Alaska

Smokefree Air

Public Places
Smoking is prohibited in elevators. Smoking is restricted to designated areas in public transportation
vehicles and waiting areas, courtrooms or jury rooms, correctional facilities, grocery and retail food stores, and the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Government Buildings
Smoking is prohibited in rooms controlled by the state or a political subdivision of the state when a public meeting or assembly is in progress.
Smoking is restricted to designated areas in buildings and other structures owned, leased, or operated by the state or a political subdivision of the state, including places of employment, offices, libraries, museums, theaters, concert halls, convention halls, gymnasiums, swimming pools, and other places of entertainment or recreation.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Private Workplaces
Smoking is restricted to designated areas in places of employment. The employer shall post signs in areas prohibiting smoking.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Schools
Smoking in any form is prohibited in a public or private elementary or secondary school or a preschool. This prohibition does not apply to a designated smoking area in public or private elementary schools created by a collective bargaining
agreement for employees made prior to August 14, 1990. These designated areas must be properly ventilated or equipped with an exhaust fan and located in a room where minors are not permitted. Smoking is restricted to designated areas in a public or private postsecondary educational institution.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Child Care Facilities
Smoking is prohibited in children’s day care facilities,
including private residences during the time they are being used for day care services. Smoking is restricted to designated areas in public or private
adult day care facilities.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Health Care Facilities
Smoking is prohibited in public and private hospitals
and in offices where health or dental care is practiced. Smoking is restricted to designated areas in nursing homes, rest homes, or other residential health care institutions or facilities, and public or private mental health facilities.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Restaurants
Smoking is restricted to designated areas in food service establishments with a seating capacity of at least 50 persons.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Bars
None
Penalties/Enforcement
The person in charge of the indoor place or vehicle must display smoking and no smoking signs. Failure to post signs is punishable by a civil fine of $20 to $300 for each day the violation
occurs. A person who smokes in a prohibited
area is subject to a civil fine between $10 and $50. The commissioner of Environmental Conservation or the commissioner’s designee is responsible for enforcement, and shall develop and maintain a procedure for processing reports of violations.
ALASKA STAT. §§ 18.35.300 et seq. (2004).
Preemption
No specific provision concerning preemption in state law; local communities are allowed to pass stronger smokefree ordinances.

Tobacco Excise Taxes

Cigarettes
Tax rate per pack of 20: $2.00
Date last changed: July 1, 2007 – from $1.80 to $2.00
Year first enacted: 1949
ALASKA STAT. §§ 43.50.90 & 43.50.190 (2005).
The cigarette tax increased by $0.20 to $2.00 per pack on July 1, 2007 as scheduled by legislation passed in 2004.
S.B. 1001 (2004 special session) enacted 7/24/04.
Seventy-six cents of the cigarette tax goes into a state fund entitled the “School Fund”, which is used to rehabilitate, construct, and repair the state’s school facilities.
ALASKA STAT. § 43.50.140 (2005).
The remainder of the cigarette tax goes into the general fund. A portion of the proceeds (8.9 percent) shall be deposited into the Tobacco Use Education and Cessation Fund, which funds the state’s tobacco control and prevention program.
ALASKA STAT. § 43.50.190 (2005).
There is levied, in addition to the cigarette tax, a nonparticipating equity excise tax of 25 cents per pack on cigarettes sold in this state by nonparticipating
manufacturers. A nonparticipating manufacturer
is a tobacco product manufacturer that has not signed the 1998 Master Settlement Agreement. Proceeds from this tax go to the general fund.
ALASKA STAT. § 43.50.200 (2005).
Revenue Collected
Revenue collected from the cigarette tax in FY2006 (July 1, 2005 to June 30, 2006): $57,535,000
Other Tobacco Products
All other tobacco products: 75% of the wholesale price
ALASKA STAT. § 43.50.300 (1997).
All proceeds from the tax on other tobacco products
go to the general fund, and may be used by the legislature to make appropriations for health care, health research, health promotion, and health education programs.
ALASKA STAT. § 43.50.350 (1997).

