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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 262-A. RETAIL TOBACCO SALES (HEADING. PL 1995, c. 470, @9 (new))
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Title 22 - §1551-A. Retail tobacco sales license required
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 1: RETAIL TOBACCO LICENSES (HEADING: PL 1995, c. 470, @9 (new))
§1551-A. Retail tobacco sales license required
1. Retail tobacco license. It is unlawful for any person, partnership or corporation that engages in retail sales, including retail sales through vending
machines or in free distribution of tobacco products, to sell, keep for sale or give away in the course of trade any tobacco
products to anyone without first obtaining a retail tobacco license from the department, in accordance with this chapter.
[1995, c. 470, §9 (new); §19 (aff).]
2. Violation; penalty. Penalties for violation of subchapters I and II are in accordance with those subchapters.
[1995, c. 470, §9 (new); §19 (aff).]
3. Enforcement. The department shall enforce this chapter in cooperation with all law enforcement officers.
[1995, c. 470, §9 (new); §19 (aff).]
4. Publish laws and rules. Every 4 years the department shall publish a compilation of laws and rules concerning retail tobacco sales.
A. The department shall supply a copy of the compilation of laws and rules to every new tobacco retail sales licensee at no
charge. The department may charge a reasonable fee for that compilation to cover the cost of producing the compilation to
persons other than licensees.
[1995, c. 470, §9 (new); §19 (aff).]
B. The department shall notify all licensees of changes in the tobacco laws and rules within 90 days of adjournment of each
regular session of the Legislature.
(1) The department shall supply a copy of the new laws and rules at no charge when requested by licensees.
(2) The department shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee.
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 470, §9 (new); §19 (aff).]
5. Report. The department shall report annually to the Office of Substance Abuse the number of licenses granted, the number of violations
processed and the penalties imposed, and any other information that the department and the office agree is necessary to fulfill
the reporting requirements of this chapter.
[1995, c. 470, §9 (new); §19 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1551. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 1: RETAIL TOBACCO LICENSES (HEADING: PL 1995, c. 470, @9 (new))
§1551. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1995, c. 470, §9 (new); §19 (aff).]
1. Cigarette paper. "Cigarette paper" means those papers or paper-like products used to roll cigarettes, which by advertising, design or use
facilitate the use of tobacco or other products for inhalation.
[1995, c. 470, §9 (new); §19 (aff).]
1-A. Consumer. "Consumer" means an individual who purchases, receives or possesses tobacco products for personal consumption and not for
resale.
[2003, c. 444, §1 (new).]
1-B. Delivery sale. "Delivery sale" means a sale of tobacco products to a consumer in this State when:
A. The purchaser submits the order for the sale by means of telephonic or other electronic method of voice transmission, the
Internet or any delivery service; or
[2003, c. 444, §1 (new).]
B. The tobacco products are delivered by use of a delivery service.
[2003, c. 444, §1 (new).]
A sale to a person who is not licensed as a tobacco distributor or tobacco retailer is a delivery sale.
[2003, c. 444, §1 (new).]
1-C. Delivery service. "Delivery service" means a person, including the United States Postal Service, who is engaged in the commercial delivery
of letters, packages or other containers.
[2003, c. 444, §1 (new).]
2. Juvenile. "Juvenile" means any individual who is younger than 18 years of age.
[1995, c. 470, §9 (new); §19 (aff).]
2-A. Person. "Person" means an individual, corporation, partnership or unincorporated association.
[2003, c. 444, §1 (new).]
2-B. Tobacco distributor. "Tobacco distributor" or "distributor" means a person licensed as a distributor under Title 36, chapter 704.
[2003, c. 444, §1 (new).]
3. Tobacco products. "Tobacco products" includes any form of tobacco and any material or device used in the smoking, chewing or other form of
tobacco consumption, including cigarette papers and pipes.
[1995, c. 470, §9 (new); §19 (aff).]
3-A. Tobacco retailer. "Tobacco retailer" or "retailer" means a person located within or outside the State who sells tobacco products to a person
in the State for personal consumption.
[2003, c. 444, §1 (new).]
4. Vending machine. "Vending machine" means any automated, self-service device that upon insertion of money, tokens or any other form of payment,
dispenses cigarettes or any other tobacco product.
[1995, c. 470, §9 (new); §19 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1552-A. Display of license; notices
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 1: RETAIL TOBACCO LICENSES (HEADING: PL 1995, c. 470, @9 (new))
§1552-A. Display of license; notices
1. Display of licenses. A licensee shall publicly display the license on the premises and on each machine to which the license applies.
[1995, c. 470, §9 (new); §19 (aff).]
2. Display of prohibition against sales to juveniles. All licensees shall post notice of the prohibition on tobacco sales to juveniles pursuant to section 1555-B. Notices must
be publicly and conspicuously displayed in the licensee's place of business in letters at least 38 inches high. Signs required
by this section must be provided at cost by the department. Any person who violates this subsection commits a civil violation
for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense.
