{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-229.13","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-229.13","heading":"Furnishing of tobacco or vapor products to persons","body":"under 21 prohibited – Proof of age – Fines – Liability.\n\nA. It is unlawful for any person to sell, give or furnish in\n\nany manner any tobacco product, nicotine product or vapor product to\n\nanother person who is under twenty-one (21) years of age, or to\n\npurchase in any manner a tobacco product, nicotine product or vapor\n\nproduct on behalf of any such person. It shall not be unlawful for\n\nan employee under twenty-one (21) years of age to handle tobacco\n\nproducts, nicotine products or vapor products when required in the\n\nperformance of the employee’s duties.\n\nB. A person engaged in the sale or distribution of tobacco\n\nproducts, nicotine products or vapor products shall demand proof of\n\nage from a prospective purchaser or recipient if an ordinary person\n\nwould conclude on the basis of appearance that the prospective\n\npurchaser may be under twenty-one (21) years of age.\n\nIf an individual engaged in the sale or distribution of tobacco\n\nproducts, nicotine products or vapor products has demanded proof of\n\nage from a prospective purchaser or recipient who is not under\n\ntwenty-one (21) years of age, the failure to subsequently require\n\nproof of age shall not constitute a violation of this subsection.\n\nC. 1. When a person violates subsection A or B of this\n\nsection, the Alcoholic Beverage Laws Enforcement (ABLE) Commission\n\nshall impose an administrative fine of:\n\na. not more than One Hundred Dollars ($100.00) for the\n\nfirst offense,\n\nb. not more than Two Hundred Dollars ($200.00) for the\n\nsecond offense within a two-year period following the\n\nfirst offense,\n\nc. not more than Three Hundred Dollars ($300.00) for a\n\nthird offense within a two-year period following the\n\nfirst offense. In addition to any other penalty, the\n\nstore’s license to sell tobacco products or nicotine\n\nproducts or the store’s sales tax permit for a store\n\nthat is predominantly engaged in the sale of vapor\n\nproducts in which the sale of other products is merely\n\nincidental may be suspended for a period not exceeding\n\nthirty (30) days, or\n\nd. not more than Three Hundred Dollars ($300.00) for a\n\nfourth or subsequent offense within a two-year period\n\nfollowing the first offense. In addition to any other\n\npenalty, the store’s license to sell tobacco products\n\nor nicotine products or the store’s sales tax permit\n\nfor a store that is predominantly engaged in the sale\n\nof vapor products in which the sale of other products\n\nis merely incidental may be suspended for a period not\n\nexceeding sixty (60) days.\n\n2. When it has been determined that a penalty shall include a\n\nlicense or permit suspension, the ABLE Commission shall notify the\n\nOklahoma Tax Commission, and the Tax Commission shall suspend the\n\nstore’s license to sell tobacco products or nicotine products or the\n\nstore’s sales tax permit for a store that is predominantly engaged\n\nin the sale of vapor products in which the sale of other products is\n\nmerely incidental at the location where the offense occurred for the\n\nperiod of time prescribed by the ABLE Commission.\n\n3. Proof that the defendant demanded, was shown, and reasonably\n\nrelied upon proof of age shall be a defense to any action brought\n\npursuant to this section. A person cited for violating this section\n\nshall be deemed to have reasonably relied upon proof of age, and\n\nsuch person shall not be found guilty of the violation if such\n\nperson proves that:\n\na. the individual who purchased or received the tobacco\n\nproduct, nicotine product or vapor product presented a\n\ndriver license or other government-issued photo\n\nidentification purporting to establish that such\n\nindividual was twenty-one (21) years of age or older,\n\nor\n\nb. the person cited for the violation confirmed the\n\nvalidity of the driver license or other government-\n\nissued photo identification presented by such\n\nindividual by performing a transaction scan by means\n\nof a transaction scan device.\ned a\n\ndriver license or other government-issued photo\n\nidentification purporting to establish that such\n\nindividual was twenty-one (21) years of age or older,\n\nor\n\nb. the person cited for the violation confirmed the\n\nvalidity of the driver license or other government-\n\nissued photo identification presented by such\n\nindividual by performing a transaction scan by means\n\nof a transaction scan device.