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1995 SESSION
LD0303112Be 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 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
$100 for any subsequent violation. If, however, any subsequent violation
is based on a sale from a vending machine, such civil penalty shall be $250.
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 distributed 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.