CHAPTER 305
S.P. 133 - L.D. 412
An Act to Require the Purchaser of Tobacco Products to Produce Suitable Identification
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1552-A, sub-§2, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:
2. Display of prohibition against sales to juveniles. All licensees shall post notice of the prohibition on tobacco sales to juveniles pursuant to section 1555 1555-B. Notices must be publicly and conspicuously displayed in the licensee's place of business in letters at least 3/8 inches high. Signs required by this section must be provided at cost by the department. Any person who violates this subsection commits a civil violation for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense.
Sec. 2. 22 MRSA §1553-A, sub-§1, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:
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.
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."
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.
This subsection does not apply to any vending machine located in an area where minors are not allowed by law or by policy of the owner of the premises.
Vending machines may be located only in areas in which minors are allowed only when accompanied by an adult.
Sec. 3. 22 MRSA §1554-A, sub-§1, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:
1. Prohibition. A person may not sell cigarettes except in the original, sealed package in which they were placed by the manufacturer, which may not be smaller than 20 cigarettes per package, nor may a person sell cigarettes in smaller quantities than placed in the package by the manufacturer.
Sec. 4. 22 MRSA §1555, as amended by PL 1995, c. 593, §3, is repealed.
Sec. 5. 22 MRSA §1555-B is enacted to read:
§1555-B. Sales of tobacco products
1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified and through the mail under procedures approved by the department to provide reliable verification that the purchaser is not a minor.
2. Sales to minors prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under 18 years of age. Tobacco products may not be sold at retail to any person under 27 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth.
3. Sales through vending machines. Tobacco products may be sold through vending machines according to section 1553-A.
4. Wholesale sales. Tobacco products may be distributed at wholesale without a face-to-face exchange only in the normal course of trade and under procedures approved by the Bureau of Taxation to ensure that tobacco products are not provided to any person under 18 years of age.
5. Use of false identification by minors prohibited. A person under 18 years of age may not offer false identification in an attempt to purchase any tobacco products or to purchase, possess or use cigarettes, cigarette paper or any other tobacco product.
6. Display of prohibition of sales to juveniles. A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales to persons under 18 years of age. Notices must be publicly and conspicuously displayed in the dealer's or distributor's place of business in letters at least 3/8 inches in height. Signs required by this section may be provided at cost by the department.
7. Enforcement. Law enforcement officers shall enforce this section. A citizen may register a complaint under this section with the law enforcement agency having jurisdiction. The law enforcement agency may notify any establishment or individual subject to this section of a citizen complaint regarding that establishment's or individual's alleged violation of this section and shall keep a record of that notification.
8. Fines and forfeitures. Violations of this section are subject to fines and forfeitures according to this subsection.
A. A person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than $50 nor more than $1,500, plus court costs, may be adjudged for any one offense. An employer of a person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than $50 nor more than $1,500, plus court costs, may be adjudged. For a violation, the court shall impose a fine that may not be suspended, except pursuant to Title 15, section 3314.
B. A person who violates subsection 2 commits a civil violation for which the following forfeitures may be adjudged.
(1) For a first offense, a forfeiture of not less than $100 and not more than $300 may be imposed. The judge, as an alternative to or in addition to the forfeiture permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
(2) For a 2nd offense, a forfeiture of not less than $200 and not more than $500 may be imposed. The judge, as an alternative to or in addition to the forfeiture permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
(3) For all subsequent offenses, a forfeiture of $500 must be imposed and that forfeiture may not be suspended. The judge, in addition to the forfeiture permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
C. A person who violates subsection 6 commits a civil violation for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense.
9. Distribution of fines. Fines and forfeitures collected pursuant to subchapter I and this subchapter must be credited as follows: one half to the General Fund and 1/2 to be deposited in a nonlapsing account to be paid to law enforcement agencies.
10. Affirmative defense. It is an affirmative defense to prosecution for a violation of subsection 1, 2 or 4 that the defendant sold, furnished, gave away or offered to sell, furnish or give away a tobacco product to a person under 18 years of age in reasonable reliance upon a fraudulent proof of age presented by the purchaser.
Sec. 6. 22 MRSA §1556-A, sub-§2, as repealed and replaced by PL 1995, c. 593, §4, is amended to read:
2. Enforcement; jurisdiction. Enforcement of criminal offenses may be carried out by written summons pursuant to Title 17-A filed in the District Court. Enforcement of civil violations set forth in section 1555 1555-B, subsection 2 may be carried out by complaint filed in District Court. All other civil violations under this chapter are within the jurisdiction of the Administrative Court pursuant to section 1557, subsection 1.
Effective September 19, 1997, unless otherwise indicated.
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