(a) Except as provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine unless the sale occurs in a manner that allows only the sales clerk to control access to the cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine.
(b) Subsection (a) does not apply if the sale
(1) is by vending machine as provided under AS 11.76.100(b) or 11.76.109(f);
(2) is a wholesale transaction, the person is licensed as a manufacturer or distributor under AS 43.50.010, and the sale occurs on premises where no retail transactions occur;
(3) is by a retailer who sells primarily cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine and who restricts access to the premises to only those individuals who are 19 years of age or older; or
(4) is of electronic smoking products over the Internet to a person 19 years of age or older.
(c) A person who violates this section is guilty of a violation and upon conviction is subject to a fine of not less than $300.
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