SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
962213358Patrons-- Mims, Albo, Almand, Bloxom, Brickley, Callahan, Connally, Cranwell, Darner, Dillard, Fisher, Harris, Hull, Keating, Landes, May, McClure, McDonnell, Moran, Morgan, Murphy, Nelms, O'Brien, Parrish, Plum, Putney, Scott, Van Yahres, Watts and Wilkins; Senators: Gartlan, Howell, Quayle, Ticer, Waddell, Whipple and Woods
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, 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. Where any tobacco product is sold from a vending machine notice 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. No person shall sell or distribute a tobacco product to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least eighteen years of age. Such identification is not required from an individual whom the retailer has reason to believe is at least 30 years of age; provided that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product to an individual under the age of eighteen.
CD. A violation of subsection A
or, B, or C by an individual or by a
separate retail establishment shall be punishable by a civil penalty not to
exceed fifty dollars for a first violation and a civil penalty not to exceed
$100 for a second 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, or C.
DE. 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 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.
EF. Nothing in this section shall be construed to create
a private cause of action.