Agenda Item 9C
September 29, 2015
Introduction
MEMORANDUM
September 25,2015
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
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..
SUBJECT:
Introduction:
Bill 41-15, Health - Distribution of Tobacco Products to Minors-
Penalties
Bill 41-15, Health Distribution of Tobacco Products to Minors - Penalties, sponsored by
Lead Sponsor Councilmember Rice and Co-Sponsors Council President Leventhal and Council
Vice President Floreen, is scheduled to be introduced on September 29,2015. A public hearing is
tentatively scheduled for October 20,2015 at 1:30 p.m.
Distributing a tobacco product to minor already violates County law. The current
maximum penalty is a Class A civil violation, punishable by a fme of $500 for a first offense and
$750 for a subsequent offense. Md. Local Gov't Code, §10-202(b) authorizes the County to
enforce a County law by a civil fine not exceeding $1000. Bil141-15 would increase the maximum
civil fine for distributing a tobacco product to a minor
to
$1000 for a first offense and $1000 for a
subsequent offense.
Distributing a tobacco product to a minor is also a misdemeanor under Md. Criminal Law
Code, § 10-1 07, punishable by a fine of $300 for a first offense, $1000 for a second offense, and
$3000 for each subsequent offense within 2 years after the preceding offense.
An
enforcement
official would have the option of citing a violator under the State Criminal Law or under the
County law.
This packet contains:
Bill 41-15
Legislative Request Report
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Bill No.
41-15
Concerning: Health - Distribution of
Tobacco Products to Minors ­
Penalties
Revised: 9-24-15
Draft No. 3
Introduced:
September 29, 2015
Expires:
March 29, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _-:-:-:----:':--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilrnember Rice
Co-Sponsors: Council President Leventhal and Council Vice President Floreen
AN ACT to:
(1)
(2)
increase the maximum civil fine for distributing a tobacco product to a minor; and
generally amend the law prohibiting the distribution of a tobacco product
to
a minor.
By amending
Montgomery County Code
Chapter 24, Health and Sanitation
Section 24-11
Boldface
Underlining
[Single boldface brackets]
Qouble underlining
[[Double boldface brackets]]
* * *
Heading or defined term,
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unafficted by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
41-15
1
Sec. 1. Section 24-11 is amended as follows:
24-11. Distribution of tobacco products to minors.
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(a)
Definitions. In this Section the following words have the meanings
indicated.
(1)
Tobacco product means any substance containing tobacco,
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including cigarettes, cigars, smoking tobacco, snuff, or smokeless
tobacco.
(2) Distribute means to:
(A) give away, sell, deliver, dispense, or issue;
(B) offer to give away, sell, deliver, dispense, or issue; or
(C) cause or hire any person to give away, sell, deliver,
dispense, or Issue or offer to give away, sell, deliver,
dispense, or issue.
(b) Unlawful distribution.
(1) A person engaged
ill
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the business of selling or otherwise
distributing tobacco products for commercial purposes must not:
(i)
distribute any tobacco product to a minor, unless the minor
is acting solely as the agent of the minor's employer who
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is engaged in the business of distributing tobacco products;
(ii)
distribute cigarette rolling papers to a minor; or
(iii)
distribute to a minor a coupon redeemable for any tobacco
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product.
(2) A person, who is not a person described under paragraph
(bXl),
must not:
(i)
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buy for or sell to a minor any tobacco product; or
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(ii)
deliver or sell to a minor cigarette rolling papers.
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BILL
No.
41-15
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(c)
Subsection
(b)
does not apply to the distribution of a coupon which is
redeemable for any tobacco product when the coupon is contained in a
newspaper, a magazine, or any other
type
of publication in which the
coupon is incidental to the primary purpose of the publication, or sent
through the mail.
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(d)
A person has not violated this Section if:
(1)
that person examined a driver's license or another valid
identification issued by an employer, a government entity, or an
institution of higher education; and
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(2)
that license or other identification positively identified the buyer
or recipient of a tobacco product as at least 18 years old.
(e)
If a minor bought a tobacco product from a vending machine, this
Section does not apply to the owner of the vending machine or any
other person with control over the vending machine.
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(f)
A person who violates this Section is liable for a [class A] civil
violation. The maximum civil fine is $1000 for
$1000 for each subsequent offense.
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first offense and
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Approved:
George Leventhal, President, County Council
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Approved:
Date
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Isiah Leggett, County Executive
Date
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1541
distributing tobacco to minor\bill 3.docx
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LEGISLATIVE REQUEST REPORT
Bill 41-15
Health
-
Distribution ofTobacco Products to Minors
-
Penalties
DESCRIPTION:
Bill 41-15 would increase the civil fine for a violation of County law from $500 for a
first offense and $750 for a subsequent offense to $1000 for each offense.
The penalties under County law are too low.
Eliminate the distribution oftobacco products to minors in the County.
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
Police, Department of Liquor Control
FISCAL IMPACT:
To be determined.
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
To
be
determined.
n/a
To be researched.
Robert H. Drummer, Senior Legislative Attorney
APPLICATION
WITHIN
MUNICIPALITIES:
To
be
researched.
PENALTIES:
$1000 for each offense.
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