Synopsis As Introduced Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. Provides that every tobacco product must be displayed from behind a sales or service counter so that a consumer cannot access tobacco products without assistance by an employee of the retail establishment authorized to sell tobacco products. Exempts the sale of tobacco products from vending machines if the vending machines are located in places authorized under the Sale of Tobacco to Minors Act. Provides that a violation is a petty offense for which the court shall impose a fine of not less than $100 nor more than $1,000. Exempts retail tobacco stores from the self-service restriction on tobacco product displays provided that the retail tobacco store (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 18 to enter the premises; and (iii) posts a sign on the main entrance way stating that persons under the age of 18 are prohibited from entering.
Balanced Budget Note (Bureau of the Budget)
It is not possible to complete this Note as requested.
Fiscal Note (State Police)
No fiscal costs.
House Floor Amendment No. 2 Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location unless the tobacco products are displayed from behind a sales or service counter or in an age restricted area of a retail establishment or in an enclosed display case so that a consumer cannot access tobacco products without the assistance of an employee of the retail establishment authorized to sell tobacco products. Defines "age restricted area" as an enclosed designated area in a retail establishment that is directly visible to the cashier, separated from the other areas of the establishment, with a single separate entrance to which no one under 18 years of age is allowed to enter. Retains the same exemption for specified stores that was in the introduced bill. Excludes "cartons of cigarettes" from the definition of "tobacco products".
Home Rule Note (Dept of Commerce and Community Affairs)
HB 318 relates to the sale of tobacco products. The legislation does not contain language indicating a pre-emption of home rule powers and functions. Therefore, in the opinion of DCCA, HB 318 does not pre-empt home rule authority.
State Mandates Fiscal Note (Dept of Commerce and Community Affairs)
HB 318 does not create a State Mandate under the State Mandates Act.
Senate Committee Amendment No. 1 Changes the elements of the offense. Provides that it is unlawful for any person who sells tobacco products over the counter to maintain such products in any location accessible to customers that is not within the line of sight, or under the control, of a cashier or other employee during regular business hours, except that this condition does not apply to: (i) business establishments to which persons under the age of 18 are not admitted or to which such persons are not admitted unless accompanied by a parent or other adult, or (ii) tobacco specialty stores.