Title 22, §1551-A: Retail tobacco license required

§1551-A. Retail tobacco license required

1. Retail tobacco license. It is unlawful for any person, partnership or corporation that engages in retail sales to sell, keep for sale or give away in the course of trade any tobacco products to anyone without first obtaining a retail tobacco license from the department, in accordance with this chapter. The department may not issue a license under this chapter that permits the retail sale of tobacco products through vending machines.

[PL 2025, c. 367, §4 (AMD); PL 2025, c. 367, §20 (AFF).]

2. Violation; penalty. Penalties for violation of subchapters I and II are in accordance with those subchapters.

[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

3. Enforcement. The department shall enforce this chapter in cooperation with all law enforcement officers.

[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

4. Publish laws and rules. Every 4 years the department shall publish a compilation of laws and rules concerning retail tobacco sales.

A. The department shall supply a copy of the compilation of laws and rules to every new tobacco retail sales licensee at no charge. The department may charge a reasonable fee for that compilation to cover the cost of producing the compilation to persons other than licensees. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

B. The department shall notify all licensees of changes in the tobacco laws and rules within 90 days of adjournment of each regular session of the Legislature.

(1) The department shall supply a copy of the new laws and rules at no charge when requested by licensees.

(2) The department shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee. [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]

5. Report.

[PL 2011, c. 657, Pt. AA, §59 (RP).]

6. Pharmacies and retail establishments with pharmacy ineligible for retail tobacco license; civil penalty; transfer of funds. This subsection governs pharmacies and retail establishments containing a pharmacy.

A. A pharmacy is ineligible for a retail tobacco license. A pharmacy that engages in retail sales and sells to anyone or keeps for sale any tobacco products commits a civil violation for which a fine of not more than $2,000 may be adjudged. Each day a pharmacy is in violation of this paragraph constitutes a separate offense. [PL 2025, c. 580, §2 (AMD).]

B. Except as provided in subsection 7, a retail establishment containing a pharmacy is ineligible for a retail tobacco license. A retail establishment containing a pharmacy that engages in retail sales and sells to anyone or keeps for sale any tobacco products commits a civil violation for which a fine of not more than $2,000 may be adjudged. Each day a retail establishment containing a pharmacy is in violation of this paragraph constitutes a separate offense. [PL 2025, c. 580, §2 (AMD).]

[PL 2025, c. 580, §2 (AMD).]

7. Exception to prohibition on license for retail establishments with pharmacy. Subsection 6, paragraph B does not apply to a retail establishment containing a pharmacy if the following conditions are satisfied:

A. The retail establishment has no more than 26,000 square feet of indoor customer-accessible sales area at the location for which the retail establishment is seeking a retail tobacco license; [PL 2025, c. 580, §3 (NEW).]

B. The retail establishment is operated primarily as a grocery store; [PL 2025, c. 580, §3 (NEW).]

C. The pharmacy located on the premises of the retail establishment operates in a separately demised, leased space under a written lease and holds a separate pharmacy license; [PL 2025, c. 580, §3 (NEW).]

D. The pharmacy was established by lease agreement within the retail establishment at the same geographic location prior to July 7, 2025; [PL 2025, c. 580, §3 (NEW).]

E. All tobacco sales made by the retail establishment occur outside the pharmacy's leased premises, through the retail establishment's separate point-of-sale system and from the retail establishment's separate inventory; and [PL 2025, c. 580, §3 (NEW).]

F. The retail establishment complies with all other provisions of this chapter. [PL 2025, c. 580, §3 (NEW).]

For the purposes of this subsection, "customer-accessible sales area" means the total floor area open to customers for display and sale of merchandise. "Customer-accessible sales area" does not include stockrooms, offices, restrooms, mechanical rooms or the pharmacy's demised premises.

For the purposes of this subsection, "grocery store" means a retail food store that offers for sale a variety of foods for home preparation and consumption, including perishable items, and derives a substantial portion of sales from food.

[PL 2025, c. 580, §3 (NEW).]

SECTION HISTORY

PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 2011, c. 657, Pt. AA, §59 (AMD). PL 2025, c. 367, §4 (AMD). PL 2025, c. 367, §20 (AFF). PL 2025, c. 493, §2 (AMD). PL 2025, c. 493, §4 (AFF). PL 2025, c. 580, §§1-3 (AMD).