[1997, c. 305, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1552. Application procedure
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 1: RETAIL TOBACCO LICENSES (HEADING: PL 1995, c. 470, @9 (new))
§1552. Application procedure
1. Application process; license fees. An applicant for an annual retail tobacco license shall file an application in the form required by the department. The
department shall make provisions for applications under this section. The fee for a retail tobacco license must be determined
annually by the department by rulemaking. The applicant shall enclose the fee with the application for the license. Rules
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2005, c. 12, Pt. TT, §1 (amd).]
2. Term of license. All retail tobacco licenses are valid for one year unless suspended, revoked or not subject to the transfer under section
1553. Licenses that have been suspended or revoked may be reinstated, as permitted by the District Court decision issued
under subchapter 2, upon the receipt of an application for reinstatement and payment of all penalties and an application fee
of $50.
[2003, c. 673, Pt. CC, §1 (amd).]
3. Multiple licenses. Except as provided in subsection 3-A, a licensee applying for licenses to operate more than one premises or more than one
vending machine shall obtain a separate license for each premises and each machine and shall pay the fee prescribed for each
premises and each machine.
[2005, c. 145, §1 (amd).]
3-A. Seasonal mobile tobacco vendor license. An applicant who is a seasonal mobile tobacco vendor may purchase a single annual license authorizing that vendor to operate
at 2 or more agricultural fairs, festivals or exhibitions held during the agricultural fair season. A license issued under
this subsection must clearly specify the name and location of each fair, festival or exhibition at which the licensee is authorized
to operate and, for each location, the specific dates and number of machines for which the licensee is authorized. A licensee
may not operate at any agricultural fair, festival or exhibit except as specifically provided in that license. Upon issuing
a license under this subsection, the department shall immediately provide the information required by this subsection to the
Office of the Attorney General for purposes of inspection and enforcement.
[2005, c. 145, §2 (new).]
4. Application fees. All application fees must be deposited in the General Fund.
[2003, c. 673, Pt. CC, §1 (amd).]
5. False answer given intentionally. A person who intentionally gives a false answer in an application for a retail tobacco license violates Title 17-A, section
453.
[1995, c. 470, §9 (new); §19 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1553-A. Sales of tobacco products; vending machines
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 1: RETAIL TOBACCO LICENSES (HEADING: PL 1995, c. 470, @9 (new))
§1553-A. Sales of tobacco products; vending machines
In addition to the tobacco license required in section 1551-A, the sale of cigarettes or any other tobacco product through
a vending machine is subject to the following provisions.
[1995, c. 470, §9 (new); §19 (aff).]
1. Vending requirements. When the sale of cigarettes or any other tobacco product is made from a vending machine the following is required.
A. Only cigarettes or any other tobacco products may be dispensed by that machine.
[1995, c. 470, §9 (new); §19 (aff).]
B. A sign must be affixed conspicuously to the front of the machine. The sign must:
(1) Contain lettering that is at least 38 inches in height; and
(2) State the following: "WARNING. It is unlawful for any person under the age of 18 to purchase cigarettes in this State."
[1995, c. 470, §9 (new); §19 (aff).]
C. At all times during the hours the vending machine is accessible, it must be located within the unobstructed line of sight
and under the direct supervision of an adult. That adult is responsible for preventing persons under 18 years of age from
purchasing cigarettes or any other tobacco product from that vending machine.
[1995, c. 470, §9 (new); §19 (aff).]
Vending machines may be located only in areas in which minors are allowed only when accompanied by an adult.
[1997, c. 305, §2 (amd).]
2. Penalty. Any person, firm or corporation, in control of a facility in which a vending machine is located, who violates this section
commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged or for which the
person, firm or corporation may be prohibited for a period of not more than 6 months from having a cigarette vending machine
located on the premises or both.
[1995, c. 470, §9 (new); §19 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1553. Transfer of licenses; death; bankruptcy; receivership; guardianship; corporations
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 1: RETAIL TOBACCO LICENSES (HEADING: PL 1995, c. 470, @9 (new))
§1553. Transfer of licenses; death; bankruptcy; receivership; guardianship; corporations
Except as otherwise provided in this section, a license or any interest in a license may not be sold, transferred, assigned
or otherwise subjected to control by any person other than the licensee. If the business or any interest in the business
connected with a licensed activity is sold, transferred or assigned, the license holder shall send immediately to the department
the license and a sworn statement showing the name and address of the purchaser.
[1995, c. 470, §9 (new); §19 (aff).]
1. Transfer within same municipality. Upon receipt of a written application, the department may transfer any retail tobacco license from one place to another
within the same municipality. A transfer may not be made to a premises for which a license could not have been originally
legally issued.
[1995, c. 470, §9 (new); §19 (aff).]
2. Death, bankruptcy or receivership. In the case of death, bankruptcy or receivership of any licensee, the executor or administrator of the deceased licensee,
the trustee or receiver of the bankrupt licensee or the licensee in receivership may retain the license.
