Bill No.
41-15
Concerning: Health - Distribution of
Tobacco Products to Minors -
Penalties
Revised: 10-20-15
Draft No. 5
Introduced:
September 29, 2015
Enacted:
November 17. 2015
Executive:
November 22. 2015
February 21. 2016
Effective:
Sunset Date:
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Ch.
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Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Rice
Co-Sponsors: Council President Leventhal, Council Vice President Floreen, and Councilmembers
Elrich, Navarro, Rucker, Katz, Riemer, and Berliner
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
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Heading or defined term.
Addr:;_d 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 unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 41-15
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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,
including cigarettes, cigars, smoking tobacco, snuff, or smokeless
tobacco.
(2)
Distribute means to:
(A)
(B)
(C)
give away, sell, deliver, dispense, or issue;
offer to give away, sell, deliver, dispense, or issue; or
cause or hire any person to give away, sell, deliver,
dispense, or issue or offer to give away, sell, deliver,
dispense, or issue.
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(b)
Unlawful distribution.
( 1)
A person engaged m 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 is
engaged in the business of distributing tobacco products;
(ii)
(iii)
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distribute cigarette rolling papers to a minor; or
distribute to a minor a coupon redeemable for any tobacco
product.
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(2)
A person, who is not a person described under paragraph (b)(1 ),
must not:
(i)
(ii)
buy for or sell to a minor any tobacco product; or
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
(2)
that license or other identification positively identified the buyer or
recipient of a tobacco product as at least 18 years old.
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(
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.
(f)
A person who violates this Section is liable for a [class A] civil violation.
The maximum civil fine is $1000 for
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first offense and $1000 for each
subsequent offense.
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BILL
No. 41-15
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Approved:
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George Leventhal, President, County Council
Date
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Approved:
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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