2014 -- H 7021 SUBSTITUTE A AS AMENDED | |
======== | |
LC003029/SUB A/2 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- SALE OF TOBACCO PRODUCTS TO THOSE | |
UNDER EIGHTEEN (18) | |
| |
Introduced By: Representative Helio Melo | |
Date Introduced: January 08, 2014 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-9-13, 11-9-13.1, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, |
2 | 11-9-13.10, 11-9-13.13 and 11-9-14 of the General Laws in Chapter 11-9 entitled "Children" are |
3 | hereby amended to read as follows: |
4 | 11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen -- |
5 | Posting notice of law. -- No person under eighteen (18) years of age shall purchase, nor shall any |
6 | person sell, give, or deliver to any person under eighteen (18) years of age, any tobacco in the |
7 | form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as "blunts," |
8 | unflavored "blunts,", flavored and unflavored blunt wraps, cigarette rolling papers of any size or |
9 | composition, cigarillos, and tiparillos, pipe tobacco, chewing tobacco, electronic nicotine-delivery |
10 | systems, or snuff. Any person, firm, or corporation that owns, manages, or operates a place of |
11 | business in which tobacco products are sold, including sales through cigarette vending machines, |
12 | shall post notice of this law conspicuously in the place of business in letters at least three-eighths |
13 | of an inch (3/8") high. |
14 | 11-9-13.1. Cigarette and tobacco vending machines. -- (a) No cigarettes, nor any other |
15 | tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or |
16 | vending machine which that is in an area not continuously supervised and in direct line of sight of |
17 | an authorized person employed by the person, firm, or corporation that owns the business |
18 | occupying the premises in which the device or vending machine is located, nor shall any tobacco |
| |
1 | product, nor electronic nicotine-delivery system product be sold from any device or vending |
2 | machine which that is in an area supervised by such an authorized person unless the device or |
3 | vending machine is equipped with an electronic locking device which that will not allow the |
4 | device or vending machine to dispense a pack of cigarettes, or any other tobacco product, or |
5 | electronic nicotine-delivery system product unless it is electronically unlocked from a secured |
6 | position inaccessible to the public and under the supervision of an authorized person employed by |
7 | the person, firm, or corporation that owns the business occupying the premises in which the |
8 | device or vending machine is located. "Direct line of sight" means that the vending machine and |
9 | the purchaser of cigarettes or electronic nicotine-delivery systems must be visible to the |
10 | authorized person pressing the unlock button while the unlock button is being activated. |
11 | Provided, a locking device shall not be required in an establishment licensed to sell alcoholic |
12 | beverages which that limits access to persons over the age of twenty-one (21) years. |
13 | (b) No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system |
14 | product shall be sold from any device or vending machine from which non-tobacco products are |
15 | sold. |
16 | (c) No cigarettes shall be sold in packs which that contain less than twenty (20) |
17 | cigarettes. |
18 | (d) Any person, firm, or corporation who or that owns a business occupying the premises |
19 | in which a device or vending machine which that dispenses cigarettes, or any other tobacco |
20 | product or electronic nicotine-delivery system product is located who or that shall violate any of |
21 | the provisions of subsections (a) and (b) of this section shall for the first offense be subject to a |
22 | fine of seventy-five dollars ($75.00), for the second offense, be subject to a fine of one hundred |
23 | fifty dollars ($150), and for the third and any subsequent offense, be subject to a fine of five |
24 | hundred dollars ($500); provided, that in the event that there are no offenses in three (3) |
25 | successive years from the date of the last offense, then the next offense shall be treated as the first |
26 | offense. |
27 | (e) Any person, firm, or corporation who or that shall violate subsection (c) of this |
28 | section shall, for the first offense, be subject to a fine of seventy-five dollars ($75.00), for the |
29 | second offense, be subject to a fine of one hundred fifty dollars ($150), and for the third and any |
30 | subsequent offense, be subject to a fine of five hundred dollars ($500); provided, that in the event |
31 | that there are no offenses in three (3) successive years from the date of the last offense, then the |
32 | next offense shall be treated as the first offense. |
33 | (f) One-half ( 1/2) of all the fines collected pursuant to this section shall be transferred to |
34 | the municipalities in which the citations originated. One-half ( 1/2) of all the fines collected |
| LC003029/SUB A/2 - Page 2 of 12 |
1 | pursuant to this section shall be transferred to the general fund. |
