Section 28-11-8

Failure to obtain or display permit.

(a) It shall be unlawful for any person to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining and displaying a valid permit by January 1, 1998, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of tobacco products at retail or in vending machines or self-service displays of the requirements of this law. Failure to obtain or display a valid permit pursuant to this chapter after January 1, 1998, shall constitute a misdemeanor offense.

(b) It shall be unlawful for any person to sell or offer for sale electronic nicotine delivery systems or alternative nicotine products without first obtaining the appropriate permit from the board. Failure to obtain or display a valid permit by October 30, 2019, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of alternative nicotine products at retail or in vending machines or self-service displays of the requirements of this law. Selling or offering for sale electronic nicotine delivery systems or alternative nicotine products without obtaining and displaying a valid permit issued pursuant to this chapter by October 30, 2019, shall be a Class C misdemeanor.

(c) Each violation for selling tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products without a valid permit shall be treated as a separate offense and be punishable as follows: For the first violation by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for each subsequent violation by a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500).

(Acts 1997, No. 97-423, p. 721, §8; Act 2009-578, p. 1697, §1; Act 2019-233, §2.)