PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 145
H.P. 660 - L.D. 941

An Act To Make an Exception to the Law Regarding Licensing of Fair Vendors Selling Tobacco Products

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the fair season will begin before this Act takes effect; and

     Whereas, the vendors need to know before the fair season begins how many licenses they need to purchase; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA §1552, sub-§3, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:

     3. Multiple licenses. A Except as provided in subsection 3-A, a licensee applying for licenses to operate more than one premises or more than one vending machine shall obtain a separate license for each premises and each machine and shall pay the fee prescribed for each premises and each machine.

     Sec. 2. 22 MRSA §1552, sub-§3-A is enacted to read:

     3-A. Seasonal mobile tobacco vendor license. An applicant who is a seasonal mobile tobacco vendor may purchase a single annual license authorizing that vendor to operate at 2 or more agricultural fairs, festivals or exhibitions held during the agricultural fair season. A license issued under this subsection must clearly specify the name and location of each fair, festival or exhibition at which the licensee is authorized to operate and, for each location, the specific dates and number of machines for which the licensee is authorized. A licensee may not operate at any agricultural fair, festival or exhibit except as specifically provided in that license. Upon issuing a license under this subsection, the department shall immediately provide the information required by this subsection to the Office of the Attorney General for purposes of inspection and enforcement.

     Sec. 3. Seasonal mobile tobacco vendor license; fee. In determining the sliding-scale licensing fee that applies to a seasonal mobile tobacco vendor license sold under the Maine Revised Statutes, Title 22, section 1552, subsection 3-A, the Department of Health and Human Services shall consider the "total square footage of the retail establishment," referred to in Public Law 2005, chapter 12, Part TT, section 2, to be the square footage of equipment or other personal property owned or leased by the licensee that is located at the agricultural fair, festival or exhibition.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective May 20, 2005.

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