2 | (g) Severability. - If any provision of this section or the application of it to any person or |
3 | circumstance is held invalid, that invalidity shall not affect other provisions or applications of this |
4 | section, which can be given effect without the invalid provision or application, and to this end the |
5 | provisions of this section are declared to be severable. |
6 | 11-9-13.4. Definitions. -- As used in this chapter: |
7 | (1) "Bidi cigarette" means any product that (i) contains tobacco that is wrapped in |
8 | temburni or tender leaf, or that is wrapped in any other material identified by rules of the |
9 | Department of Health that is similar in appearance or characteristics to the temburni or tender |
10 | leaf, and (ii) does not contain a smoke filtering device. |
11 | (2) "Court" means any appropriate district court of the state of Rhode Island. |
12 | (3) "Dealer" is synonymous with the term "retail tobacco products dealer". |
13 | (4) "Department of mental health, retardation and hospitals behavioral healthcare, |
14 | developmental disabilities and hospitals" means the state of Rhode Island mental health, |
15 | retardation behavioral healthcare, developmental disabilities and hospitals department, its |
16 | employees, agents or assigns. |
17 | (5) "Department of taxation" means the state of Rhode Island taxation division, its |
18 | employees, agents, or assigns. |
19 | (6) "License" is synonymous with the term "retail tobacco products dealer license" or |
20 | "electronic nicotine-delivery system license." |
21 | (7) "License holder" is synonymous with the term "retail tobacco products dealer" or |
22 | "electronic nicotine-delivery system license." |
23 | (8) "Person" means any individual person, firm, association, or corporation licensed as a |
24 | retail dealer to sell tobacco products within the state. |
25 | (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco |
26 | products at retail. |
27 | (10) "Retail tobacco products dealer license" means a license to sell tobacco products at |
28 | retail as issued by the department of taxation. |
29 | (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping |
30 | tobacco, pouch tobacco, or smokeless tobacco. |
31 | (12) "Tobacco product(s)" means any product containing tobacco, including bidi |
32 | cigarettes, as defined in subdivision (1) of this section, which that can be used for, but whose use |
33 | is not limited to, smoking, sniffing, chewing, or spitting of the product. |
34 | (13) "Underage individual" or "underage individuals" means any child under the age of |
| LC003029/SUB A/2 - Page 3 of 12 |
1 | eighteen (18) years of age. |
2 | (14) "Little cigars" means and includes any roll, made wholly or in part of tobacco, |
3 | irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or |
4 | mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco |
5 | wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except |
6 | where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three |
7 | (3) pounds per thousand (1,000). |
8 | (15) "Electronic nicotine-delivery system" means an electronic device that may be used |
9 | to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the |
10 | device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic |
11 | cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other |
12 | component of such device. |
13 | 11-9-13.6. Duties of the department of mental health, retardation and hospitals |
14 | Duties of the department of behavioral healthcare, developmental disabilities and hospitals. |
15 | -- The department of mental health, retardation and hospitals behavioral healthcare, |
16 | developmental disabilities and hospitals shall: |
17 | (1) Coordinate and promote the enforcement of the provisions of this chapter and serve |
18 | as the primary liaison from this department to other state or local agencies, departments, or |
19 | divisions on issues pertaining to stopping children's access to tobacco and electronic nicotine- |
20 | delivery systems. |
21 | (2) Provide retail tobacco products dealers and electronic nicotine-delivery system |
22 | dealers signs concerning the prohibition of sales to children under eighteen (18) years of age. The |
23 | signs, conforming to the requirements of this chapter, shall be sold at cost. This sign, or an exact |
24 | duplicate of it made privately, shall be displayed in all locations where tobacco products and/or |
25 | electronic nicotine-delivery systems are sold. |
26 | (3) Investigate concurrently with other state and local officials violations of this chapter. |
27 | (4)(i) Utilize unannounced statewide compliance checks of tobacco product sales and/or |
28 | electronic nicotine-delivery system sales including retail tobacco and/or electronic nicotine- |
29 | delivery system over-the-counter sales, mail order sales initiated via mail, facsimile, telephone or |
30 | internet ordering or other types of electronic communications, and tobacco and/or electronic |
31 | nicotine-delivery systems vending machine sales as part of investigating compliance with the |