A. For the benefit of the estate of the deceased licensee, the personal representative, receiver or trustee of the estate may
operate the premises alone or through a manager for one year from the date of appointment.
(1) A new license application must be submitted at the end of the one-year grace period.
(2) Within one year from the date of appointment, the original license becomes void and must be returned to the department
for cancellation.
(3) Any suspension or revocation of the license by the District Court for any violation applies to the manager or the personal
representative, receiver or trustee of the estate.
(4) A personal representative, receiver or trustee of an estate or a duly appointed manager may not operate under the license
unless approved by the department.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. If a licensee dies, the following persons, with the written approval of the department, may continue to operate under the
license for not more than 60 days pending appointment of a personal representative of the estate:
(1) The surviving spouse;
(2) A person who has filed a petition for appointment as executor or administrator for the estate of the deceased licensee;
(3) The sole heir of the deceased licensee; or
(4) A person designated by all of the heirs of the deceased licensee.
[1995, c. 470, §9 (new); §19 (aff).]
C. When administration of the estate of a deceased licensee is not contemplated, the surviving spouse or person designated
by all the heirs of the deceased licensee may take over the license under the same conditions as are provided for operation
and transfer by an executor or an administrator.
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
3. Guardian; conservator. A duly appointed and qualified guardian or conservator of the estate of a licensee may take over and operate any license
of the ward of the deceased licensee for a period not to exceed one year if the guardian or conservator or the guardian or
conservator's managers are approved by the department.
A. A guardian or conservator must apply for a new license on the ward's behalf within one year of the guardian's or conservator's
appointment, if the guardian or conservator intends to continue to sell tobacco products.
[1995, c. 470, §9 (new); §19 (aff).]
B. Penalties for violations apply to both guardians or conservators and guardians' or conservators' managers in the same manner
as to executors or administrators and guardians' or conservators' managers in subsection 2, paragraph A, subparagraph (3).
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 470, §9 (new); §19 (aff).]
4. Transfers. The following changes in a licensee's business are considered transfers under this section:
A. The sale or transfer of stock of a corporate licensee whose stock is not publicly traded that results in the sale or transfer
of more than 10% of the shares of stock of the corporate licensee;
[1995, c. 593, §1 (amd).]
A-1. The sale or transfer of stock of a corporate licensee whose stock is publicly traded that results in the sale or transfer
of more than 51% of the voting shares of the corporate licensee;
[1995, c. 593, §2 (new).]
B. The incorporation of a licensee's business or a change in the form of incorporation of a licensee's business;
[1995, c. 470, §9 (new); §19 (aff).]
C. The addition or deletion of a partner in a partnership; or
[1995, c. 470, §9 (new); §19 (aff).]
D. The merger or acquisition of a licensee that is incorporated.
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 593, §§1, 2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1554-A. Sale of unpackaged cigarettes
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1554-A. Sale of unpackaged cigarettes
1. Prohibition. A person may not:
A. Sell cigarettes except in the original sealed package in which they were placed by the manufacturer, which may not be smaller
than 20 cigarettes per package; or
[2003, c. 452, Pt. K, §5 (new); Pt. X, §2 (aff).]
B. Sell cigarettes in smaller quantities than placed in the package by the manufacturer.
[2003, c. 452, Pt. K, §5 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §5 (rpr); Pt. X, §2 (aff).]
2. Penalty; employee. A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $100
may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to
Title 15, section 3314.
[2003, c. 452, Pt. K, §5 (rpr); Pt. X, §2 (aff).]
3. Penalty; employer. The employer of a person who violates this section commits a civil violation for which a fine of not less than $100 and
not more than $1,000 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended.
[2003, c. 452, Pt. K, §5 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1554-B. Sale without valid license; multiple violations; penalties
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1554-B. Sale without valid license; multiple violations; penalties
1. License required. A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade
in this State without a valid license issued under subchapter 1.
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving
a fine of not less than $300 plus court costs and not more than $500 plus court costs. The fine and costs may not be suspended.
The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
B. A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section
commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus
court costs and not more than $1,000 plus court costs. The fine and costs may not be suspended. The court also may impose
a sentencing alternative involving a term of imprisonment of not more than 60 days.
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
C. A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this
section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than
$1,000 plus court costs and a term of imprisonment of 60 days. The fine, court costs and term of imprisonment may not be
suspended. The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months.
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
4. Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
[2003, c. 452, Pt. K, §6 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1554. Sale without a valid license; crime; penalty (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1554. Sale without a valid license; crime; penalty (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1555-A. Identification cards
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1555-A. Identification cards
A licensee may refuse to sell tobacco to any person who fails to display upon request an identification card issued under
Title 29-A, section 1410 or a motor vehicle operator's license bearing the photograph of the operator and issued under Title
29-A.
