22 §1553-A. Sales of tobacco products; vending machines

Title 22: HEALTH AND WELFARE

Subtitle 2: HEALTH

Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)

Chapter 262-A: RETAIL TOBACCO SALES HEADING: PL 1995, C. 470, §9 (NEW)

Subchapter 1: RETAIL TOBACCO LICENSES HEADING: PL 1995, C. 470, §9 (NEW)

§1553-A. Sales of tobacco products; vending machines

In addition to the tobacco license required in section 1551-A, the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions. [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]

1. Vending requirements. When the sale of cigarettes or any other tobacco product is made from a vending machine the following is required.

A. Only cigarettes or any other tobacco products may be dispensed by that machine. [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]

B. A sign must be affixed conspicuously to the front of the machine. The sign must:

(1) Contain lettering that is at least 3/8 inches in height; and

(2) State the following: "WARNING. It is unlawful for any person under the age of 18 to purchase cigarettes in this State." [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]

C. At all times during the hours the vending machine is accessible, it must be located within the unobstructed line of sight and under the direct supervision of an adult. That adult is responsible for preventing persons under 18 years of age from purchasing cigarettes or any other tobacco product from that vending machine. [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]

Vending machines may be located only in areas in which minors are allowed only when accompanied by an adult.

[ 1997, c. 305, §2 (AMD) .]

2. Penalty. Any person, firm or corporation, in control of a facility in which a vending machine is located, who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged or for which the person, firm or corporation may be prohibited for a period of not more than 6 months from having a cigarette vending machine located on the premises or both.

[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW) .]

SECTION HISTORY

1995, c. 470, §19 (AFF). 1995, c. 470, §9 (NEW). 1997, c. 305, §2 (AMD).