32 | provisions of this chapter. Underage individuals, acting as agents for the department of mental |
33 | health, retardation and hospitals behavioral healthcare, developmental disabilities and hospitals |
34 | and with the written permission of a parent or guardian, may purchase, with impunity from |
| LC003029/SUB A/2 - Page 4 of 12 |
1 | prosecution, tobacco products and electronic nicotine-delivery system for the purposes of law |
2 | enforcement or government research involving monitoring compliance with this chapter, |
3 | provided that the underage individuals are supervised by an adult law enforcement official. Any |
4 | individual participating in an unannounced compliance check of over-the-counter or vending |
5 | machine sales, must state his or her accurate age if asked by the sales representative of the retail |
6 | establishment being checked. |
7 | (ii) In fulfilling the requirement of unannounced statewide compliance checks, the |
8 | department of mental health, retardation and hospitals behavioral healthcare, developmental |
9 | disabilities and hospitals shall maintain complete records of the unannounced compliance checks, |
10 | detailing, at least, the date of the compliance check,; the name and address of the retail |
11 | establishment checked or the mail order company,; the results of the compliance check (sale/no |
12 | sale),; whether the sale was made as an over-the-counter sale, a mail-order purchase or a tobacco |
13 | and/or or electronic nicotine-delivery systems vending machine sale,; and if a citation was issued |
14 | for any violation found. The records shall be subject to public disclosure. Further, the department |
15 | of mental health, retardation and hospitals behavioral healthcare, developmental disabilities and |
16 | hospitals shall report to the owner of each retail establishment checked or mail-order company, |
17 | the results of any compliance check (sale/no sale) whether the sale was made as an over-the- |
18 | counter sale, a mail-order purchase, or a tobacco and/or electronic nicotine-delivery systems |
19 | vending machine sale, and if a citation was issued for any violation found. |
20 | (5) Seek enforcement, concurrently with other state and local officials, of the penalties as |
21 | detailed in this chapter. |
22 | (6) Develop and disseminate community health education information and materials |
23 | relating to this chapter. |
24 | 11-9-13.7. Signs concerning sales to individuals under age eighteen (18). -- Signs |
25 | provided by the department of behavioral healthcare, developmental disabilities and hospitals, or |
26 | an exact duplicate of it made privately, shall: (1) Contain in red bold lettering a minimum of |
27 | three-eighths ( 3/8") inch high on a white background the following wording in both English and |
28 | Spanish: |
29 | THE SALE OF CIGARETTES, AND OTHER TOBACCO AND ELECTRONIC |
30 | NICOTINE-DELIVERY SYSTEM PRODUCTS TO PERSONS UNDER THE AGE OF 18 IS |
31 | AGAINST RHODE ISLAND LAW (Section §11-9-13.8(1), Rhode Island Statutes) PHOTO ID |
32 | FOR PROOF OF AGE IS REQUIRED FOR PURCHASE. |
33 | (2) Contain the phone number at the department of behavioral healthcare, developmental |
34 | disabilities and hospitals, where violations of sections §§11-9-13.2 -- 11-9-13.19 can be reported, |
| LC003029/SUB A/2 - Page 5 of 12 |
1 | in addition to any other information required by the department of behavioral healthcare, |
2 | developmental disabilities and hospitals. |
3 | (3) Be displayed prominently for public view, wherever tobacco products are sold at each |
4 | cash register, each tobacco and/or electronic-nicotine-delivery systems vending machine, or any |
5 | other place from which tobacco products and/or electronic nicotine-delivery systems are sold. |
6 | The signs shall be electronically available in both English and Spanish online at the department of |
7 | behavioral healthcare, developmental disabilities and hospitals' website. |
8 | 11-9-13.8. Prohibitions applicable to license holders and their employees and agents. |
9 | -- A person that holds holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an |
10 | employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco |
11 | and/or electronic nicotine-delivery system product: |
12 | (1) To any individual that who is under eighteen (18) years of age; or |
13 | (2) In any form other than an original, factory-wrapped package; or |
14 | (3) As a single-cigarette sale (section §44-20-31), or as a sale of cigarettes by the |
15 | individual piece, known as "loosies." |
16 | 11-9-13.10. Prohibition on the distribution of free tobacco products. -- The |
17 | distribution of free tobacco products and electronic nicotine-delivery systems or coupons or |
18 | vouchers redeemable for free tobacco or electronic nicotine-delivery system products to any |
19 | person under eighteen (18) years of age shall be prohibited. Further, the distribution of free |
20 | tobacco products or electronic nicotine-delivery systems or coupons or vouchers redeemable for |
21 | free tobacco or electronic nicotine-delivery system products shall be prohibited, regardless of the |
