TITLE 39

HEALTH AND SAFETY

CHAPTER 57

PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES

39-5706.  Vendor-assisted sales. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller.

(2)  It shall be unlawful to sell or distribute tobacco products or electronic smoking devices from vending machines or self-service displays.

(3)  Stores with tobacco products or electronic smoking devices comprising at least seventy-five percent (75%) of total merchandise are exempt from requiring vendor-assisted sales if minors are not allowed in the store and such prohibition is posted clearly on all entrance doors.

(4)  This section shall not apply to a permitted mobile cigar retailer or designated cigar garden provided that the mobile unit or designated cigar garden is strictly restricted to persons twenty-one (21) years of age or older and is under the continuous supervision of the permittee or the permittee’s employee.

History:

[39-5706, added 1998, ch. 418, sec. 2, p. 1319; am. 2012, ch. 39, sec. 4, p. 120; am. 2020, ch. 318, sec. 6, p. 909; am. 2025, ch. 64, sec. 6, p. 307; am. 2026, ch. 279, sec. 3, p. 1171.]