LD 1236
pg. 4
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LR 1230
Item 1

 
C.__The tobacco retailer shall utilize a delivery service
that imposes the following requirements:

 
(1)__The purchaser must be the addressee;

 
(2)__The addressee must be of legal age to purchase
tobacco products and must sign for the package; and

 
(3)__If the addressee is under 27 years of age, the
addressee must show valid government-issued
identification that contains a photograph of the
addressee and indicates that the addressee is of legal
age to purchase tobacco products.

 
D.__The delivery instructions must clearly indicate the
requirements of this subsection and must declare that state
law requires compliance with the requirements.

 
E.__A person who violates this subsection commits a civil
violation for which a fine of not less than $50 and not more
than $1,500 may be adjudged for each violation.

 
F.__A person who violates this subsection after having been
previously adjudicated as violating this subsection or
subsection 1, 2 or 4 commits a civil violation for which a
fine of not less than $1,000 and not more than $5,000 may be
adjudged.

 
4.__Reporting requirements.__No later than the 10th day of
each calendar month, a tobacco retailer that has made a delivery
sale of tobacco products or shipped or delivered tobacco products
into the State in a delivery sale in the previous calendar month
shall file with the Department of Administrative and Financial
Services, Bureau of Revenue Services a memorandum or a copy of
each invoice that provides for each delivery sale the name and
address of the purchaser and the brand or brands and quantity of
tobacco products sold.__A tobacco retailer that meets the
requirements of 15 United States Code, Section 375 et seq. (1955)
satisfies the requirements of this subsection.__The following
penalties apply to violations of this subsection.

 
A.__A person who violates this subsection commits a civil
violation for which a fine of not less than $50 and not more
than $1,500 may be adjudged for each violation.

 
B.__A person who violates this subsection after having been
previously adjudicated as violating this subsection or
subsection 1, 2 or 3 commits a civil violation for which a
fine of not less than $1,000 and not more than $5,000 may be
adjudged.


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