22 | age of the person to whom the products, coupons, or vouchers are distributed, within five hundred |
23 | (500) feet of any school. The attorney general shall bring an action for any violation of this |
24 | section. Every separate, free tobacco product or electronic nicotine-delivery system or coupon or |
25 | voucher redeemable for a free tobacco or electronic nicotine-delivery system product in violation |
26 | of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500). |
27 | The penalty shall be assessed against the business or individual responsible for initiating the |
28 | Rhode Island distribution of the free tobacco products or electronic nicotine-delivery systems or |
29 | coupons or vouchers redeemable for free tobacco products or electronic nicotine-delivery |
30 | systems. |
31 | 11-9-13.13. Nature and size of penalties. -- (a) Any person or individual that who |
32 | violates a requirement of section §11-9-13.6(2), display of specific signage, shall be subject to a |
33 | fine in court of not less than thirty-five dollars ($35.00), nor more than five hundred dollars |
34 | ($500), per civil violation. |
| LC003029/SUB A/2 - Page 6 of 12 |
1 | (b) The license holder is responsible for all violations of this section that occur at the |
2 | location for which the license is issued. Any license holder that violates the prohibition of section |
3 | §11-9-13.8(1) and/or (2) shall be subject to civil fines as follows: |
4 | (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six- |
5 | (36) month (36) period; |
6 | (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six- |
7 | (36) month (36) period; |
8 | (3) A fine of one thousand dollars ($1,000) and a fourteen-(14) day (14) suspension of |
9 | the license to sell tobacco products or electronic nicotine delivery systems for the third violation |
10 | within any thirty-six-(36) month (36) period; |
11 | (4) A fine of one thousand five hundred dollars ($1,500) and a ninety-(90) day (90) |
12 | suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each |
13 | violation in excess of three (3). |
14 | (c) Any person that violates a prohibition of section §11-9-13.8(3), sale of single |
15 | cigarettes; section §11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty |
16 | of five hundred dollars ($500) for each violation. |
17 | (d) The department of taxation and/or the department of health shall not issue a license to |
18 | any individual, business, firm, association, or corporation the license of which has been revoked |
19 | or suspended, to any corporation an officer of which has had his or her license revoked or |
20 | suspended, or to any individual who is, or has been, an officer of a corporation the license of |
21 | which has been revoked or suspended so long as such revocations or suspensions are in effect. |
22 | (e) The court shall suspend the imposition of a license suspension of the license secured |
23 | from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this |
24 | section if the court finds that the license holder has taken measures to prevent the sale of tobacco |
25 | and/or electronic nicotine-delivery systems to minors and the license holder can demonstrate to |
26 | the court that those measures have been taken and that employees have received training. No |
27 | person shall sell tobacco products and/or electronic nicotine-delivery-system products at retail, |
28 | without first being trained in the legal sale of tobacco and/or electronic nicotine-delivery system |
29 | products. Training shall teach employees what constitutes a tobacco and/or electronic nicotine- |
30 | delivery system product,; legal age of purchase,; acceptable identification,; how to refuse a direct |
31 | sale to a minor or secondary sale to an adult,; and all applicable laws on tobacco sales and |
32 | distribution. Dealers shall maintain records indicating that the provisions of this section were |
33 | reviewed with all employees who conduct, or will conduct, tobacco and/or electronic nicotine- |
34 | delivery systems sales. Each employee who sells or will sell tobacco and/or electronic nicotine- |
| LC003029/SUB A/2 - Page 7 of 12 |
1 | delivery system products shall sign an acknowledgement form attesting that the provisions of this |
2 | section were reviewed with him/her or her. Each form shall be maintained by the retailer for as |
3 | long as the employee is so employed and for no less than one year after termination of |
4 | employment. The measures to prevent the sale of tobacco and/or electronic nicotine-delivery |
5 | systems to minors shall be defined by the department of mental health, retardation and hospitals |
6 | behavioral healthcare, developmental disabilities and hospitals in rules and regulations. |
7 | 11-9-14. Use of tobacco by minors. -- No person under eighteen (18) years of age shall |
8 | smoke or chew use or possess, when such possession is clearly visible, tobacco in any public |
9 | street, place, or resort, any tobacco and/or electronic nicotine-delivery system in any form |
10 | whatsoever. Any person under eighteen (18) years of age violating the provisions of this section |
