Centerton Neighborhood Watch

Selling Cigarettes to Minors and Buying for Minors

Apr 23, 2008

This past week, while at work here in Centerton, we made a positive identification to a 20 year old female who has been purchasing cigarettes for minors in the area - some of the children being kids from my neighborhood. Due to this, this particular person has been banned from the store; however, this person and others can also go elsewhere to resume their activity.

What some might not be aware of are the laws pertaining to selling cigarettes to minors and/or buying cigarettes for minors.

The following is Arkansas Law: ACA 5-27-227:

1. It shall be unlawful for any person to give, barter, or sell to a minor under eighteen (18) years of age:
1. Tobacco in any form; or
2. Cigarette papers.
2. It shall be unlawful for any person under eighteen (18) years of age:
1. To use or possess, unless acting as an agent of the minor's employer within the scope of employment:
1. Tobacco in any form; or
2. Cigarette papers;

This allows underage clerks to possess tobacco within the scope of employment. Some companies have policy that their underage clerks do not sell tobacco, but that is strictly company policy ?– not law. It seems to be a problem in Arkansas as well.

ARKANSAS LAW PROHIBITS POSSESSION OF ALL TOBACCO PRODUCTS BY MINORS. THAT MEANS THAT NO ONE MAY SELL OR GIVE TOBACCO PRODUCTS TO MINORS. THIS LAW APPLIES TO EVERYONE, INCLUDING PARENTS AND GUARDIANS.

Parents and guardians or friends who purchase tobacco for a minor and are caught are subject to fines and penalties as well.

Arkansas law prohibits the sale of cigarettes or tobacco products to anyone less than 18 years of age. In addition, the law prohibits sales clerks from knowingly selling tobacco products to persons 18 and over when the products will be given to person(s) under 18.

Retail store owners who violate the law shall be subject to the following penalties:

First violation: A fine of up to $250.

Second violation within 48 months: A fine of up to $500 and up to 2-day suspension of tobacco license.

Third violation within 48 months: A fine of up to $1,000 and up to a 7-day suspension of tobacco license.

Four or more violations within 48 months: A fine of up to $2,000 and up to a 14-day suspension of tobacco license.

Fifth violation within 48 months: Possible revocation of tobacco license.

In addition, the above penalties against the permit holder, a sales clerk selling cigarettes or tobacco products to a minor will be subject to criminal penalties and shall be subject to a fine of up to $100 per violation plus court costs.

A sign depicting a pack of cigarettes defaced by a red diagonal diameter of a surrounding red circle and the words It is a violation of the law for cigarettes or other tobacco products to be sold to or purchased by a person under he age of 18 must be prominently posted at each cash register. ?“We Card?” signs DO NOT satisfy this legal requirement.

A new toll-free Enforcement Hotline has been established to make it easier to report illegal sales to minors. The toll-free number is 1-877-ID TEENS.