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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 936 By: Dossett
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6 AS INTRODUCED
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7 An Act relating to tobacco and vapor products;
7 amending 63 O.S. 2021, Section 1-229.13, as amended
8 by Section 34, Chapter 310, O.S.L. 2023 (63 O.S.
8 Supp. 2024, Section 1-229.13), which relates to
9 Prevention of Youth Access to Tobacco Act; modifying
9 fines to include store owner when there is a sale to
10 a minor; updating statutory language; and providing
10 an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-229.13, as
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15 amended by Section 34, Chapter 310, O.S.L. 2023 (63 O.S. Supp. 2024,
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16 Section 1-229.13), is amended to read as follows:
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17 Section 1-229.13. A. It is unlawful for any person to sell,
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18 give or furnish in any manner any tobacco product, nicotine product
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19 or vapor product to another person who is under twenty-one (21)
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20 years of age, or to purchase in any manner a tobacco product,
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21 nicotine product or vapor product on behalf of any such person. It
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22 shall not be unlawful for an employee under twenty-one (21) years of
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23 age to handle tobacco products, nicotine products or vapor products
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24 when required in the performance of the employee's duties.
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1 B. A person engaged in the sale or distribution of tobacco
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2 products, nicotine products or vapor products shall demand proof of
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3 age from a prospective purchaser or recipient if an ordinary person
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4 would conclude on the basis of appearance that the prospective
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5 purchaser may be under twenty-one (21) years of age.
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6 If an individual engaged in the sale or distribution of tobacco
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7 products, nicotine products or vapor products has demanded proof of
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8 age from a prospective purchaser or recipient who is not under
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9 twenty-one (21) years of age, the failure to subsequently require
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10 proof of age shall not constitute a violation of this subsection.
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11 C. 1. When a person violates subsection A or B of this
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12 section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission
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13 shall impose an administrative fine of:
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14 a. not more than One Hundred Dollars ($100.00) for the
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15 first offense,
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16 b. not more than Two Hundred Dollars ($200.00) for the
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17 second offense within a two-year period following the
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18 first offense,
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19 c. not more than Three Hundred Dollars ($300.00) to the
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20 employee and not more than One Thousand Dollars
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21 ($1,000.00) to the store owner for a third offense
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22 within a two-year period following the first offense.
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23 In addition to any other penalty, the store's license
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24 to sell tobacco products or nicotine products or the
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Req. No. 722 Page 2
1 store's sales tax permit for a store that is
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2 predominantly engaged in the sale of vapor products in
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3 which the sale of other products is merely incidental
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4 may be suspended for a period not exceeding thirty
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5 (30) days, or
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6 d. not more than Three Hundred Dollars ($300.00) to the
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7 employee and not more than One Thousand Five Hundred
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8 Dollars ($1,500.00) for a fourth or subsequent offense
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9 within a two-year period following the first offense.
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10 In addition to any other penalty, the store's license
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11 to sell tobacco products or nicotine products or the
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12 store's sales tax permit for a store that is
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13 predominantly engaged in the sale of vapor products in
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14 which the sale of other products is merely incidental
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15 may be suspended for a period not exceeding sixty (60)
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16 days.
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17 2. When it has been determined that a penalty shall include a
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18 license or permit suspension, the ABLE Commission shall notify the
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19 Oklahoma Tax Commission, and the Tax Commission shall suspend the
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20 store's license to sell tobacco products or nicotine products or the
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21 store's sales tax permit for a store that is predominantly engaged
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22 in the sale of vapor products in which the sale of other products is
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23 merely incidental at the location where the offense occurred for the
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24 period of time prescribed by the ABLE Commission.
