1-C.__Delivery service.__"Delivery service" means a person, including the United States Postal Service, who is engaged in the commercial delivery of letters, packages or other containers.

2-A.__Person.__"Person" means an individual, corporation, partnership or unincorporated association.

2-B.__Tobacco distributor.__"Tobacco distributor" or "distributor" means a person licensed as a distributor under Title 36, chapter 704.

3-A.__Tobacco retailer.__"Tobacco retailer" or "retailer" means a person located within or outside the State who sells tobacco products to a person in the State for personal consumption.

Sec. 2. 22 MRSA §§1555-C and 1555-D are enacted to read:

§1555-C.__Delivery sales of tobacco products

The following requirements apply to delivery sales of tobacco products within the State.

1.__License required.__It is unlawful for any person to accept an order for a delivery sale of tobacco products to a consumer in the State unless that person is licensed under this chapter as a tobacco retailer.__The following penalties apply to violations of this subsection.

A.__A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than $1,500 may be adjudged for each violation.

B.__A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection 2, 3 or 4 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged.

2.__Requirements for accepting order for delivery sale.__The following provisions apply to acceptance of an order for a delivery sale of tobacco products.

A.__When accepting the first order for a delivery sale from a consumer, the tobacco retailer shall obtain the following information from the person placing the order: