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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-371.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-371.2. Prohibiting purchase or possession of tobacco products by minors or sale of tobacco products to minors.
A. No person shall sell to, distribute to or , purchase for
or knowingly permit the purchase by any person less than eighteen
years of age, knowing or having reason to believe that such person is less
than eighteen years of age, any tobacco product, including but not limited to
cigarettes and cigars. However, the provisions of this subsection shall
not apply to the sale of Where any tobacco product is
sold from a vending machine provided notice is shall
also be posted on the machine in a conspicuous manner and place
indicating that the purchase or possession of tobacco products by minors is
unlawful.
B. No person less than eighteen years of age shall purchase or possess any tobacco product including but not limited to cigarettes and cigars. The provisions of this subsection shall not be applicable to the possession of tobacco products by a person less than eighteen years of age making a delivery of tobacco products in pursuance of his employment.
C. A violation of subsection A or B by an individual or by a separate retail
establishment shall be punishable by a civil penalty not to exceed $50
fifty dollars for a first violation and a civil penalty of
not to exceed $100 for a second any subsequent
violation. However, a third or subsequent violation of subsection A shall
be punishable by a civil penalty not to exceed $250. A third or subsequent
violation of subsection B shall be punishable by a civil penalty not to
exceed $100. Any attorney for the Commonwealth of the county or city in
which an alleged violation occurred may bring an action to recover the civil
penalty, which shall be paid into the state treasury. Any law-enforcement
officer may issue a summons for a violation of subsection A or B.
D. Cigarettes shall be sold only in sealed packages provided by the
manufacturer, with the required health warning. The proprietor of every
retail establishment which offers for sale any tobacco product, including but
not limited to cigarettes and cigars, shall post in a conspicuous manner and
place a sign or signs indicating that the sale of tobacco products to any
person under eighteen years of age is prohibited by law. Any attorney for the
county, city or town in which an alleged violation of this subsection
occurred may enforce this subsection by civil action to recover a civil
penalty not to exceed $50 fifty dollars. The civil penalty
shall be paid into the local treasury. No filing fee or other fee or cost
shall be charged to the county, city or town which instituted the action.
E. Nothing in this section shall be construed to create a private cause of action.