| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 22 MRSA §1551, sub-§§2-A and 2-B are enacted to read: |
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| | 2-A.__Person.__"Person" means an individual or a corporation, | partnership or unincorporated association. |
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| | 2-B.__Tobacco distributor.__"Tobacco distributor" has the same | meaning as "distributor" as defined in Title 36, sections 4361 | and 4401. |
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| | Sec. 2. 22 MRSA §1551, sub-§3-A is enacted to read: |
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| | 3-A.__Tobacco retailer.__"Tobacco retailer" means a person, | whether located inside or outside the borders of the State, who | sells or distributes tobacco products to a consumer in the State. |
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| | Sec. 3. 22 MRSA §1554-B is enacted to read: |
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| §1554-B.__Illegal delivery of tobacco products |
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| | 1.__Illegal delivery of tobacco products.__A person may not | knowingly transport to or cause to be delivered to any person | located within this State any tobacco product not purchased from | a person licensed as a tobacco retailer by the State.__This | provision does not apply to the transportation or delivery of | tobacco products to a licensed tobacco retailer or a licensed | tobacco distributor. |
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| | 2.__Penalty.__A person who violates this section commits a | civil violation for which a fine of not less than $50 nor more | than $1,500 may be adjudged for each violation.__An employer of a | person who, while working within the scope of that person's | employment, violates this section commits a civil violation for | which a fine of not less than $50 nor more than $1,500 may be | adjudged for each violation.__In all cases of violations, the | court shall impose a fine that may not be suspended. |
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| | 3.__Injunctive relief.__In the event the Attorney General has | reasonable cause to believe that a person is engaged in, or has | engaged in, any act that would constitute a violation of this | section, the Attorney General may bring a civil action for | injunctive relief, including a preliminary or final injunction, | against the person as the Attorney General determines to be | necessary to restrain the person from engaging or continuing to | engage in the violation or to enforce compliance with this | section. |
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