Sec. 1. 22 MRSA §1551-A, sub-§1, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:

1. Retail tobacco license. It is unlawful for any person, partnership or corporation that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, to sell, or keep for sale or give away in the course of trade any tobacco products to anyone without first obtaining a retail tobacco license from the department, in accordance with this chapter.

Sec. 2. 22 MRSA §§1554-B and 1554-C are enacted to read:

§1554-B.__Free distribution

1.__Prohibition.__It is unlawful in the ordinary course of trade or other business or corporate enterprise for any person, partnership or corporation to furnish, give away or freely distribute tobacco products or to offer to furnish, give away or freely distribute tobacco products to any person.

2.__Penalty.__A violation of this section constitutes a civil violation for which a forfeiture of not less than $10 nor more than $100 may be adjudged.__An employer of a person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $1,000 may be adjudged.__In all cases of violations, the court shall impose a forfeiture that may not be suspended, except pursuant to Title 15, section 3314.

§1554-C.__Incentives prohibited

1.__Incentives prohibited.__It is unlawful in the ordinary course of trade or other business or corporate enterprise for any person, partnership or corporation to accept from a producer of tobacco products incentives to increase sales of tobacco products.__For the purpose of this section, "incentives" includes, but is not limited to:

A.__Rebates;

B.__Kickbacks;

C.__Direct payment for prominent point-of-sale displays; and

D.__Unit price reductions based on graduated higher sales volume.