[1997, c. 437, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1555-B. Sales of tobacco products
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1555-B. Sales of tobacco products
1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified
and through the mail under procedures approved by the department to provide reliable verification that the purchaser is not
a minor. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 years of age. An employee
who is at least 17 years of age but less than 21 years of age may sell tobacco products only in the presence of an employee
who is at least 21 years of age and is in a supervisory capacity.
[2005, c. 223, §4 (amd).]
2. Sales to minors prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under 18
years of age. Tobacco products may not be sold at retail to any person under 27 years of age unless the seller first verifies
that person's age by means of reliable photographic identification containing the person's date of birth.
[1997, c. 305, §5 (new).]
3. Sales through vending machines. Tobacco products may be sold through vending machines according to section 1553-A.
[1997, c. 305, §5 (new).]
4. Wholesale sales. Tobacco products may be distributed at wholesale without a face-to-face exchange only in the normal course of trade and
under procedures approved by the Bureau of Revenue Services to ensure that tobacco products are not provided to any person
under 18 years of age.
[1997, c. 305, §5 (new); c. 526, §14 (amd).]
5. Possession and use of cigarettes, cigarette papers or tobacco products; use of false identification by minors prohibited.
[2003, c. 452, Pt. K, §7 (rp); Pt. X, §2 (aff).]
5-A. Possession and use of cigarettes, cigarette papers or tobacco products by minors prohibited. Except as provided in subsection 5-B, a person under 18 years of age may not:
A. Purchase, possess or use cigarettes, cigarette papers or any tobacco product;
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
B. Violate paragraph A after having previously violated this subsection; or
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
C. Violate paragraph A after having previously violated this subsection 2 or more times.
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
5-B. Exception to possession by minor. A person under 18 years of age may transport or permit to be transported in a motor vehicle cigarettes, cigarette papers
or tobacco products in the original sealed package in which they were placed by the manufacturer if the transportation is
in the scope of that person's employment.
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
5-C. Use of false identification by minors prohibited. A person under 18 years of age may not:
A. Offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use cigarettes, cigarette
papers or any other tobacco product;
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
B. Violate paragraph A after having previously violated this subsection; or
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
C. Violate paragraph A after having previously violated this subsection 2 or more times.
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §8 (new); Pt. X, §2 (aff).]
6. Display of prohibition of sales to juveniles. A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales
to persons under 18 years of age. Notices must be publicly and conspicuously displayed in the dealer's or distributor's place
of business in letters at least 38 inches in height. Signs required by this section may be provided at cost by the department.
[1997, c. 305, §5 (new).]
7. Enforcement. Law enforcement officers shall enforce this section. A citizen may register a complaint under this section with the law
enforcement agency having jurisdiction. The law enforcement agency may notify any establishment or individual subject to
this section of a citizen complaint regarding that establishment's or individual's alleged violation of this section and shall
keep a record of that notification.
[1997, c. 305, §5 (new).]
8. Fines. Violations of this section are subject to fines according to this subsection.
A. A person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than $50 and not more
than $1,500, plus court costs, must be adjudged for any one offense. Except pursuant to Title 15, section 3314, the fine
may not be suspended.
[2003, c. 452, Pt. K, §9 (amd); Pt. X, §2 (aff).]
A-1. An employer of a person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than
$50 and not more than $1,500, plus court costs, must be adjudged. The fine may not be suspended.
[2003, c. 452, Pt. K, §9 (new); Pt. X, §2 (aff).]
B. A person who violates subsection 5-A or 5-C commits a civil violation for which the following fines may be adjudged.
(1) For a first offense, a fine of not less than $100 and not more than $300 may be imposed. The judge, as an alternative
to or in addition to the fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit
of the State, the municipality or other public entity or a charitable institution.
(2) For a 2nd offense, a fine of not less than $200 and not more than $500 may be imposed. The judge, as an alternative
to or in addition to the fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit
of the State, the municipality or other public entity or a charitable institution.
(3) For all subsequent offenses, a fine of $500 must be imposed and that fine may not be suspended. The judge, in addition
to the fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State,
the municipality or other public entity or a charitable institution.
[2003, c. 452, Pt. K, §9 (amd); Pt. X, §2 (aff).]
C. A person who violates subsection 6 commits a civil violation for which a fine of not less than $50 and not more than $200
may be adjudged for any one offense.
[2003, c. 452, Pt. K, §9 (amd); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §9 (amd); Pt. X, §2 (aff).]
9. Distribution of fines. Fines and forfeitures collected pursuant to subchapter 1 and this subchapter must be credited as follows: one half to the
General Fund and 12 to be deposited in a nonlapsing account of the Maine Criminal Justice Academy for the purpose of providing
funds for training and recertification of part-time and full-time law enforcement officers.
[2003, c. 20, Pt. R, §7 (amd).]
10. Affirmative defense. It is an affirmative defense to prosecution for a violation of subsection 1, 2 or 4 that the defendant sold, furnished,
gave away or offered to sell, furnish or give away a tobacco product to a person under 18 years of age in reasonable reliance
upon a fraudulent proof of age presented by the purchaser.