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1 3. Proof that the defendant demanded, was shown, and reasonably
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2 relied upon proof of age shall be a defense to any action brought
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3 pursuant to this section. A person cited for violating this section
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4 shall be deemed to have reasonably relied upon proof of age, and
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5 such person shall not be found guilty of the violation if such
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6 person proves that:
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7 a. the individual who purchased or received the tobacco
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8 product, nicotine product or vapor product presented a
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9 driver license or other government-issued photo
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10 identification purporting to establish that such
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11 individual was twenty-one (21) years of age or older,
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12 or
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13 b. the person cited for the violation confirmed the
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14 validity of the driver license or other government-
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15 issued photo identification presented by such
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16 individual by performing a transaction scan by means
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17 of a transaction scan device.
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18 Provided, that this defense shall not relieve from liability any
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19 person cited for a violation of this section if the person failed to
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20 exercise reasonable diligence to determine whether the physical
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21 description and picture appearing on the driver license or other
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22 government-issued photo identification was that of the individual
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23 who presented it. The availability of the defense described in this
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1 subsection does not affect the availability of any other defense
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2 under any other provision of law.
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3 D. If the sale is made by an employee of the owner of a store
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4 at which tobacco products, nicotine products or vapor products are
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5 sold at retail, the employee shall be guilty of the violation and
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6 both the employee and the store owner shall be subject to the fine.
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7 Each violation by any employee of an owner of a store licensed to
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8 sell tobacco products or nicotine products or permitted to sell
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9 vapor products shall be deemed a violation against the owner for
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10 purposes of a license suspension pursuant to subsection C of this
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11 section. Each violation by an employee of a store predominantly
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12 engaged in the sale of vapor products in which the sale of other
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13 products is merely incidental shall be deemed a violation against
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14 the owner for purposes of a sales tax permit suspension pursuant to
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15 the provisions of subsection C of this section. An owner of a store
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16 licensed to sell tobacco products or nicotine products or permitted
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17 to sell vapor products shall not be deemed in violation of the
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18 provisions of the Prevention of Youth Access to Tobacco Act for any
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19 acts constituting a violation by any person, when the violation
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20 occurs prior to actual employment of the person by the storeowner
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21 store owner or the violation occurs at a location other than the
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22 owner's retail store. For purposes of determining the liability of
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23 a person controlling franchises or business operations in multiple
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24 locations, for any violations of subsection A or B of this section,
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Req. No. 722 Page 5
1 each individual franchise or business location shall be deemed a
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2 separate entity.
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3 E. On or before December 15, 1997, the ABLE Commission shall
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4 adopt rules establishing a method of notification of storeowners
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5 store owners when an employee of such storeowner store owner has
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6 been determined to be in violation of this section by the ABLE
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7 Commission or convicted of a violation by a municipality.
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8 F. 1. Upon failure of the employee to pay the administrative
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9 fine within ninety (90) days of the day of the assessment of such
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10 fine, the ABLE Commission shall notify Service Oklahoma, and Service
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11 Oklahoma shall suspend or not issue a driver license to the employee
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12 until proof of payment has been furnished to Service Oklahoma.
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13 2. Upon failure of a storeowner store owner to pay the
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14 administrative fine within ninety (90) days of the assessment of the
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15 fine, the ABLE Commission shall notify the Tax Commission, and the
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16 Tax Commission shall suspend the store's license to sell tobacco
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17 products or nicotine products or the store's sales tax permit for a
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18 store that is predominantly engaged in the sale of vapor products in
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19 which the sale of other products is merely incidental until proof of
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20 payment has been furnished to the Oklahoma Tax Commission.
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21 G. Cities and towns may enact and municipal police officers may
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22 enforce ordinances prohibiting and penalizing conduct under
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23 provisions of this section, but the provisions of municipal
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24 ordinances shall be the same as provided for in this section, and
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1 the penalty provisions under such ordinances shall not be more
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2 stringent than those of this section.
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3 H. County sheriffs may enforce the provisions of the Prevention
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4 of Youth Access to Tobacco Act.
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5 SECTION 2. This act shall become effective November 1, 2025.
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7 60-1-722 DC 1/19/2025 5:46:19 AM
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Req. No. 722 Page 7Every fact on this page links to its source, starting with the official bill record.