9.06.070 Selling, Giving or Furnishing Cigarettes, Electronic Cigarettes, Liquid Nicotine, or Tobacco Products to a Minor.
A. It shall be unlawful for any person, directly or indirectly, to:
1. Sell, give or furnish any cigarettes, electronic cigarettes, liquid nicotine or tobacco products to any person under twenty-one (21) years of age; or
2. Buy any cigarettes, electronic cigarettes, liquid nicotine or tobacco products for any person under twenty-one (21) years of age.
B. It shall be a defense to a prosecution under this subsection if:
1. The defendant is a licensed retail dealer or employee thereof, or a person authorized by law to distribute samples; and
2. The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, liquid nicotine or tobacco products to the person under twenty-one (21) years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes, liquid nicotine or tobacco products; and
3. To purchase or receive the cigarettes, electronic cigarettes, liquid nicotine or tobacco products, the person under twenty-one (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, liquid nicotine or tobacco products.
C. It shall be a defense to a prosecution under this subsection if:
1. The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, liquid nicotine or tobacco products by mail; and
2. The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, liquid nicotine 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, and amendments thereto, that the person was twenty-one (21) or more years of age. (K.S.A. 79-3322, as amended).
D. For the purposes of this Section, the terms are defined in K.S.A. 79-3301, and amendments thereto, except liquid nicotine which is the active ingredient of the tobacco plant (nicotine) in liquefied form suitable for the induction of nicotine, whether by nasal spray, ingestion, smoking or other means, into the human body.
E. For purposes of this Section, the person who violates this Section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, liquid nicotine or tobacco products to any person under twenty-one (21) years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.
F. Violations of this Section shall constitute a Class B public offense punishable by a minimum fine of Two Hundred Dollars ($200.00). The court shall order the offender to complete a training program, approved by the Secretary of Revenue or the Secretary’s designee, in avoiding sale, furnishing or distribution of cigarettes, electronic cigarettes, liquid nicotine and tobacco products to persons less than twenty-one (21) years of age. (Ord. 16-09 § 2, 2016; Ord. 14-63 § 5, 2014; Ord. 12-38 § 5, 2012; Ord. 03-90 § 4, 2003; Ord. 99-24 § 12, 1999; Ord. 96-82 § 2, 1996.)