[1997, c. 305, §5 (new).]
11. Manner of displaying and offering for sale. Tobacco products may be displayed or offered for sale only in a manner that does not allow the purchaser direct access to
the tobacco products. The requirements of this subsection do not apply to the display or offering for sale of tobacco products
in multi-unit packages of 10 or more units, in tobacco specialty stores or in locations in which the presence of minors is
generally prohibited. This requirement does not preempt a municipal ordinance that provides for more restrictive regulation
of the sale of tobacco products.
[1999, c. 314, §1 (new); §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1555-C. Delivery sales of tobacco products
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1555-C. Delivery sales of tobacco products
The following requirements apply to delivery sales of tobacco products within the State.
[2003, c. 444, §2 (new).]
1. License required. It is unlawful for any person to accept an order for a delivery sale of tobacco products to a consumer in the State unless
that person is licensed under this chapter as a tobacco retailer. The following penalties apply to violations of this subsection.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than
$1,500 may be adjudged for each violation.
[2003, c. 444, §2 (new).]
B. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection
2, 3 or 4 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged.
[2003, c. 444, §2 (new).]
[2003, c. 444, §2 (new).]
2. Requirements for accepting order for delivery sale. The following provisions apply to acceptance of an order for a delivery sale of tobacco products.
A. When accepting the first order for a delivery sale from a consumer, the tobacco retailer shall obtain the following information
from the person placing the order:
(1) A copy of a valid government-issued document that provides the person's name, current address, photograph and date of
birth; and
(2) An original written statement signed by the person documenting that the person:
(a) Is of legal age to purchase tobacco products in the State;
(b) Has made a choice whether to receive mailings from a tobacco retailer;
(c) Understands that providing false information may constitute a violation of law; and
(d) Understands that it is a violation of law to purchase tobacco products for subsequent resale or for delivery to persons
who are under the legal age to purchase tobacco products.
[2003, c. 444, §2 (new).]
B. If an order is made as a result of advertisement over the Internet, the tobacco retailer shall request the e-mail address
of the purchaser and shall receive payment by credit card or check prior to shipping.
[2003, c. 444, §2 (new).]
C. Prior to shipping the tobacco products, the tobacco retailer shall verify the information provided under paragraph A against
a commercially available database derived solely from government records consisting of age and identity information, including
date of birth.
[2003, c. 444, §2 (new).]
D. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than
$1,500 may be adjudged for each violation.
[2003, c. 444, §2 (new).]
E. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection
1, 3 or 4 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged.
[2003, c. 444, §2 (new).]
[2003, c. 444, §2 (new).]
3. Requirements for shipping a delivery sale. The following provisions apply to a tobacco retailer shipping tobacco products pursuant to a delivery sale.
A. Prior to shipping, the tobacco retailer shall provide to the delivery service the age of the purchaser as provided under
subsection 2, paragraph A and verified under subsection 2, paragraph C.
[2003, c. 444, §2 (new).]
B. The tobacco retailer shall clearly mark the outside of the package of tobacco products to be shipped to indicate that the
contents are tobacco products and to show the name and State of Maine tobacco license number of the tobacco retailer.
[2003, c. 444, §2 (new).]
C. The tobacco retailer shall utilize a delivery service that imposes the following requirements:
(1) The purchaser must be the addressee;
(2) The addressee must be of legal age to purchase tobacco products and must sign for the package; and
(3) If the addressee is under 27 years of age, the addressee must show valid government-issued identification that contains
a photograph of the addressee and indicates that the addressee is of legal age to purchase tobacco products.
[2003, c. 444, §2 (new).]
D. The delivery instructions must clearly indicate the requirements of this subsection and must declare that state law requires
compliance with the requirements.
[2003, c. 444, §2 (new).]
E. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than
$1,500 may be adjudged for each violation.
[2003, c. 444, §2 (new).]
F. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection
1, 2 or 4 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged.
[2003, c. 444, §2 (new).]
[2003, c. 444, §2 (new).]
4. Reporting requirements. No later than the 10th day of each calendar month, a tobacco retailer that has made a delivery sale of tobacco products
or shipped or delivered tobacco products into the State in a delivery sale in the previous calendar month shall file with
the Department of Administrative and Financial Services, Bureau of Revenue Services a memorandum or a copy of each invoice
that provides for each delivery sale the name and address of the purchaser and the brand or brands and quantity of tobacco
products sold. A tobacco retailer that meets the requirements of 15 United States Code, Section 375 et seq. (1955) satisfies
the requirements of this subsection. The following penalties apply to violations of this subsection.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than
$1,500 may be adjudged for each violation.
[2003, c. 444, §2 (new).]
B. A person who violates this subsection after having been previously adjudicated as violating this subsection or subsection
1, 2 or 3 commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 may be adjudged.
