CHAPTER 223
S.P. 293 - L.D. 885
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1541, sub-§7 is enacted to read:
7. Tobacco specialty store. "Tobacco specialty store" means a retail business under 2,000 square feet in which at least 60% of the business's gross revenue for the last calendar year was derived from the sale of tobacco or tobacco-related products.
Sec. 2. 22 MRSA §1542, sub-§2, ¶L, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:
L. Smoking is not prohibited in a retail store under 2,000 square feet that primarily sells tobacco or tobacco-related products tobacco specialty store.
Sec. 3. 22 MRSA §1547 is enacted to read:
§1547. Tobacco specialty store; entry prohibited for persons under 18 years of age
A person under 18 years of age is prohibited from entering a business licensed as a tobacco specialty store unless accompanied by a parent or legal guardian, regardless of whether smoking is allowed in that store.
Sec. 4. 22 MRSA §1555-B, sub-§1, as enacted by PL 1997, c. 305, §5, is amended to read:
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. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 years of age. An employee who is at least 17 years of age but less than 21 years of age may sell tobacco products only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.
Sec. 5. 22 MRSA §1558, sub-§8, ¶A, as enacted by PL 1995, c. 470, §9 and affected by §19 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
A. The District Court shall maintain a record of all fines received by the court. Any fines received must be credited as follows: 1/2 to the Department of Health and Human Services in the a nonlapsing account established in section 1552, subsection 4 to be used by the department to defray administrative costs of retail tobacco licensing and 1/2 to a nonlapsing account to be distributed twice a year to law enforcement agencies used by the Attorney General to support enforcement and responsible retailing education programs. Annually, the court shall report to the Office of Substance Abuse the total amount of fines collected and to whom and in what amounts the collected fines were dispersed.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative: Allocates funds to support enforcement and responsible retailing education programs.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $10,000 $10,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $10,000 $10,000
ATTORNEY GENERAL, DEPARTMENT
OF THE
DEPARTMENT TOTALS 2005-06 2006-07
OTHER SPECIAL REVENUE
FUNDS $10,000 $10,000
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $10,000 $10,000
PUBLIC SAFETY, DEPARTMENT OF
Criminal Justice Academy 0290
Initiative: Deallocates funds to reflect the loss of certain dedicated revenues.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other ($10,000) ($10,000)
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL ($10,000) ($10,000)
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07
OTHER SPECIAL REVENUE
FUNDS ($10,000) ($10,000)
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS ($10,000) ($10,000)
SECTION TOTALS 2005-06 2006-07
OTHER SPECIAL REVENUE
FUNDS $0 $0
__________ __________
SECTION TOTAL - ALL FUNDS $0 $0
Effective September 17, 2005.
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