(WCLU NEWS FILE PHOTO)
BY BRENNAN D. CRAIN, WCLU News
GLASGOW — Citations issued to employees of local vaping retailers last month were redirected last week from Barren District Court to the state Department of Alcoholic Beverage Control.
Glasgow Police conducted an undercover investigation July 11 to determine if certain stores sold to underage customers. An underage operative was able to purchase vaping products at six stores.
Former President Donald Trump signed legislation in late 2019 to amend the Federal Food, Drug and Cosmetic Act. The action raised the federal minimum age of tobacco purchases from 18 to 21 years. Kentucky later amended its law to include alternative nicotine products.
Several complaints – mostly parents – were made to the police department before the investigation, a GPD spokesperson said. Those complaints continue.
The citations issued during Glasgow’s undercover operation were dismissed from Barren District Court on Aug. 8 due to a jurisdiction conflict. The court cannot issue fines for those citations.
“KRS 438.310(4) requires the fine be administered by the Department for Alcoholic Beverage Control through a civil enforcement procedure,” said Barren County Attorney Kathryn Thomas in a prepared statement sent to WCLU News.
District Judge Gabe Pendleton dismissed the complaints filed in his court to allow the Glasgow Police Department to file their citations with the Department of ABC. They should have never made their way to the local criminal court, a GPD spokesperson said.
The complaints have been filed and violations are pending enforcement by ABC.
The penalties for sales to people under age 21 include up to a $500 fine for the first offense and up to $1,000 for subsequent offenses.
Glasgow Police said further investigations and follow-ups at businesses who previously sold to underage people are expected. KRS 438.313(d) allows peace officers with general law enforcement authority to issue citations for underage sales. Arrests are not allowed for the offense, however.
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