Section 13A-12-3.8

Permit requirements; violations.

(a) No person may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine products unless the seller has obtained a valid permit to conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products issued by the board pursuant to Section 28-11-4.

(b) No person may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine products to a person under the legal minimum age.

(c) A person holding a permit to conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products may not accept a purchase or order from any person without first obtaining the full name, birth date, and residential address of that person and verifying this information through an independently operated third-party database or aggregate of databases, which includes data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication.

(d) A person holding a permit to conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products shall accept payment only through a credit or debit card issued in the purchaser's own name.

(e) Each violation for conducting a delivery sale of electronic nicotine delivery systems or alternative nicotine products without a valid permit or otherwise in violation of this section shall be treated as a separate offense and be punishable as follows: For the first violation, a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for each subsequent violation, a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500).

(Act 2019-233, §3.)