\n\nProvided, that this defense shall not relieve from liability any\n\nperson cited for a violation of this section if the person failed to\n\nexercise reasonable diligence to determine whether the physical\n\ndescription and picture appearing on the driver license or other\n\ngovernment-issued photo identification was that of the individual\n\nwho presented it. The availability of the defense described in this\n\nsubsection does not affect the availability of any other defense\n\nunder any other provision of law.\n\nD. If the sale is made by an employee of the owner of a store\n\nat which tobacco products, nicotine products or vapor products are\n\nsold at retail, the employee shall be guilty of the violation and\n\nshall be subject to the fine. Each violation by any employee of an\n\nowner of a store licensed to sell tobacco products or nicotine\n\nproducts or permitted to sell vapor products shall be deemed a\n\nviolation against the owner for purposes of a license suspension\n\npursuant to subsection C of this section. Each violation by an\n\nemployee of a store predominantly engaged in the sale of vapor\n\nproducts in which the sale of other products is merely incidental\n\nshall be deemed a violation against the owner for purposes of a\n\nsales tax permit suspension pursuant to the provisions of subsection\n\nC of this section. An owner of a store licensed to sell tobacco\n\nproducts or nicotine products or permitted to sell vapor products\n\nshall not be deemed in violation of the provisions of the Prevention\n\nof Youth Access to Tobacco Act for any acts constituting a violation\n\nby any person, when the violation occurs prior to actual employment\n\nof the person by the storeowner or the violation occurs at a\n\nlocation other than the owner’s retail store. For purposes of\n\ndetermining the liability of a person controlling franchises or\n\nbusiness operations in multiple locations, for any violations of\n\nsubsection A or B of this section, each individual franchise or\n\nbusiness location shall be deemed a separate entity.\n\nE. On or before December 15, 1997, the ABLE Commission shall\n\nadopt rules establishing a method of notification of storeowners\n\nwhen an employee of such storeowner has been determined to be in\n\nviolation of this section by the ABLE Commission or convicted of a\n\nviolation by a municipality.\n\nF. 1. Upon failure of the employee to pay the administrative\n\nfine within ninety (90) days of the day of the assessment of such\n\nfine, the ABLE Commission shall notify Service Oklahoma, and Service\n\nOklahoma shall suspend or not issue a driver license to the employee\n\nuntil proof of payment has been furnished to Service Oklahoma.\n\n2. Upon failure of a storeowner to pay the administrative fine\n\nwithin ninety (90) days of the assessment of the fine, the ABLE\n\nCommission shall notify the Tax Commission, and the Tax Commission\n\nshall suspend the store’s license to sell tobacco products or\n\nnicotine products or the store’s sales tax permit for a store that\n\nis predominantly engaged in the sale of vapor products in which the\n\nsale of other products is merely incidental until proof of payment\n\nhas been furnished to the Oklahoma Tax Commission.\n\nG. Cities and towns may enact and municipal police officers may\n\nenforce ordinances prohibiting and penalizing conduct under\n\nprovisions of this section, but the provisions of municipal\n\nordinances shall be the same as provided for in this section, and\n\nthe penalty provisions under such ordinances shall not be more\n\nstringent than those of this section.\nn furnished to the Oklahoma Tax Commission.\n\nG. Cities and towns may enact and municipal police officers may\n\nenforce ordinances prohibiting and penalizing conduct under\n\nprovisions of this section, but the provisions of municipal\n\nordinances shall be the same as provided for in this section, and\n\nthe penalty provisions under such ordinances shall not be more\n\nstringent than those of this section.\n\nH. County sheriffs may enforce the provisions of the Prevention\n\nof Youth Access to Tobacco Act.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9b899b2dc619b2b89d8d383c51c943f2b4cd0728363a6e79de0716a30e05a8c2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-229.12","next":"us-ok/okla.-stat.-tit.-63-63-1-229.15"},"notice":"GroundRules: Original legal text. Not legal advice."}