TITLE 11
Criminal Offenses

CHAPTER 11-9
Children

SECTION 11-9-13.13


§ 11-9-13.13 Nature and size of penalties.

(a) Any person or individual who violates a requirement of § 11-9-13.6(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 § 11-9-13.8(1) and/or (2) shall be subject to civil fines as follows:

(1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six-month (36) period;

(2) A fine of five hundred dollars ($500) for the second violation within any thirty-six-month (36) period;

(3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the license to sell tobacco products or electronic nicotine-delivery systems for the third violation within any thirty-six-month (36) period;

(4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90) suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each violation in excess of three (3).

(c) Any person that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes; § 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred dollars ($500) for each violation.

(d) The department of taxation and/or the department of health shall not issue a license to any individual, business, firm, association, or corporation the license of which has been revoked or suspended, to any corporation an officer of which has had his or her license revoked or suspended, or to any individual who is, or has been, an officer of a corporation the license of which has been revoked or suspended so long as such revocations or suspensions are in effect.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 shall suspend the imposition of a license suspension of the license secured from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the sale of tobacco and/or electronic nicotine-delivery systems to minors and the license holder can demonstrate to the court that those measures have been taken and that employees have received training. No person shall sell tobacco products and/or electronic nicotine-delivery system products at retail without first being trained in the legal sale of tobacco and/or electronic nicotine-delivery system products. Training shall teach employees what constitutes a tobacco and/or electronic nicotine-delivery system product; legal age of purchase; acceptable identification; how to refuse a direct sale to a minor or secondary sale to an adult; and all applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the provisions of this section were reviewed with all employees who conduct, or will conduct, tobacco and/or electronic nicotine-delivery systems sales. Each employee who sells or will sell tobacco and/or electronic nicotine-delivery system products shall sign an acknowledgement form attesting that the provisions of this section were reviewed with him or her. Each form shall be maintained by the retailer for as long as the employee is so employed and for no less than one year after termination of employment. The measures to prevent the sale of tobacco and/or electronic nicotine-delivery systems to minors shall be defined by the department of behavioral healthcare, developmental disabilities and hospitals in rules and regulations.

History of Section.
(P.L. 1996, ch. 321, § 1; P.L. 2000, ch. 103, § 1; P.L. 2000, ch. 366, § 1; P.L. 2001, ch. 391, § 1; P.L. 2005, ch. 336, § 1; P.L. 2005, ch. 386, § 1; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1.)