Youth Access

Age Restrictions on Sales of
Tobacco Products

Minimum age for sales of tobacco products: 19
Compliance/Enforcement
The Department of Health and Social Services is charged with administering the state tobacco control program, which is required to include a tobacco enforcement component among other requirements.
ALASKA STAT. § 44.29.020(a)(14)(E) (2000).
Penalties for Sales to Minors
A person commits the offense of selling or giving tobacco to a minor if the person negligently sells, exchanges, or gives a cigarette brand, cigar or tobacco product to persons under 19 or holds a business license endorsement and allows a person less than 19 years of age to sell a cigarette, cigar or tobacco product. Persons who do not hold a business license endorsement are guilty of a violation and upon conviction may be fined not less than $300. For business license endorsement holders, the business license endorsement shall be suspended for 20 days and a civil penalty of $300 shall be levied
for a first offense, a suspension of 45 days and a civil penalty of $500 shall be levied for the second offense within 24 months, a suspension of 90 days and a civil penalty of $1,000 shall be levied for a third offense within 24 months, and a suspension of one year and a civil penalty of $2,500 shall be levied for an additional conviction within 24 months. The license suspension can be reduced or increased by a set number of days for the first and second violation
based on specified factors, and as determined by the Department of Health and Social Services. See full statute for further details. A suspension or revocation applies only to the retail outlet in the location in which the violation occurs.
ALASKA STAT. §§ 11.76.100(a) & 43.70.075 (2007).

Sign Posting
A person who holds a business license endorsement
shall post on the licensed premises a warning sign that must be at least 6 inches by 18 inches and must read, in lettering at least 1.25 inches high, “THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 19 IS ILLEGAL.” The sign shall be displayed in a manner conspicuous to a person purchasing or consuming tobacco products
on the licensed premises. The department shall, without charge, furnish warning signs to a person who holds an endorsement issued under this section or a person who requests the sign with the intention of displaying it.
ALASKA STAT. § 43.70.075(f) (2001).
Penalties to Minors
It is unlawful for minors to knowingly possess tobacco products, and a person who violates this law is guilty of a violation.
ALASKA STAT. § 11.76.105 (1995).
Placement of Tobacco Products
A person may not sell cigarettes, cigars, tobacco, or a product containing tobacco unless the sale occurs in a manner that allows only the sales clerk to control access to the cigarettes, cigars, tobacco, or product containing tobacco unless the sale is by vending machine, a wholesale transaction, or is by a retailer who sells primarily cigarettes, cigars, tobacco, or a product containing tobacco and who restricts access to the premises to only those individuals
who are 19 years of age or older. A person who violates this section is guilty of a violation and upon conviction is subject to a fine of not less than $300. Business license endorsement holders are subject to the same penalties and license suspensions
as selling tobacco products to minors.
ALASKA STAT. §§ 11.76.106 (1995) & 43.70.075 (2007).
Internet Sales
A person who is not licensed under this chapter may not ship or cause to be shipped cigarettes to a person in this state unless the person receiving the cigarettes is: licensed under this chapter; an operator of a customs bonded warehouse; or an instrumentality of the federal government or an Indian tribal organization authorized by law to possess cigarettes not taxed under this chapter. A person who is licensed under this chapter may not ship or cause to be shipped cigarettes to a person in this state unless the person receiving the cigarettes is: licensed under this chapter; holds a tobacco endorsement under AS 43.70.075; is an operator of a customs bonded warehouse; is an instrumentality of the federal government or an Indian tribal organization
authorized by law to possess cigarettes not taxed under this chapter; or is an individual 19 years of age or older receiving the cigarettes for personal consumption and the tax imposed on the cigarettes has been paid. A common or contract carrier may not knowingly transport cigarettes to a person in this state unless the person shipping the cigarettes is licensed under this chapter and before shipment provides the common or contract carrier with a copy of the person’s current license issued by the department and an affidavit certifying that the person
receiving the cigarettes is a person specified or licensed under this chapter; or the person receiving the cigarettes is a person specified or licensed under this chapter and before receipt, provides the common
or contract carrier with a copy of the person’s current license issued by the department. If the cigarettes are transported by a common or contract carrier to a home or residence, it is rebuttably presumed
that the common or contract carrier knew that the person receiving the cigarettes was not a person specified or licensed under this section. A person who violates the provisions of this section is guilty of a class A misdemeanor if the person unlawfully
ships, causes to be shipped, or transports at least one but fewer than 5,000 cigarettes; and a class C felony if the person unlawfully ships, causes to be shipped, or transports 5,000 or more cigarettes. In addition to the criminal penalty, the Department of Revenue and Taxation may assess a civil fine of not more than $5,000 for each violation.
ALASKA STAT. § 43.50.105 (2004).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples
Persons who negligently give a cigarette, cigar, or tobacco product to persons under 19 are guilty of a violation and upon conviction are subject to the same penalties listed under the “Penalties for Sales to Minors” section, including the possible license suspension for business license endorsement
holders.
ALASKA STAT. §§ 11.76.100 (2001) & 43.70.075 (2007).
Single Cigarettes
A business license endorsement holder may not sell cigarettes to another person unless the cigarettes are sold in groups of at least 20 and the cigarettes
are in the manufacturer’s original cigarette pack or contained in a cigarette carton or box; or differs in any respect from the requirements of the Federal Cigarette Labeling and Advertising Act for the placement of warnings or of any other information upon a package of cigarettes that is sold within the United States. Violation is a Class B misdemeanor. In addition, the business license endorsement may be suspended for 45 days for a first violation or 90 days for a second violation within 24 months.
ALASKA STAT. § 43.70.075(g-k) (2000).

