It is enacted by the General Assembly as follows:

SECTION 1. Section 11-9-13.1 of the General Laws in Chapter 11-9 entitled "Children" is hereby amended to read as follows:

11-9-13.1. Cigarette and tobacco vending machines -- (a) No cigarettes nor any other tobacco product shall be sold from any device or vending machine which is in an area not continuously supervised and in direct line of sight of an authorized person employed by the person, firm, or corporation that owns the business on the premises where the device or vending machine is located. That device or vending machine shall be equipped with an electronic locking device which will not allow it to dispense a pack of cigarettes, or any other tobacco product, unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person employed by the person, firm, or corporation that owns the business on the premises where it is located. Direct line of sight shall mean that the vending machine and the purchaser of cigarettes must be visible to the authorized person pressing the unlock button while the unlock button is being activated. A locking device is not required in an establishment licensed to sell alcoholic beverages which limits access to persons over the age of twenty one (21) years.

(b) No cigarettes or any other tobacco product shall be sold from any device or vending machine from which non-tobacco products are sold.

(c) No cigarettes shall be sold in packs which contain fewer than twenty (20) cigarettes.

(d) Any person, firm, or corporation who owns a business where a device or vending machine for cigarettes or any other tobacco product is located who violates any of the provisions of subsections (a) and (b) shall for the first offense be fined seventy-five dollars ($75.00), for the second offense be fined one hundred fifty dollars ($150), and for the third and any subsequent offense be fined five hundred dollars ($500). If there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as the first offense.

(e) Any person, firm or corporation who violates subsection (c) shall for the first offense be fined seventy-five dollars ($75.00), for the second offense one hundred fifty dollars ($150), and for the third and any subsequent offense five hundred dollars ($500). If there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as the first offense.

(f) One-half ( 1/2) of all fines collected pursuant to this section shall be transferred to the municipalities in which the citations originated. One-half ( 1/2) of all the fines collected pursuant to this section shall be transferred to the general fund.

(g) If any provisions of this section or the application of them to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

SECTION 2. This act shall take effect upon passage.