A N A C T
RELATING TO CRIMINAL OFFENSES
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-9-13.13 of the General Laws in Chapter 11-9 entitled "Children" is hereby amended to read as follows:
11-9-13.13. Nature and size of penalties. -- (a) Any person or individual that violates a requirement of section 11-9-13.6(a)(2), display of specific signage, shall be subject to a fine in court of not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500) per civil violation.
(b) The license holder is responsible for all violations of this section that occur at the location for which the license is issued. Any license holder that violates the prohibition of section 11-9-13.8(a)(1) and/or (a)(2) shall be subject to civil fines as follows:
(1) A fine of
one hundred dollars ($100) two hundred fifty dollars ($250) for the first violation within any thirty-six (36) month period;
(2) A fine of
two hundred dollars ($200) five hundred dollars ($500) for the second violation within any thirty-six (36) month period;
(3) A fine of
three hundred dollars ($300) one thousand dollars ($1,000) and a fourteen (14) day suspension of the license to sell tobacco products for the third violation within any thirty-six (36) month period;
(4) A fine of
five hundred dollars ($500) one thousand five hundred dollars ($1,500) and a ninety (90) day suspension of the license to sell tobacco products for each violation in excess of three (3) within any thirty-six (36) month period.
(c) Any person that violates a prohibition of section 11-9-13.8(a)(3), sale of single cigarettes; section 11-9-13.8(a)(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred dollars ($500) for each violation.
(d) The department of taxation shall not issue a license to any individual, business, firm, association, or corporation the license of which has been revoked or suspended, to any corporation an officer of which has had his or her license revoked or suspended, or to any individual who is or has been an officer of a corporation the license of which has been revoked or suspended so long as such revocations or suspensions are in effect.
(e) The court may suspend the imposition of a license suspension of the license secured from the Rhode Island Tax Administrator for violation of section (b)(3) and (b)(4) if the court finds that the license holder has taken measures to prevent the sale of tobacco to minors and the license holder can demonstrate to the court that such measures have been taken and that employees have received training. Such measures to prevent the sale of tobacco to minors shall be defined by the Department of Health in rules and regulations.
SECTION 2. This act shall take effect upon passage.