[2003, c. 444, §2 (new).]
[2003, c. 444, §2 (new).]
5. Unlawful ordering. It is unlawful to submit ordering information for tobacco products by delivery sale under subsection 2, paragraph A in the
name of another person. A person who violates this subsection commits a civil violation for which a fine of not more than
$10,000 may be adjudged.
[2003, c. 444, §2 (new).]
6. Rulemaking. The department and the Department of Administrative and Financial Services shall adopt rules to implement this section.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2003, c. 444, §2 (new).]
7. Forfeiture. Any tobacco product sold or attempted to be sold in a delivery sale that does not meet the requirements of this section
is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title
36, section 4372-A.
[2003, c. 444, §2 (new).]
8. Enforcement. The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive
relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or
restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation
of this section is a violation of the Maine Unfair Trade Practices Act.
[2003, c. 444, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1555-D. Illegal delivery of tobacco products
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1555-D. Illegal delivery of tobacco products
A person may not knowingly transport or cause to be delivered to a person in this State a tobacco product purchased from a
person who is not licensed as a tobacco retailer in this State, except that this provision does not apply to the transportation
or delivery of tobacco products to a licensed tobacco distributor or tobacco retailer. A person is deemed to know that a
package contains a tobacco product if the package is marked in accordance with the requirements of section 1555-C, subsection
3, paragraph B or if the person receives the package from a person listed as an unlicensed tobacco retailer by the Attorney
General under this section.
[2003, c. 444, §2 (new).]
1. Lists. The Attorney General shall maintain lists of licensed tobacco retailers and known unlicensed tobacco retailers. The Attorney
General shall provide to a delivery service lists of licensed tobacco retailers and known unlicensed tobacco retailers. The
list of known unlicensed tobacco retailers is confidential. A delivery service that receives a list of known unlicensed tobacco
retailers shall maintain the confidentiality of the list.
[2003, c. 444, §2 (new).]
2. Penalty. The following penalties apply for violation of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $50 nor more than $1500 may
be adjudged for each violation. A fine imposed under this paragraph may not be suspended.
[2003, c. 444, §2 (new).]
B. An employer of a person who, while working and within the scope of that person's employment, violates this section commits
a civil violation for which a fine of not less than $50 nor more than $1,500 may be adjudged for each violation. A fine imposed
under this paragraph may not be suspended.
[2003, c. 444, §2 (new).]
[2003, c. 444, §2 (new).]
3. Enforcement. The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive
relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or
restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation
of this section is a violation of the Maine Unfair Trade Practices Act.
[2003, c. 444, §2 (new).]
4. Affirmative defense. It is an affirmative defense to a prosecution under this section that a person who transported tobacco products or caused
tobacco products to be delivered reasonably relied on licensing information provided by the Attorney General under this section.
[2003, c. 444, §2 (new).]
5. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter 2-A.
[2003, c. 444, §2 (new).]
6. Forfeiture. Any tobacco product sold or attempted to be sold in a delivery sale that does not meet the requirements of this section
is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title
36, section 4372-A.
[2003, c. 444, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1555. Sales of tobacco products to juveniles (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1555. Sales of tobacco products to juveniles (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1556-A. Enforcement
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1556-A. Enforcement
The provisions of this chapter and Title 36, section 4366-C may be enforced by law enforcement officers as defined by Title
17-A or by individuals hired by contract with the department to enforce this law.
[1999, c. 616, §1 (amd).]
1. Contract officers. The authority of contract officers hired under this chapter is limited to enforcement of this Act and Title 36, section
4366-C. Authorization to enforce this chapter is granted by the Commissioner of Public Safety, by terms mutually agreed upon
between the department and the Department of Public Safety. Contract officers must have an appropriate background in law
enforcement. Contract officers are exempt from ongoing training requirements except as otherwise determined by the Commissioner
of Public Safety. These contract officers are not considered law enforcement officers for the purposes of enforcing the Maine
Juvenile Code.
[1999, c. 616, §2 (amd).]
2. Enforcement; jurisdiction. Enforcement of criminal offenses may be carried out by written summons pursuant to Title 17-A filed in the District Court.
Enforcement of civil violations set forth in section 1555-B may be carried out by complaint filed in District Court. All
civil violations involving licenses issued pursuant to section 1551-A are within the jurisdiction of the District Court pursuant
to section 1557, subsection 1.
[RR 1999, c. 2, §22 (cor); §23 (aff).]
3. Injunction.
[1995, c. 593, §5 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1556. Municipal regulation
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 2: PROHIBITED SALES, POSSESSION AND USE (HEADING: PL 1995, c. 470, @9 (new))
§1556. Municipal regulation
Except as otherwise provided in this section, nothing in this chapter affects the authority of municipalities to enact ordinances
or regulations that are more restrictive than this chapter.
