§1551-A. Retail tobacco sales license required
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1.
(TEXT EFFECTIVE UNTIL 1/05/26) 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, 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.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
1.
(TEXT EFFECTIVE 1/05/26) Retail tobacco license.
It is unlawful for any person, partnership or corporation that engages in retail sales to sell, 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. The department may not issue a license under this chapter that permits the retail sale of tobacco products through vending machines.
[PL 2025, c. 367, §4 (AMD); PL 2025, c. 367, §20 (AFF).]
2.
Violation; penalty.
Penalties for violation of subchapters I and II are in accordance with those subchapters.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
3.
Enforcement.
The department shall enforce this chapter in cooperation with all law enforcement officers.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
4.
Publish laws and rules.
Every 4 years the department shall publish a compilation of laws and rules concerning retail tobacco sales.
A.
The department shall supply a copy of the compilation of laws and rules to every new tobacco retail sales licensee at no charge. The department may charge a reasonable fee for that compilation to cover the cost of producing the compilation to persons other than licensees.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
B.
The department shall notify all licensees of changes in the tobacco laws and rules within 90 days of adjournment of each regular session of the Legislature.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
(1)
The department shall supply a copy of the new laws and rules at no charge when requested by licensees.
(2)
The department shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
5.
Report.
[PL 2011, c. 657, Pt. AA, §59 (RP).]
6.
(TEXT EFFECTIVE 4/01/26) Pharmacies and retail establishments with a pharmacy ineligible for retail tobacco license; civil penalty; transfer of funds.
This subsection governs pharmacies and retail establishments containing a pharmacy.
A.
A pharmacy is ineligible for a retail tobacco license. A pharmacy that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, and sells, keeps for sale or gives away in the course of trade any tobacco products to anyone commits a civil violation for which a fine of not more than $2,000 may be adjudged. Each day a pharmacy is in violation of this paragraph constitutes a separate offense.
[PL 2025, c. 493, §2 (NEW); PL 2025, c. 493, §4 (AFF).]
B.
A retail establishment containing a pharmacy is ineligible for a retail tobacco license. A retail establishment containing a pharmacy that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, and sells, keeps for sale or gives away in the course of trade any tobacco products to anyone commits a civil violation for which a fine of not more than $2,000 may be adjudged. Each day a retail establishment containing a pharmacy is in violation of this paragraph constitutes a separate offense.
[PL 2025, c. 493, §2 (NEW); PL 2025, c. 493, §4 (AFF).]
[PL 2025, c. 493, §2 (NEW); PL 2025, c. 493, §4 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 2011, c. 657, Pt. AA, §59 (AMD). PL 2025, c. 367, §4 (AMD). PL 2025, c. 367, §20 (AFF). PL 2025, c. 493, §2 (AMD). PL 2025, c. 493, §4 (AFF).