2.__Penalty; employee.__A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $100 may be adjudged.__In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to Title 15, section 3314.

3.__Penalty; employer.__The employer of a person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged.__In all cases of violations, the court shall impose a fine that may not be suspended.

Sec. K-6. 22 MRSA §1554-B is enacted to read:

§1554-B.__Sale without valid license; multiple violations;

penalties

1.__License required.__A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1.

2.__Penalties.__The following penalties apply to violations of this section.

A.__A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs.__The fine and costs may not be suspended.__The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.

B.__A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs.__The fine and costs may not be suspended.__The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days.