[1997, c. 63, §1 (amd).]
div>
When a municipality intends to consider an ordinance or regulation or intends to amend an ordinance or regulation so that
the ordinance or regulation would be more restrictive than this chapter, the municipality shall give notice of that intention
by mail, at least 30 days prior to consideration of the ordinance, regulation or amendment, to the last known address of each
retail tobacco licensee doing business within the municipal corporate limits. This notice must state the time, place and
date of a hearing or proposed enactment and the subject matter of the proposed ordinance, regulation or amendment.
[1997, c. 63, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1557-A. Imposition of penalties; causes
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 3: FINES, REVOCATION AND SUSPENSION (HEADING: PL 1995, c. 470, @9 (new))
§1557-A. Imposition of penalties; causes
The District Court may impose fines or revoke or suspend licenses for the following causes:
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
1. Violation of law or infraction of rule. Violation of state law or rule related to the sale of tobacco products; or
[1995, c. 470, §9 (new); §19 (aff).]
2. False material statement. Knowingly making a false material statement of fact in an application for licensure of the sale of tobacco products.
[1995, c. 470, §9 (new); §19 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1557. Jurisdiction; District Court
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 3: FINES, REVOCATION AND SUSPENSION (HEADING: PL 1995, c. 470, @9 (new))
§1557. Jurisdiction; District Court
1. Jurisdiction. The District Court, pursuant to the Maine Administrative Procedure Act, shall conduct hearings on all matters concerning
violations by tobacco licensees of any state law related to tobacco sales. Notwithstanding Title 5, chapter 375, subchapter
VI, the District Court Judge has exclusive jurisdiction over all violations of this chapter by licensees and their agents
when no criminal penalty is provided.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Powers. The District Court may impose fines or suspend or revoke licenses in accordance with this chapter.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
3. Injunction. If the person licensed to sell tobacco products has engaged in or is about to engage in any act or practice that violates
this chapter, the District Court may grant a permanent or temporary injunction, restraining order or other order as appropriate.
[1995, c. 593, §6 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1558-A. Record of proceedings; transcript
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 3: FINES, REVOCATION AND SUSPENSION (HEADING: PL 1995, c. 470, @9 (new))
§1558-A. Record of proceedings; transcript
1. Court record. The District Court shall keep a full and complete record of all proceedings before the court of any enforcement actions
or on the revocation and suspension of any license issued by the department. The District Court is not required to have a
transcript of the testimony prepared unless required for rehearing or appeal.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Notice to department. The District Court shall forward to the department notice of final disposition of all proceedings conducted pursuant to
this subchapter. The department shall maintain the records of the proceedings for at least 5 years. Annually, the department
shall report a summary of the types and number of cases heard and the dispositions of the cases to the Office of Substance
Abuse.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
3. Notice to defendant. Notice of the decision of the District Court must be sent to the defendant by certified mail to the address given by the
licensee to the department.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1558. Revocation or suspension procedure
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 3: FINES, REVOCATION AND SUSPENSION (HEADING: PL 1995, c. 470, @9 (new))
§1558. Revocation or suspension procedure
1. Violation of law or rule. Upon discovering a violation of state law or rule related to retail tobacco sales, the commissioner or the commissioner's
designee shall:
A. Report the violation to the District Court in a signed complaint; or
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. Issue warnings to the licensees involved.
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Notice and hearing. Except as provided under subsection 7, upon receipt of a signed complaint prepared under subsection 1, paragraph A, the
District Court shall notify the licensee and hold a hearing according to the following procedures.
A. The District Court shall notify the licensee by serving the licensee with a copy of the complaint and a notice that states
the time and place of the hearing and that the licensee may appear in person or be represented by counsel at the hearing.
Service of the complaint and hearing notice is sufficient when sent by registered or certified mail at least 7 days before
the date of the hearing to the address given by the licensee at the time of application for a license.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. The District Court shall conduct a hearing limited to the facts, laws and rules specified in the complaint.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
C. The District Court shall conduct the hearing in the following manner.
(1) The District Court may subpoena and examine witnesses, administer oaths and subpoena and compel the attendance of parents
and legal guardians of unemancipated minors.
(a) The department shall pay to the witnesses the legal fees for travel and attendance, except that, notwithstanding Title
16, section 253, the department is not required to pay the fees before the travel and attendance occur.
(2) Hearsay testimony is not admissible during the hearing. The licensees named in the complaint have the right to have
all witnesses testify in person at the hearing.
(3) The District Court shall state in writing the findings and decision in each case based on the facts, laws and rules
cited in the complaint. The findings must specify the facts found and the laws or rules violated.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
3. Suspension or revocation decision. The District Court shall issue the decision in writing within 12 days of the hearing.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
4. Suspension of penalty; case on file. After the hearing, the District Court may:
A. Suspend a penalty; or
[1995, c. 470, §9 (new); §19 (aff).]
B. Place a case on file instead of imposing a penalty.
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
5. Application of suspension or revocation. A suspension or revocation applies to premises and persons in the following manner.
