Chapter 386

2005 -- H 5386 SUBSTITUTE A

Enacted 07/19/05

A N A C T

RELATING TO CHILDREN

Introduced By: Representative Donald J. Lally

Date Introduced: February 09, 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association, or corporation the license of which has been revoked or suspended, to any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individual who is or has been an officer of a corporation the license of which has been revoked or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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LC01587/SUB A

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