Restrictions on the Sale of Tobacco Products in Vending Machines
Placement
A vending machine may be maintained only if it is on premises licensed as beverage dispensaries, clubs, or package stores, is as far as possible from the primary entrance and is directly and continually
supervised by an employee of the premises when accessible to the public. Vending machines may also be located in an employee break room or other controlled area of a private workplace that is not generally considered a public place and the room or area must contain 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.
ALASKA STAT. § 11.76.100(b) (1998).
Penalty
Failure to supervise a tobacco product vending machine is, upon conviction, punishable by a fine of not less than $300. Business license endorsement holders are subject to the same penalties and license suspensions as selling tobacco products to minors.
ALASKA STAT. §§ 11.76.106 (1995) & 43.70.075 (2007).
Sign Posting
A vending machine located in an employee break room or other controlled area of a private work place that is not generally considered a public place must contain a posted warning sign at least 12 inches by 14 inches indicating that possession of tobacco by a person under 19 years of age is prohibited by law.
ALASKA STAT. §§ 11.76.100 et seq. (1998).

Licensing Requirements

Requirements
A separate license is required to sell, purchase, possess, or acquire cigarettes as a manufacturer, distributor, direct-buying retailer, vending machine
operator or buyer. If a person operates more than one place of business, the person must obtain a separate license for each place of business,
except that a person operating one or more cigarette vending machines is considered to have only one place of business. Licenses are effective until June 30 of the year after the date of issuance, and may be renewed. Additionally, each business is required to get a business license which covers all places of business in the state. However, retailers
of cigarettes and other products containing tobacco must have a business license endorsement for each place of business before they can sell tobacco products at retail.
AK STAT. § 43.50.010 & 43.70.075 (2007).

Fee

Manufacturers: $50 per year; Distributors and Wholesaler-Distributors: $50 per year; Vending Machine Operators: $50 per year; Direct-Buying Retailers: $50 per year; Buyers: $25 per year; Business License Endorsement for Retailers and Vending Machine Operators: $100 per year.
ALASKA STAT. §§ 43.50.030 (2005) & 43.70.075 (2001).
License Suspension for Sales to Minors
A business license endorsement for retailers/vending machine operators shall be suspended for a violation of selling tobacco products to a minor for 20 days for a first offense, 45 days for a second offense within 24 months, 90 days for a third offense within 24 months, and one year for subsequent violations within 24 months. The license suspension can be reduced or increased by a set number of days for the first and second violation
based on specified factors, and as determined by the Department of Health and Social Services. A suspension or revocation applies only to the retail outlet in the location in which the violation occurs.
AK STAT. § 43.70.075 (2007).

Tobacco Control Program Funding/Tobacco Settlement

Tobacco Control Program Funding
Appropriated $7,482,200 for tobacco control and prevention programs from the Tobacco Use Education and Cessation Fund in the state general fund.
FY2008 Annual Budget (H.B. 95) enacted 6/29/07 and effective 7/1/07.
The Tobacco Use Education and Cessation Fund is created as a special account in the general fund into which 20 percent annually of the revenue from the Master Settlement Agreement shall be deposited. The legislature may make appropriations
from the Tobacco Use Prevention and Cessation Fund for the comprehensive smoking education, tobacco use prevention and tobacco control program.
ALASKA STAT. § 37.05.580 (2001).
Non-Monetary Provisions
Directed the Department of Health to administer a comprehensive smoking education, tobacco use prevention and tobacco control program. It is to do so by grant or contract with one or more organizations
in the state. It must include a tobacco use prevention and cessation component, anti-tobacco counter-marketing targeting both youth and adult populations, as well as youth-based efforts that involve youth in the design and implementation of tobacco control efforts.
ALASKA STAT. § 44.29.020(a)(15) (2000).
Securitization
The Commissioner of Revenue is authorized to sell to the Alaska Housing Finance Corporation (AHFC) the right to receive a total of 80 percent annually of the revenue derived from the Master Settlement Agreement. 40 percent of these payments
was sold in 2000, and an additional 40 percent was sold in 2001.
H.B. 281 (2000) & H.B. 234 (2001).
M Fire Safety Standards
Alaska has enacted legislation requiring cigarettes sold in Alaska to self-extinguish when not being smoked based on the performance standard specified
in the bill to help prevent cigarette-caused fires. The law will go into effect on August 1, 2008.
S.B. 84 enacted 7/18/07 and effective 8/1/08.

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