LD 885
pg. 1
LD 885 Title Page An Act To Discourage Further the Sale of Tobacco to Minors Page 2 of 2
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LR 1138
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §1541, sub-§7 is enacted to read:

 
7.__Tobacco specialty store.__"Tobacco specialty store" means
a retail business under 2,000 square feet in which at least 60%
of the business's gross revenue for the last calendar year was
derived from the sale of tobacco or tobacco-related products.__A
tobacco specialty store may not permit anyone under 18 years of
age to enter the premises, regardless of whether or not smoking
is allowed.

 
Sec. 2. 22 MRSA §1542, sub-§2, ¶L, as enacted by PL 1993, c. 342, §1
and affected by §9, is amended to read:

 
L. Smoking is not prohibited in a retail store under 2,000
square feet that primarily sells tobacco or tobacco-related
products tobacco specialty store.

 
Sec. 3. 22 MRSA §1555-B, sub-§1, as enacted by PL 1997, c. 305, §5, is
amended to read:

 
1. Retail sales. Tobacco products may be sold at retail only
in a direct, face-to-face exchange in which the purchaser may be
clearly identified and through the mail under procedures approved
by the department to provide reliable verification that the
purchaser is not a minor. For direct, face-to-face sales,
employees who sell tobacco products must be at least 17 years of
age.__An employee who is at least 17 years of age but less than
21 years of age may sell tobacco products only in the presence of
an employee who is at least 21 years of age and is in a
supervisory capacity.

 
Sec. 4. 22 MRSA §1558, sub-§8, ¶A, as enacted by PL 1995, c. 470, §9
and affected by §19 and amended by PL 2003, c. 689, Pt. B, §6, is
further amended to read:

 
A. The District Court shall maintain a record of all fines
received by the court. Any fines received must be credited
as follows: 1/2 to the Department of Health and Human
Services in the a nonlapsing account established in section
1552, subsection 4 to be used by the department to defray
administrative costs of retail tobacco licensing and 1/2 to
a nonlapsing account to be distributed twice a year to law
enforcement agencies used by the Attorney General to support
enforcement and responsible retailing education programs.
Annually, the court shall report to the Office of Substance
Abuse the total amount of fines collected and to whom and in
what amounts the collected fines were dispersed.


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