Section 144-203-1 - DEFINITIONSAs used in these rules, unless the context otherwise indicates, the following terms have the following meanings.
A.Adult means any individual 21 years of age or older.B. Applicant means any person 18 years of age or older or any partnership or corporation where the partners or managing officers are 18 years of age or older.C.Cigarette Paper means those papers or paper-like products used to roll cigarettes, which by advertising, design or use facilitate the use of tobacco or other products for inhalation.D.Consumermeans an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale.E.Delivery Service means a person, including the United States Postal Service, who is engaged in the commercial delivery of letters, packages or other containers.F. Department means the Department of Health and Human Services.G.Gross Revenue means the total sales of the business, excluding motor fuel oil sales.H.Juvenile means any person who is younger than 18 years of age.I. Motor Fuel Oil means internal combustion fuel sold for use in motor vehicles as defined in Title 29-A, section 101, subsection 42. J. Person means an individual, corporation, partnership or unincorporated association.K.Premium Cigar means a cigar that weighs more than 3 pounds per 1,000 and is wrapped in whole tobacco leaf.L.Premium Cigar Delivery Sale means a sale of premium cigars to a consumer in this State when: The purchaser submits the order for the sale by means of telephonic or other electronic method of voice transmission, the Internet or any delivery service; or The premium cigars are delivered by use of a delivery service. A sale to a person who is not licensed as a tobacco distributor or tobacco retailer is a delivery sale.
M. Retail Tobacco I License means a license issued to an applicant whose annual gross revenue from total cigarette / tobacco sales within the prior calendar year is less than 30% of total sales.N. Retail Tobacco II License means a license issued to an applicant whose annual gross revenue from total cigarette / tobacco sales within the prior calendar year is equal to or greater than 30% of total sales, but is 50% or less of total sales.O. Retail Tobacco III License means a license issued to an applicant whose annual gross revenue from total cigarette / tobacco sales within the prior calendar year is greater than 50% total sales.P. Seasonal Mobile Fair Tobacco Vendor means a person who sells tobacco products at two or more fairs, festivals or exhibitions during the agricultural fair season.Q. Seasonal Mobile Fair Tobacco Vendor License means a retail tobacco license issued to an applicant who is a seasonal mobile fair tobacco vendor that operates at two or more agricultural fairs, festivals or exhibitions held during the agricultural fair season.R. Tobacco Distributor or "distributor" means a person licensed as a distributor under 36 MRSA, chapter 704.S. Tobacco Products means any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes.T. 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.U.Tobacco Specialty Store means a retail businessunder 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.V. Tobacco Vending Machine License means a license issued to an applicant who sells tobacco products through a vending machine.W.Vending Machine means any automated, self-service device that upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.10- 144 C.M.R. ch. 203, § 1