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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1682 By: Roe
AS INTRODUCED
An Act relating to tobacco and vapor products;
amending 63 O.S. 2021, Section 1 -229.13, as amended
by Section 34, Chapter 310, O.S.L. 2023 ( 63 O.S.
Supp. 2024, Section 1 -229.13), which relates to
Prevention of Youth Access to Tobacco Act; modifying
fines to include store manager when there is a sale
to a minor; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-229.13, as
amended by Section 34, Chapter 310, O.S.L. 2023 (63 O.S. Supp. 2024,
Section 1-229.13), is amended to read as follows:
Section 1-229.13. A. It is unlawful for any person to sell,
give or furnish in any manner any tobacco product, nicotine product
or vapor product to another person who is under twenty -one (21)
years of age, or to purchase in any manner a tobacco product,
nicotine product or vapor product on b ehalf of any such person. It
shall not be unlawful for an employee under twen ty-one (21) years of
age to handle tobacco products, nicotine products or vapor products
when required in the performance of the employee 's duties.
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B. A person engaged in the sa le or distribution of tobacco
products, nicotine products or vapor products shall demand proof of
age from a prospective purchaser or recipient if an ordinary person
would conclude on the basis of appearance that the prospective
purchaser may be under twen ty-one (21) years of age.
If an individual engaged in the sale or distribution of tobacco
products, nicotine products or vapor products has demanded proof of
age from a prospective purchaser or recipient who is not under
twenty-one (21) years of age, the f ailure to subsequently require
proof of age shall not constitute a violation of this subsection.
C. 1. When a person violates subsection A or B of this
section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission
shall impose an administrative fine of:
a. not more than One Hundred Dollars ($100.00) to the
employee and not more than Two Hundred Fifty Dollars
($250.00) to the store manager for the first offense,
b. not more than Two Hundred Dollars ($200.00) to the
employee and not more than Five Hund red Dollars
($500.00) to the store manager for the second offense
within a two-year period following the first offense,
c. not more than Three Hundred Dollars ($300.00) to the
employee and not more than One Thousand Dollars
($1,000.00) to the store manager for a third offense
within a two-year period following the first offense.
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In addition to any other penalty, the store 's license
to sell tobacco products or nicotine products or the
store's sales tax permit for a store that is
predominantly engaged in the sale of vapor products in
which the sale of other products is merely incidental
may be suspended for a period not exceeding thirty
(30) days, or
d. not more than Three Hundred Dollars ($300.00) to the
employee and not more than One Thousand Dollars
($1,000.00) to the store manager for a fourth or
subsequent offense within a two -year period following
the first offense. In addition to any other penalty,
the store's license to sell tobacco products or
nicotine products or the store 's sales tax permit for
a store that is predominantly engaged in the sale of
vapor products in which the sale of other products is
merely incidental may be suspended for a period not
exceeding sixty (60) days.
2. When it has been determined that a penalty shall include a
license or permit suspension, the ABLE Commission shall notify the
Oklahoma Tax Commissi on, and the Tax Commission shall suspend the
store's license to sell tobacco products or nicotine products or the
store's sales tax permit for a store that is predominantly engag ed
in the sale of vapor products in which the sale of other products is
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merely incidental at the location where the offense occurred for the
period of time prescribed by the ABLE Commission.
3. Proof that the defendant demanded, was shown, and reasonably
relied upon proof of age shall be a defense to any action brought
pursuant to this section. A person cited for violating this section
shall be deemed to have reasonably relied upon proof of age, and
such person shall not be found guilty of the violation i f such
person proves that:
a. the individual who purchased or received the tobacco
product, nicotine product or vapor product presented a
driver license or other government -issued photo
identification purporting to establish that such
individual was twenty -one (21) years of age or older,
or
b. the person cited for the violation conf irmed the
validity of the driver license or other government -
issued photo identification presented by such
individual by performing a transaction scan by means
of a transaction scan device.
Provided, that this defense shall not relieve from liability any
person cited for a violation of this section if the person failed to
exercise reasonable diligence to determine whether the physical
description and picture appearing on the drive r license or other
government-issued photo identification was that of the indi vidual
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who presented it. The availability of the defense described in this
subsection does not affect the availability of any other defense
under any other provision of law.
D. If the sale is made by an employee of the owner of a store
at which tobacco products, nicotine products , or vapor products are
sold at retail, the employee shall be guilty of the violation and
the employee and the store manager shall be subject to the fin e.
Each violation by any employee of an owner of a store licensed to
sell tobacco products or nicotine products or permitted to sell
vapor products shall be deemed a violation against the owner for
purposes of a license suspension pursuant to subsection C of this
section. Each violation by an employee of a store predominantly
engaged in the sale of vapor products in which the sale of other
products is merely incidental shall be deemed a violation against
the owner for purposes of a sales tax permit suspen sion pursuant to
the provisions of subsection C of this section. An owner of a store
licensed to sell tobacco products or nicotine products or permitted
to sell vapor products shall not be deemed in violation of the
provisions of the Prevention of Youth A ccess to Tobacco Act for any
acts constituting a violation by any person, when the violation
occurs prior to actual employment of the person by the storeowner or
the violation occurs at a location other than the owner 's retail
store. For purposes of deter mining the liability of a person
controlling franchises or business operations in multiple locations,
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for any violations of subsection A or B of this section, each
individual franchise or business location shall be deemed a separate
entity.
E. On or before December 15, 1997, the ABLE Commission shall
adopt rules establishing a method of notification of storeowners
when an employee of such storeowner has been determined to be in
violation of this section by the ABLE Commission or convicted of a
violation by a municipality.
F. 1. Upon failure of the employee to pay the administrativ e
fine within ninety (90) days of the day of the assessment of such
fine, the ABLE Commission shall notify Service Oklahoma, and Service
Oklahoma shall suspend or not issue a dri ver license to the employee
until proof of payment has been furnished to Service Oklahoma.
2. Upon failure of a storeowner to pay the administrative fine
within ninety (90) days of the assessment of the fine, the ABLE
Commission shall notify the Tax Commi ssion, and the Tax Commission
shall suspend the store 's license to sell tobacc o products or
nicotine products or the store 's sales tax permit for a store that
is predominantly engaged in the sale of vapor products in which the
sale of other products is mer ely incidental until proof of payment
has been furnished to the Oklahoma Tax Commission.
G. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provis ions of municipal
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ordinances shall be the same as provided for in this section , and
the penalty provisions under such ordinances shall not be more
stringent than those of this section.
H. County sheriffs may enforce the provisions of the Prevention
of Youth Access to Tobacco Act.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10923 TJ 12/17/24