10- 144 C.M.R. ch. 203, § 6

Current through 2024-51, December 18, 2024
Section 144-203-6 - SALES OF TOBACCO PRODUCTS
A. 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. Premium Cigars may be sold in a delivery sale under procedures required by 22 MRSA §1555-C and Section 10 of these Rules.
B. Sales to minors prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under 18 years of age. Tobacco products may not be sold at retail to any personunder 27 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth.
C. Wholesale sales. Tobacco products may be distributed at wholesale without a face-to-face exchange only in the normal course of trade and under procedures approved by the Bureau of Revenue Services to ensure that tobacco products are not provided to any person under 18 years of age.
D. Manner of displaying and offering for sale.Tobacco products may be displayed or offered for sale only in a manner that does not allow the purchaser direct access to the tobacco products. The requirements of this subsection do not apply to the display or offering for sale of tobacco products in multi-unit packages of 10 or more units, in tobacco specialty stores or in locations in which the presence of minors is generally prohibited. This requirement does not preempt a municipal ordinance that provides for more restrictive regulation of the sale of tobacco products.
E. Civil violation. It is a civil violation for any person, firm, or corporation to knowingly distribute or sell cigarettes or any other tobacco product from a vending machine to a personunder 18 years of age.
F. Penalties. Any person who violates subsections A through E commits a civil violation for which a fine of not less than $50 nor more than $1500, plus court costs, may be adjudged for any one offense. Any employer of a person who violates this subsection commits a civil violation for which a fine of not less than $50 nor more than $1500, plus court costs, may be adjudged for any one offense. In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to 15 MRSA §3314.
G. Vending machines. In addition to the tobacco license required in subsection 2, the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions:
1. Only cigarettes or other tobacco products may be dispensed by that machine.
2. A sign with lettering at least 3/8 inches in height stating 'WARNING. It is unlawful for any person under the age of 18 to purchase cigarettes in this State" must be affixed conspicuously to the front of the machine.
3. At all times during the hours the vending machine is accessible it must be located within the unobstructed line of sight and under the direct supervision of an adult. That adult is responsible for preventing persons under 18 years of age from purchasing cigarettes or any other tobacco product from that vending machine.
4. Vending machines may be located only in areas in which minors are allowed by law only when accompanied by an adult.
5. Any person, firm or corporation, in control of a facility in which a vending machine is located, who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged or for which the person, firm or corporation may be prohibited for a period of not more than 6 months from having a cigarette vending machine located on the premises or both.

10- 144 C.M.R. ch. 203, § 6