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1996 SESSION
960387358Be 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 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 person
has reason to believe is at least [ 21 18 ]
years of age or whom the person knows is at least 18 years of age. Proof
that the person demanded, was shown, and reasonably relied upon a photo
identification stating that the individual was at least 18 years of age shall
be a defense to any action brought under this subsection.
C. D. 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.
D. E. 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.
E. F. Nothing in this section shall be construed to create a
private cause of action.