Alaska Statutes
Alaska Stat. § 11.76.100 (2026)
Selling or giving tobacco to a minor
✓ current as of July 2026
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Sec. 11.76.100. Selling or giving tobacco to a minor.
(a) A person commits the offense of selling or giving tobacco to a minor if the person
(1) negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(2) is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(3) maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco; or
(4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product containing tobacco.
(b) Notwithstanding the provisions of (a) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located
(1) on premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220, or licensed as a package store under AS 04.09.230 and
(A) as far as practicable from the primary entrance; and
(B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or
(2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of tobacco by a person under 19 years of age is prohibited under AS 11.76.105.
(c) In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in which the machine is located.
(d) The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075, or who is an employee or agent of a person who holds a license endorsement under AS 43.70.075 to the Department of Commerce, Community, and Economic Development.
(e) The provisions of (a) of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is a prisoner at an adult correctional facility.
(f) A person who violates (a) of this section is guilty of a violation and upon conviction is punishable by a fine of not less than $300.
(a) A person commits the offense of selling or giving tobacco to a minor if the person
(1) negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(2) is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(3) maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco; or
(4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product containing tobacco.
(b) Notwithstanding the provisions of (a) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located
(1) on premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220, or licensed as a package store under AS 04.09.230 and
(A) as far as practicable from the primary entrance; and
(B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or
(2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of tobacco by a person under 19 years of age is prohibited under AS 11.76.105.
(c) In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in which the machine is located.
(d) The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075, or who is an employee or agent of a person who holds a license endorsement under AS 43.70.075 to the Department of Commerce, Community, and Economic Development.
(e) The provisions of (a) of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is a prisoner at an adult correctional facility.
(f) A person who violates (a) of this section is guilty of a violation and upon conviction is punishable by a fine of not less than $300.
Notes of Decisions
Cited in 2
cases, 2007–2012 · leading case: Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007).
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “075, which provides that if either the licensee or his employee "has been convicted of violating AS 11.76.100," the endorsement will be suspended and civil penalties will be imposed.”
Holiday Alaska, Inc. v. State, Div. of Corporations, Bus. & Prof'l Licensing, 280 P.3d 537 (Alaska 2012). “075(d) unequivocally require[d] the department to suspend an endorsement based on proof of an employee's conviction under AS 11.76.100; it does not require proof of the employee's actual guilt [ 12 ] Godfrey, the owner of a store licensed to sell tobaceo products, argued that…”
— Alaska Stat. § 11.76.100(1) — 1 case
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “075, which provides that if either the licensee or his employee "has been convicted of violating AS 11.76.100," the endorsement will be suspended and civil penalties will be imposed.”
— Alaska Stat. § 11.76.100(a) — 1 case
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “075, which provides that if either the licensee or his employee "has been convicted of violating AS 11.76.100," the endorsement will be suspended and civil penalties will be imposed.”
— Alaska Stat. § 11.76.100(a)(1) — 1 case
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “075, which provides that if either the licensee or his employee "has been convicted of violating AS 11.76.100," the endorsement will be suspended and civil penalties will be imposed.”
— Alaska Stat. § 11.76.100(f) — 2 cases
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “075, which provides that if either the licensee or his employee "has been convicted of violating AS 11.76.100," the endorsement will be suspended and civil penalties will be imposed.”
Holiday Alaska, Inc. v. State, Div. of Corporations, Bus. & Prof'l Licensing, 280 P.3d 537 (Alaska 2012). “075(d) unequivocally require[d] the department to suspend an endorsement based on proof of an employee's conviction under AS 11.76.100; it does not require proof of the employee's actual guilt [ 12 ] Godfrey, the owner of a store licensed to sell tobaceo products, argued that…”
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