10- 144 C.M.R. ch. 203, § 10

Current through 2024-51, December 18, 2024

Section 144-203-10 - DELIVERY SALES OF PREMIUM CIGARS

The following requirements apply to delivery sales of premium cigars within the State.

A. License required. It is unlawful for any person to accept an order for a delivery sale of premium cigars 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.

1. 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.

2. A person who violates this subsection having been previously adjudicated of a violation of either 22 M.R.S.A. §1555-C(2), (4) or subsection (B), (C), or (D) of this section commits a civil violation for which a fine of not less than $1,000 more than $5,000 may be adjudged.

B. Requirements for accepting order for delivery sale. The following provisions apply to acceptance of an order for a delivery sale of tobacco products.

1. 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:

a. A copy of a valid government-issued document that provides the person's name, current address, photograph and date of birth; and

b. An original written statement signed by the person documenting that the person:

1 Is of legal age to purchase tobacco products in the State;

2 Understands that providing false information may constitute a violation of law; and

3 Understands that it is a violation of law to purchase premium cigars for subsequent resale or for delivery to persons who are under the legal age to purchase tobacco products.

2. If an order is made as a result of advertisement over the Internet, the tobacco retailer shall request the e-mail address of the purchaser and shall receive payment by credit card or check prior to shipping.

3. Prior to shipping premium cigars, the tobacco retailer shall verify the information provided under paragraph 1 against a commercially available database derived solely from government records consisting of age and identity information, including date of birth.

4. 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.

5. A person who violates this subsection after having been previously adjudicated of a violation of this subsection or subsection A, C or D commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged.

C. Requirements for shipping a delivery sale. The following provisions apply to a tobacco retailer shipping premium cigars pursuant to a delivery sale.

1. The tobacco retailer shall clearly mark the outside of the package of tobacco products to be shipped to indicate that the contents are tobacco products and to show the name and State of Maine tobacco license number of the tobacco retailer. Such marking shall, at a minimum, appear on the same plane of the package as the shipping label that identifies the delivery address.

2. The delivery instructions must clearly indicate the requirements of this subsection and must declare that state law requires compliance with the requirements.

3. 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.

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

D. Reporting requirements. No later than the 10th day of each calendar month, a tobacco retailer that has made a delivery sale of tobacco products or shipped or delivered tobacco products into the State in a delivery sale in the previous calendar month shall file with the Department of Administrative and Financial Services, Bureau of Revenue Services a memorandum or a copy of each invoice that provides for each delivery sale the name and address of the purchaser and the brand or brands and quantity of tobacco products sold. A tobacco retailer that meets the requirements of 15 United States Code, Section 375et seq. (1955) satisfies the requirements of this subsection. The following penalties apply to violations of this subsection.

1. 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.

2. A person who violates this subsection after having been previously adjudicated of a violation of this subsection or subsection 1, 2, or 3 of 22 M.R.S.A. §1555-C or subsections A, B, or C of this section commits a civil violation for which a fine of not less than $1,000 nor more than $5,000 may be adjudged.

a. Unlawful ordering. It is unlawful to submit ordering information for premium cigarsby delivery sale under 22 M.R.S.A. §1555-C(A) or subsection 10(B)(1) of these rules in the name of another person. A person who violates this subsection commits a civil violation for which a fine of more than $10,000 may be adjudged.

b. Forfeiture. Any premium cigar sold or attempted to be sold in a delivery sale that does not meet the requirements of this section is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title 36, section 4372-A.

c. Enforcement. The Attorney General may bring an action to enforce this Section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation of this section is a violation of the Maine Unfair Trade Practices Act.

10- 144 C.M.R. ch. 203, § 10