1. A. It is unlawful for a person who is under eighteen (18) years of age to purchase, receive, or have in their possession a tobacco product, or to present or offer to any person any purported proof of age which is false or fraudulent for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for an employee under eighteen (18) years of age to handle tobacco products when required in the performance of the employee's duties.

2. B. When a person violates subsection A of this section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose an administrative fine of :

   1. 1. Not to exceed One Hundred Dollars ($100.00) for a first offense, and

   2. 2. Not to exceed Two Hundred Dollars ($200.00) for a second or subsequent offense within a one-year period following the first offense.

      Upon failure of the individual to pay the administrative fine within ninety (90) days of the day of the fine, the ABLE Commission shall notify the Department of Public Safety and the Department shall suspend or not issue a driver license to the individual until proof of payment has been furnished to the Department of Public Safety.

3. C. The ABLE Commission shall establish rules to provide for notification to a parent or guardian of any minor cited for a violation of this section.
4. D. 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 such ordinances shall be the same as provided for in this section, and the enforcement provisions under such ordinances shall not be more stringent than those of this section.

Laws 1994, SB 1130, c. 137, § 5, emerg. eff. July 1, 1994; Amended by Laws 1996, HB 2494, c. 144, § 3, eff. November 1, 1996; Amended by Laws 1997, SB 619, c. 171, § 2, eff. November 1, 1997 (superseded document available); Renumbered from 37 O.S. § 600.4 by Laws 2013, SB 679, c. 404, § 28, eff. November 1, 2013.