The Authority strongly encourages licensees to ask for proof of age. Requiring customers to produce valid photo identification, together with verifying that the person providing you with the identification is the same person shown on the identification, will help you avoid violations. The following forms of identification may be accepted:
Acceptable Forms Of Id To Buy Tobacco
This law was enacted to help stop the sale of tobacco products, herbal cigarettes, electronic cigarettes, liquid nicotine, and rolling papers and other smoking paraphernalia to anyone under twenty-one (21) years of age. Tobacco products include cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, shisha, and any other tobacco product. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco. Electronic cigarettes are electronic devices that deliver vapor which is inhaled, and include any refill, cartridge and any other component of such device. Liquid nicotine, also known as electronic or e-liquid, is a liquid composed of nicotine and other chemicals. Vapor products include noncombustible liquids or gels for use in a vaping devise, regardless of the presence of nicotine.
The local designated enforcement officer works for the state or county Department of Health or New York City Department of Consumer Affairs. The enforcement officers routinely visit businesses that sell tobacco products to determine if they are in compliance with the law. The visits may include one or more of the following:
Violations regarding the sale of tobacco products, herbal cigarettes or vapor products in pharmacies and stores containing pharmacies are enforced by State Health Commissioner, in accordance with a different enforcement process than that described in this informational guide.
Whenever a violation is sustained against you for a sale of tobacco or other age-restricted product to an individual under 21 years of age, besides imposing the payments of a fine and a surcharge, you will be assigned two points, unless you demonstrate that at the time of the sale, the seller possessed a valid certificate from a State certified tobacco sales training program2. In that case, only one point will be assigned.
If you are assigned three or more points, your registration to sell tobacco products and herbal cigarettes and/or vapor products and, if you are a lottery agent, your lottery license, will be suspended for one year. When the suspension ends, three points will be removed from your record. Any remaining points will count as the basis toward another suspension.
If you have been found guilty of ANY four violations of this law within a three-year period, the enforcement officer will direct the one-year revocation of your registration to sell tobacco products and herbal cigarettes and/or vapor products, and of your lottery license, if you have one. This will occur in addition to imposing a fine and a surcharge, and even if points were assigned for any sale to an individual under 21 years of age.
Some local governments have enacted local laws regulating the sale of tobacco products, vapor products, herbal cigarettes, electronic cigarettes, and other restricted products. In these cases, the stricter law (state or local) must be followed.
Tobacco retailers must notify their employees about tobacco laws and obtain their signatures on Form 69-117, Cigarette, E-Cigarette and Tobacco Products Retail Employee Notification (PDF) as records of the notification.
It is illegal to sell tobacco products to minors (persons younger than 21). Federal rules require anyone 30 years old or younger to present valid identification before buying tobacco products. Warning signs must be posted at each retailer's location.
In 2019, the 86th Legislature passed Senate Bill 21, increasing the legal age from 18 to 21 for the sale, distribution, possession, purchase, consumption or receipt of cigarettes, e-cigarettes or tobacco products. The bill provides an exemption for any individual aged 18 and above with a valid active military identification card from the U.S. or state military forces. Individuals aged 18 and above on the effective date of the bill (Sept. 1, 2019) are exempt from the new age requirement.
If your store gets caught selling tobacco to minors twice within 2 years, a conviction on a 3rd illegal sale can result in a Restricted Sale of Premises Order. A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco to any person.
Although the law only requires the warning notices in respect of sales of tobacco and fireworks to be displayed, retailers should make good use of all space available for other information posters and warning notices. These notices should jog the memory of staff as well as acting as a deterrent for underage customers.
Retailers selling products, such as, alcohol, tobacco and fireworks are on the front line in preventing the underage sales of these products and need to think carefully about how to lay out their store. They should keep as many of the age restricted goods as possible behind the counter. Tobacco products must be stored out of sight. That way, customers will need to ask for them, giving your staff an added opportunity to assess their age. If all of your age-restricted goods do not fit behind the counter, keep them in direct sight of your staff and not hidden away at the back of the store. The courts have said that if you set out your store in a disorganised and careless manner, it may prevent you from defending any prosecution brought by Trading Standards for underage sales.
No. An adult who supplies tobacco products to a child may be prosecuted. You should not sell tobacco products or smoking implements to any person who you believe will supply that tobacco product or smoking implement to a person under the age of 18 years.
Yes. You should ask for proof of identification from anyone asking for tobacco products or smoking implements that appears to be under the age of 25 years or whom you believe is not of legal age to purchase tobacco products or smoking implements.
You must not sell tobacco products or smoking implements to any customer who cannot produce photographic identification when requested, or if the identification does not include their date of birth, or if the identification appears to have been tampered with or looks fake or looks like it has been forged.
Licence holders and their adult employees may sell tobacco products, however it is important to note that a tobacco retailer must not authorise or allow employees under the age of 18 years to sell tobacco products.
It is also prohibited for tobacco products to be included in shopper loyalty reward schemes. The only exception is rewards points received when using a credit card as a method of payment, such as bank reward programs and frequent flyer points.
For the purchase of alcohol and tobacco at Walt Disney World, you must show the accepted forms of ID. You must show your passport AND a government-issued photo ID which can verify the name and birth date shown on the copy of the passport.
For example, to be sold either of these items you must show your passport with a driving license or a passport with a photo ID card. Neither of these forms of ID are acceptable on their own as valid identification.
Louisiana law prohibits convicted felons from working in a bar (Class A-General) or a Class C package store in any capacity. Louisiana law also prohibits convicted felons from managing or having any managerial duties at any Class of alcoholic beverage outlet. ATC maintains a list of persons who have been found guilty of serving alcoholic beverage or tobacco products to underage persons under the legal age on our website.
A compliance check is where ATC utilizes undercover operatives to determine if you or your business sells or serves alcoholic beverages or tobacco products to persons under the applicable legal age (21 years for alcohol and 18 years for tobacco). ATC operatives are prohibited from using fake identification or deceptive tactics.
Every person or business who sells or offers for sale at retail cigars, cigarettes, other tobacco products, alternative nicotine products or vapor products within this State. Every person or business who sells or offers for sale at wholesale, cigars, cigarettes or other tobacco products into or within this State.
The tobacco minimum price is calculated beginning with the price from the manufacturer to the wholesaler, to the retailer and finally to the consumer. This calculation includes the cost of doing business on both the wholesale and retail side, the state excise tax (SET), a set markup percentage and considers any rebate or discount from the manufacturer. The calculation is provided on the ATC website:
ATC takes selling tobacco products to persons under the age of 18 years extremely seriously and maximum penalties may be assessed in addition to criminal charges. Maximum penalties include revocation or suspension of your tobacco or server permit and fines up to $500.00 for a first offense, up to $1,000 for a second offense, and up to $2,500 for a third offense.
Any employee of an alcoholic beverage or tobacco dealer who is authorized to sell or serve alcoholic beverages or tobacco products or who deals with customers who purchase or consume alcoholic beverages or tobacco products must obtain a responsible vendor permit within 45 days of employment.
The business would receive a citation. However, whether a business is in compliance with the responsible vendor program and/or has taken other methods to prevent the sale of alcoholic beverages and tobacco products to person under the legal age, may be taken into consideration when assessing penalties to permit holders.
The following is a non-exhaustive list of documents acceptable as proof of identity. Per Trans 102.15(4)(a), any original and authentic document identifying the person by name and bearing the person's signature, a reproduction of the person's signature, or a photograph of the person is acceptable.
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