A. If a licensee is interested directly or indirectly in more than one license, suspensions apply only to the premises where
the violation occurs.
[1995, c. 470, §9 (new); §19 (aff).]
B. If a licensee is interested directly or indirectly in more than one license, the District Court may order that a revocation
apply to any of those premises or machines.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
C. If the licensee is a corporation, the District Court shall treat the officers, directors and substantial stockholders as
individuals.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
6. Term of suspension or revocation. Suspensions must be for a definite period of time. If the District Court revokes a license, the court shall specify when
the department may reinstate a license to the person whose license is revoked.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
7. Warnings. Upon the written recommendation of the commissioner, or the commissioner's designee, the District Court, instead of notifying
a licensee against whom a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent
by registered or certified mail and contain a copy of the complaint. A licensee to whom a warning is sent may demand a hearing
by notifying the District Court by registered or certified mail within 10 days from the date the warning was mailed.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
8. Fines. Notwithstanding any other provisions of this Title, the District Court may impose on a licensee a fine of a specific sum
of not less than $50 nor more than $1,500 for any one offense. The fine is independent of any fine or forfeiture adjudged
under subchapter I or II and may be imposed instead of or in addition to any suspension or revocation of a license.
A. The District Court shall maintain a record of all fines received by the court. Any fines received must be credited as follows:
12 to the Department of Health and Human Services in a nonlapsing account to be used by the department to defray administrative
costs of retail tobacco licensing and 12 to a nonlapsing account to be used by the Attorney General to support enforcement
and responsible retailing education programs. Annually, the court shall report to the Office of Substance Abuse the total
amount of fines collected.
[2005, c. 223, §5 (amd).]
[2005, c. 223, §5 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1559-A. Transfer of funds (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 3: FINES, REVOCATION AND SUSPENSION (HEADING: PL 1995, c. 470, @9 (new))
§1559-A. Transfer of funds (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1559. Appeal decision of District Court
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 3: FINES, REVOCATION AND SUSPENSION (HEADING: PL 1995, c. 470, @9 (new))
§1559. Appeal decision of District Court
1. Aggrieved person may appeal within 30 days. A person aggrieved by the decision of the District Court in imposing any forfeiture or fine or in revoking or suspending
a license issued by the department or by refusal of the department to issue a license applied for may appeal to the Superior
Court by filing a complaint within 30 days of the decision or refusal.
A. The 30-day period for appeal begins on:
(1) The effective date of the suspension or revocation in the case of a license revocation or suspension; or
(2) The day when the department sends notice of refusal, by registered or certified mail, to the applicant for a license
in the case of refusal by the department to issue a license.
[1995, c. 470, §9 (new); §19 (aff).]
B. Filing the complaint in Superior Court suspends the running of the 30-day period.
[1995, c. 470, §9 (new); §19 (aff).]
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Suspension or revocation suspended pending appeal. If the licensee files an appeal in the Superior Court and notifies the District Court that the appeal has been filed within
7 days of the mailing of the decision of the District Court required in section 1558-A, subsection 3, the operation of a suspension
or revocation of a license imposed by the District Court must be suspended, pending judgment of the Superior Court.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff)]
3. Superior Court hearing. The Superior Court shall fix a time and place for an immediate hearing and notify the District Court of the hearing.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
4. Superior Court decision. After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court.
[1995, c. 470, §9 (new); §19 (aff); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
5. Further appeal. An aggrieved person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial
Court, after consideration, may reverse or modify any decree made by the Superior Court based upon an erroneous ruling or
finding of law.
[1995, c. 470, §9 (new); §19 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1560. Nicotine water
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262-A: RETAIL TOBACCO SALES (HEADING: PL 1995, c. 470, @9 (new))
Subchapter 4: NICOTINE WATER (HEADING: PL 2003, c. 623, @1 (new))
§1560. Nicotine water
1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Nicotine water" means water that is sold in the State, that is intended for human consumption and that contains as an added
ingredient nicotine or an alkaloid having similar physiological activity.
[2003, c. 623, §1 (new).]
[2003, c. 623, §1 (new).]
2. Prohibition. A person may not sell, furnish, give away or offer to sell, furnish or give away nicotine water in this State.
[2003, c. 623, §1 (new).]
3. Violation. A person who violates this section commits a civil violation for which fines may be imposed under subsection 4.
[2003, c. 623, §1 (new).]
4. Fines. The following fines apply to violations of this section.
A. A person who violates subsection 2 commits a civil violation for which a fine of $500 may be adjudged.
[2003, c. 623, §1 (new).]
B. A person who violates subsection 2 after having previously violated subsection 2 commits a civil violation for which a fine
of $1,000 may be adjudged.
[2003, c. 623, §1 (new).]
C. A person who violates subsection 2 after having previously violated subsection 2 more than once commits a civil violation
for which a fine of $5,000 may be adjudged.
[2003, c. 623, §1 (new).]
[2003, c. 623, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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