Chapter
336
2005 -- S 0585 AS AMENDED
Enacted 07/19/05
A N A C T
RELATING TO CHILDREN
Introduced By: Senator Michael J. McCaffrey
Date
Introduced: February 10, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Section 11-9-13.13 of the General Laws in Chapter 11-9 entitled
"Children"
is
hereby amended to read as follows:
11-9-13.13.
Nature and size of penalties. -- (a) Any person or individual that
violates a
requirement
of section 11-9-13.6(2), display of specific signage, shall be subject to a
fine in court
of not
less than thirty-five dollars ($35.00) nor more than five hundred dollars
($500) per civil
violation.
(b) The license holder is responsible for all violations of this section that
occur at the
location
for which the license is issued. Any license holder that violates the
prohibition of section
11-9-13.8(1)
and/or (2) shall be subject to civil fines as follows:
(1) A fine of two hundred fifty dollars ($250) for the first violation within any
thirty-six
(36)
month period;
(2) A fine of five hundred dollars ($500) for the second violation within any
thirty-six
(36)
month period;
(3) A fine of one thousand dollars ($1,000) and a fourteen (14) day suspension
of the
license
to sell tobacco products for the third violation within any thirty-six (36)
month period;
(4) A fine of one thousand five hundred dollars ($1,500) and a ninety (90) day
suspension
of the license to sell tobacco products for each violation in excess of three
(3).
(c) Any person that violates a prohibition of section 11-9-13.8(3), sale of
single
cigarettes;
section 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a
penalty of
five
hundred dollars ($500) for each violation.
(d) The department of taxation shall not issue a license to any individual,
business, firm,
association,
or corporation the license of which has been revoked or suspended, to any
corporation
an officer of which has had his or her license revoked or suspended, or to any
individual
who is or has been an officer of a corporation the license of which has been
revoked or
suspended
so long as such revocations or suspensions are in effect.
(e) The court may shall suspend the imposition of a license
suspension of the license
secured
from the Rhode Island tax administrator for violation of subdivisions (b)(3)
and (b)(4) of
this
section if the court finds that the license holder has taken measures to
prevent the sale of
tobacco
to minors and the license holder can demonstrate to the court that those
measures have
been
taken and that employees have received training. No person shall sell
tobacco products, at
retail,
without first being trained in the legal sale of tobacco products. Training
shall teach
employees
what constitutes a tobacco product, legal age of purchase, acceptable
identification,
how
to refuse a direct sale to a minor or secondary sale to an adult, and all
applicable laws on
tobacco
sales and distribution. Dealers shall maintain records indicating that the
provisions of this
section
were reviewed with all employees who conduct or will conduct tobacco sales.
Each
employee
who sells or will sell tobacco products shall sign an acknowledgement form
attesting
that the
provisions of this section were reviewed with him/her. Each form shall be
maintained by
the
retailer for as long as the employee is so employed and for no less than one
year after
termination
of employment. The measures to
prevent the sale of tobacco to minors shall be
defined
by the department of mental health, retardation and hospitals in rules and
regulations.
SECTION 2. This act
shall take effect upon passage.
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LC01617
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