11 | shall be required to perform up to thirty (30) hours of community service or shall be required to |
12 | enter into a tobacco treatment program, approved by any local substance abuse prevention task |
13 | force, at the option of a minor charged with a violation of this section. |
14 | SECTION 2. Chapter 23-1 of the General Laws entitled "Department of Health" is |
15 | hereby amended by adding thereto the following sections: |
16 | 23-1-55. Electronic nicotine delivery system distributor, and dealer licenses required |
17 | -- Definitions. – Definitions. – Whenever used in §§ 23-1-56 to 23-1-58, unless the context |
18 | requires otherwise: |
19 | (1) "Dealer" means any person, whether located within or outside of this state, who sells |
20 | or distributes electronic nicotine-delivery system products to a consumer in this state; |
21 | (2) "Distributor" means any person: |
22 | (i) Whether located within or outside of this state, other than a dealer, who sells or |
23 | distributes electronic nicotine-delivery system products within or into this state. Such term shall |
24 | not include any electronic nicotine-delivery system products manufacturer, export warehouse |
25 | proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine- |
26 | delivery system products in this state only to licensed distributors or to an export warehouse |
27 | proprietor or another manufacturer with a valid permit; |
28 | (ii) Selling electronic nicotine-delivery system products directly to consumers in this state |
29 | by means of at least twenty-five (25) electronic nicotine-delivery system product vending |
30 | machines; |
31 | (iii) Engaged in this state in the business of manufacturing electronic nicotine-delivery |
32 | system products or any person engaged in the business of selling electronic nicotine-delivery |
33 | system products to dealers, or to other persons, for the purpose of resale only; provided that |
34 | seventy-five percent (75%) of all electronic nicotine-delivery system products sold by that |
| LC003029/SUB A/2 - Page 8 of 12 |
1 | person in this state are sold to dealers or other persons for resale and selling electronic nicotine- |
2 | delivery system products directly to at least forty (40) dealers or other persons for resale; or |
3 | (iv) Maintaining one or more regular places of business in this state for that purpose; |
4 | provided, that seventy-five percent (75%) of the sold electronic nicotine-delivery system products |
5 | are purchased directly from the manufacturer and selling electronic nicotine-delivery system |
6 | products directly to at least forty (40) dealers or other persons for resale; |
7 | (3) "Electronic nicotine-delivery system" means the products as defined in § 11-9- |
8 | 13.4(15). |
9 | 23-1-56. License. -- (a) Each person engaging in the business of selling electronic |
10 | nicotine-delivery system products in the state, including any distributor or dealer, shall secure a |
11 | license annually from the department before engaging in that business or continuing to engage in |
12 | it. A separate application and license is required for each place of business operated by a |
13 | distributor or dealer. If the applicant for a license does not have a place of business in this state, |
14 | the license shall be issued for such applicant's principal place of business, wherever located. A |
15 | licensee shall notify the department within thirty (30) days in the event that it changes its |
16 | principal place of business. A separate license is required for each class of business if the |
17 | applicant is engaged in more than one of the activities required to be licensed by this section. No |
18 | person shall maintain or operate, or cause to be operated, a vending machine for electronic |
19 | nicotine-delivery systems without procuring a dealer’s license for each machine. |
20 | (b) The director shall have authority to set a reasonable fee not to exceed twenty-five |
21 | dollars ($25.00) for the issuance of the license. |
22 | (c) Each issued license shall be prominently displayed on the premises, if any, covered by |
23 | the license. |
24 | (d) The director shall create and maintain a website setting forth the identity of all |
25 | licensed persons under this section, itemized by type of license possessed, and shall update the |
26 | site no less frequently than six (6) times per year. |
27 | (e) A manufacturer or importer may sell or distribute electronic nicotine-delivery systems |
28 | to a person located or doing business within the state only if such person is a licensed distributor. |
29 | An importer may obtain electronic nicotine-delivery systems only from a licensed manufacturer. |
30 | A distributor may sell or distribute electronic nicotine-delivery systems to a person located or |
31 | doing business within this state only if such person is a licensed distributor or dealer. A |
32 | distributor may obtain electronic nicotine-delivery systems only from a licensed manufacturer, |
33 | importer, or distributor. A dealer may obtain electronic nicotine-delivery systems only from a |
