Responsibilities, Compliance, and Fines:
The Tobacco Retail License must be displayed publicly in the retail space.
Before selling or Distributing any Tobacco Product, the Tobacco Retailer or the Tobacco Retailer’s agent or employee shall verify that the purchaser of the Tobacco Product is at least 21 years of age. Each Tobacco Retailer or Tobacco Retailer’s agent or employee shall examine the purchaser’s government-issued photographic identification, which may include a driver's license, state identification card, passport, or military identification.
No such verification shall be required for any Person who reasonably appears to be over 30 years of age. Lawrence-Douglas County Public Health (LDCPH) shall have right of entry to all tobacco retailers during normal business hours. A tobacco retailer shall be subject to at least two unannounced compliance checks per year. Unannounced follow-up compliance checks of all non-compliant tobacco retailers are required within three months of any violation of this Article. The results of all compliance checks shall be published at least annually and made available to the public upon request, in compliance with applicable open records laws.
LDCPH has the authority to suspend this license for 7 days following a second violation, 30 days for a third violation, and 3 years for a fourth violation, convicted within a span of 36 months. LDCPH will also enact a fine of not less than $500 following a first violation, $750 following a second violation, $1,000 following a third violation, and $1,000 for a fourth or subsequent violations, convicted within a span of 36 months.