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| 1 | AMENDMENT TO HOUSE BILL 4302
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| 2 | AMENDMENT NO. ______. Amend House Bill 4302 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Display of Tobacco Products Act. | ||||||
| 6 | Section 5. Definitions. In this Act:
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| 7 | "Age restricted area" means an enclosed designated area
in | ||||||
| 8 | a retail establishment that is directly visible to the
cashier, | ||||||
| 9 | separated from the other areas of the establishment,
with a | ||||||
| 10 | single separate entrance through which no one under 18
years of | ||||||
| 11 | age is allowed to enter.
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| 12 | "Tobacco product" means a cigar, loose tobacco,
cigarette, | ||||||
| 13 | packs of cigarettes, or smokeless tobacco,
excluding cartons of | ||||||
| 14 | cigarettes.
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| 15 | "Smokeless tobacco" means any tobacco product that is
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| 16 | suitable for dipping or chewing.
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| 17 | Section 10. Tobacco product displays. | ||||||
| 18 | (a) It is unlawful to sell, offer for sale, give away,
or | ||||||
| 19 | display tobacco products for sale at any location unless
the | ||||||
| 20 | tobacco products are displayed from behind a sales or
service | ||||||
| 21 | counter or in an age restricted area of a retail
establishment | ||||||
| 22 | or in an enclosed display case so that a
consumer cannot access | ||||||
| 23 | tobacco products without the
assistance of an employee of the | ||||||
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| 1 | retail establishment
authorized to sell tobacco products. At | ||||||
| 2 | the entrance of the
age restricted area shall be posted a | ||||||
| 3 | legible sign at least
12 inches high by 12 inches wide stating:
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| 4 | "Age Restricted Area. No One Under the Age of 18
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| 5 | Permitted to Enter."
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| 6 | (b) The restrictions described in subsection (a) do not
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| 7 | apply to a retail tobacco store that (i) derives at least 90%
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| 8 | of its revenue from tobacco and tobacco related products;
(ii) | ||||||
| 9 | does not permit persons under the age of 18 to enter the
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| 10 | premises; and (iii) posts a sign on the main entrance way
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| 11 | stating that persons under the age of 18 are prohibited from
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| 12 | entering. | ||||||
| 13 | (c) A minor under 18 years of age may not sell any cigar, | ||||||
| 14 | cigarette, smokeless tobacco, or tobacco in any of its forms at | ||||||
| 15 | a retail establishment. This subsection (c) does not apply to a | ||||||
| 16 | sales clerk in a family-owned business that can prove that the | ||||||
| 17 | sales clerk is the son or daughter of the owner.
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| 18 | Section 15. Vending machines. This Act does not prohibit
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| 19 | the sale of tobacco products from vending machines if the
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| 20 | location of the vending machines are in compliance with the
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| 21 | provisions of Section 1 of the Sale of Tobacco to Minors Act.
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| 22 | Section 20. Sentence. A violation of this Act is a petty
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| 23 | offense for which the court shall impose a fine of not less
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| 24 | than $100 nor more than $1,000.".
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