobacco products to obtain proof of the age of a
prospective buyer recipient of tobacco products if he has reason to believe the
prospective buyer or recipient is under eighteen (18) years old; requires the
establishment of the types of documentation accepted as proof of age,
notification of the employees of a seller of tobacco products of the
requirements of SB 137, administrative proceedings in the enforcement of SB
137, and the collection of statistics relating to the illegal sale to minors of
tobacco products and enforcement of SB 137.
Section
1. Definition. "Department" means the Department of Alcoholic
Beverage Control.
Section 2.
Administration. The department shall be the administrative agency for hearing
violations of
KRS
438.305 to
438.340.
Section 3. Enforcement.
(1) The department shall record and
investigate complaints relating to violations of
KRS
438.305 to
438.340.
(2) The department shall prepare an annual
survey from data obtained from the annual inspection directed by
KRS
438.330(1). The survey shall
be prepared to determine the existing level of tobacco sales to minors. A copy
of the report shall be submitted to the Office of Agriculture.
(3) The result of the annual survey may be
inspected, copied or obtained at the office of the Department of Agriculture,
Capital Plaza Tower, 7th Floor, 500 Mero Street, Frankfort, Kentucky 40601, 8
a.m. to 4:30 p.m., Monday through Friday, excepting state holidays.
Section 4. Procedures.
(1) A person found to be violation of
KRS
438.305 to
438.340
may be cited by the department. Any administrative citation shall conform to
the requirements of KRS Chapter 13B.
(2) A person receiving an administrative
citation pursuant to
KRS
438.305 to
438.340
may request an administrative hearing, to be conducted by the department, to
contest the allegation in the citation. The department may, in its discretion,
employ one (1) or more hearing officers to conduct the administrative hearings.
All administrative hearings shall be governed by KRS Chapter 13B.
(3) A fine levied pursuant to an
administrative citation shall be prepayable within thirty (30) days of issuance
of the citation. A person not wishing to contest the allegations in the
citation may resolve the charge by mailing a check or money order in the amount
set forth in the citation, payable to the Kentucky State Treasurer, to the
hearing agency name and address set forth in the citation.
(4) Disposition of juvenile records. The
department shall preserve the confidentiality of all juvenile records by
maintaining a separate filing system, under lock and key, with access limited
to the parties and their legal counsel. The department shall maintain
statistical summaries of case information, including date of buy, geographical
location of buy, name and address of retail seller, date of purchase, date of
birth and gender of underage buyer, and disposition of case. Statistical
summaries relating to underage buyers shall not identify the underage buyer by
name.
(5) Physical evidence seized
in the course of administrative violations of
KRS
438.305 to
438.340
shall be maintained by the department in a secured evidentiary storage
facility.
STATUTORY AUTHORITY:
KRS
438.340, EO
96-619
