SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1996 SESSION

962213358
HOUSE BILL NO. 1416
Offered January 22, 1996
A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia, relating to purchase of tobacco products by minors.
----------

Patrons-- 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
----------
Referred to Committee for Courts of Justice
----------

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.