Okla. Stat. tit. 63, § 63-1-229.13

under 21 prohibited – Proof of age – Fines – Liability.

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 behalf of any such person. It shall not be unlawful for

an employee under twenty-one (21) years of age to handle tobacco

products, nicotine products or vapor products when required in the

performance of the employee’s duties.

B. A person engaged in the sale 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 twenty-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 failure 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) for the

first offense,

b. not more than Two Hundred Dollars ($200.00) for the

second offense within a two-year period following the

first offense,

c. not more than Three Hundred Dollars ($300.00) for a

third 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

thirty (30) days, or

d. not more than Three Hundred Dollars ($300.00) 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 134

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 Commission, 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 engaged

in the sale of vapor products in which the sale of other products is

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 if 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 confirmed 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.
ed 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 confirmed 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 driver license or other

government-issued photo identification was that of the individual

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

shall be subject to the fine. 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 135

sales tax permit suspension 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 Access 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

determining the liability of a person controlling franchises or

business operations in multiple locations, 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 administrative

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 driver 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 Commission, 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 engaged in the sale of vapor products in which the

sale of other products is merely 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 provisions of municipal

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.
n 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 provisions of municipal

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.