HB0663 Hosmer, Craig

P R E F I L E D

HB 663 -- Sale of Tobacco

This bill defines terms, establishes a Division of Alcohol and Tobacco Control within the Department of Public Safety, and describes the duties of the director of the division. The duties of the director are similar to the duties of the Supervisor of Liquor Control and all statutory references to the Supervisor of Liquor Control mean the Director of the Division of Alcohol and Tobacco Control. One enforcement goal of the director is to reduce the extent to which tobacco products are sold or distributed to persons under 18 years of age. Inspection and investigation concurrently with other state and local officials of the locations where tobacco products are sold will determine whether or not proprietors are in compliance with this rule.

Licenses to sell tobacco products will be issued to specific persons for a specific outlet. Licenses must be prominently displayed subject to a fine of not more than $100 for failure to display the license. The annual license fee is $50 for each tobacco outlet. This fee is paid to the Division of Alcohol and Drug Abuse of the Department of Mental Health and placed in the Mental Health Earnings Fund. A sign stating "It is a violation of the law for cigarettes or other tobacco products to be sold to any person under the age of eighteen" will be displayed prominently. There is a penalty of not more than $100 for failure to display the sign. Persons are restricted from selling tobacco products to individuals under 18 years old, in any form other than factory-wrapped, and in any location other than a licensed outlet.

A person may only be subject to one violation per day. Licensees are responsible for preventing minors from the purchasing cigarettes from a vending machine. Other rules and regulations with the penalties for violation are described in the bill. Political subdivisions may make more stringent orders, ordinances or rules that relate to the sale, use, distribution and promotion of tobacco products.