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1997 SESSION

973281649
SENATE BILL NO. 1147
Offered January 20, 1997
A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia, relating to the sale of cigarette papers to minors; penalty.
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Patrons-- Earley and Quayle
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Referred to the Committee for Courts of Justice
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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, cigarette papers or any tobacco product, including but not limited to cigarettes and cigars. No cigarette papers or tobacco product may be sold from a vending machine (i) except in compliance with subsection E and (ii) unless notice is posted on the machine in a conspicuous manner and place indicating that the purchase or possession of cigarette papers or tobacco products by minors is unlawful.

B. No person less than eighteen years of age shall purchase or possess cigarette papers or any tobacco product including but not limited to cigarettes and cigars. The provisions of this subsection shall not be applicable to the possession of cigarette papers or tobacco products by a person less than eighteen years of age making a delivery of cigarette papers or tobacco products in pursuance of his employment.

C. No person shall sell cigarette papers or 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 eighteen years of age or whom the person knows is at least eighteen years of age. Proof that the person demanded, was shown, and reasonably relied upon a photo identification stating that the individual was at least eighteen years of age shall be a defense to any action brought under this subsection. In determining whether a person had reason to believe an individual is at least eighteen years of age, the trier of fact may consider, but is not limited to, proof of the general appearance, facial characteristics, behavior and manner of the individual.

This subsection shall not apply to mail order sales.

D. A violation of subsection A, 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, and the judge in his discretion may enter an order pursuant to subdivision 9 of § 16.1-278.8. 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, B, or C.

E. 1. 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 cigarette papers or 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 cigarette papers or 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.

2. No person shall operate a vending machine which dispenses cigarette papers or tobacco products unless such a machine is located in:

a. A place that is not open to the general public and is not generally accessible to minors; or

b. A place that is open to the general public. Such a vending machine shall be inside the establishment and unless the vending machine is at least ten feet from any public entrance to the establishment, or the sale of a token is required to operate such a machine, it shall be placed within the normal unobstructed line of sight of the proprietor or his employees.

3. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.

4. 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 $100. 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.

F. Nothing in this section shall be construed to create a private cause of action.