34 | licensed distributor. |
| LC003029/SUB A/2 - Page 9 of 12 |
1 | (f)(1) No license under this chapter may be granted, maintained, or renewed if the |
2 | applicant, or any combination of persons owning directly or indirectly any interests in the |
3 | applicant: |
4 | (i) Is delinquent in any tax filings for one month or more; or |
5 | (ii) Had a license under this chapter revoked within the past two (2) years. |
6 | (2) No person shall apply for a new license, or renewal of a license and no license shall |
7 | be issued or renewed for any person, unless all outstanding fines, fees, or other charges relating to |
8 | any license held by that person have been paid. |
9 | (3) No license shall be issued relating to a business at any specific location until all prior |
10 | licenses relating to that location have been officially terminated and all fines, fees, or charges |
11 | relating to the prior licenses have been paid or otherwise resolved or if the director has found that |
12 | the person applying for the new license is not acting as an agent for the prior licensee who is |
13 | subject to any such related fines, fees, or charges that are still due. Evidence of such agency status |
14 | includes, but is not limited to, a direct familial relationship and/or employment, contractual, or |
15 | other formal financial or business relationship with the prior licensee. |
16 | (4) No person shall apply for a new license pertaining to a specific location in order to |
17 | evade payment of any fines, fees, or other charges relating to a prior license for that location. |
18 | (5) No new license shall be issued for a business at a specific location for which a license |
19 | has already issued unless there is a bona fide, good faith change in ownership of the business at |
20 | that location. |
21 | (6) No license or permit shall be issued, renewed or maintained for any person, including |
22 | the owners of the business being licensed, who has been convicted of violating any criminal law |
23 | relating to tobacco products and/or electronic nicotine-delivery system products, the payment of |
24 | taxes, or fraud, or has been ordered to pay civil fines of more than twenty-five thousand dollars |
25 | ($25,000) for violations of any civil law relating to tobacco products and/or electronic nicotine- |
26 | delivery system products, the payment of taxes, or fraud. |
27 | 23-1-57. Penalties for unlicensed business. -- Any distributor or dealer who sells, offers |
28 | for sale, or possesses with intent to sell, electronic nicotine-delivery system products without a |
29 | license as provided in § 23-1-56, shall be fined in accordance with the provisions of, and the |
30 | penalties contained in, § 23-1-58. |
31 | 23-1-58. Penalty for operating without a dealer license. -- (a) Any individual or |
32 | business who violates this chapter by selling or conveying an electronic nicotine-delivery system |
33 | product without a retail license shall be cited for that violation and shall be required to appear in |
34 | district court for a hearing on the citation. |
| LC003029/SUB A/2 - Page 10 of 12 |
1 | (b) Any individual or business cited for a violation hereunder shall: |
2 | (1) Either post a five hundred dollar ($500) bond with the district court within ten (10) |
3 | days of the citation; or |
4 | (2) Sign and accept the citation indicating a promise to appear in court. |
5 | (c) An individual or business who or that has accepted the citation may: |
6 | (1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) |
7 | days after receiving the citation; or |
8 | (2) If that individual or business has posted a bond, forfeit the bond by not appearing at |
9 | the scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine |
10 | or forfeits the bond, that individual or business is deemed to have admitted the cited violation and |
11 | to have waived the right to a hearing on the issue of commission on the violation. |
12 | (d) The court, after a hearing on a citation, shall make a determination as to whether a |
13 | violation has been committed. If it is established that the violation did occur, the court shall |
14 | impose a five hundred dollar ($500) fine in addition to any court costs or fees. |
15 | SECTION 3. This act shall take effect upon passage. The amendments to §§ 11-9-13, 11- |
16 | 9-13.1, 11-9-13.4, 11-9-13.7, 11-9-13.10 and 11-9-14 shall take effect on July 1, 2014 and the |
17 | amendments to §§ 11-9-13.6, 11-9-13.8, 11-9-13.13, 23-1-55, 23-1-56, 23-1-57 and 23-1-58 shall |
18 | take effect on January 1, 2015. |
======== | |
LC003029/SUB A/2 | |
======== | |
| LC003029/SUB A/2 - Page 11 of 12 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- SALE OF TOBACCO PRODUCTS TO THOSE | |
UNDER EIGHTEEN (18) | |
*** | |
1 | This act would amend the definition of tobacco products to include vapor products and |
2 | alternative nicotine products for the purpose of prohibiting access by minors. |
3 | This act would take effect upon passage. |
======== | |
LC003029/SUB A/2 | |
======== | |
| LC003029/SUB A/2 - Page 12 of 12 |