ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session

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HB 2853: furnishing tobacco; minors; enterprise penalties

Sponsor:  Representative Bolick, LD 20

Committee on Commerce

Overview

Establishes penalties for businesses that unlawfully furnishing tobacco and vapor products.

History

A person who knowingly sells, gives or furnishes cigars, cigarettes or cigarette papers or smoking and chewing tobacco (tobacco products), a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha to a minor is guilty of a petty offense.

A minor who buys or possesses or knowingly accepts or receives such products or instruments is guilty of a petty offense and if applicable must pay a fine of at least $100 or serve at least 30 hours of community service.

A minor who misrepresents their age to any other person by means of a written instrument of identification with the intent to induce the other person to sell, give, or furnish such products or instruments is guilty of a petty offense and is required to pay a fine of no more than $500.

Statute defines "Shisha” as any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener. "Vapor product" means a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges.  Vapor product does not include any product that is regulated by the United States Food and Drug Administration (A.R.S. § 13-3622).

Provisions

1. Prescribes penalties and restrictions for businesses that violate laws relating to furnishing of tobacco and vapor products as follows:

a) For a first offense, mandatory attendance at a court-approved tobacco retailer educational course in lieu of or in addition to a fine of at least $500 but not more than $750;

b) For a second offense within 3 years, a fine of at least $1,000 but not more than $1,500 and mandatory attendance at a court-approved tobacco retailer educational course, and the court must prohibit the enterprise from selling, giving or furnishing tobacco or vapor products for 30 days.

c) For a third offense within 3 years, a fine of at least $2,000 but not more than $2,500 and mandatory attendance at a court-approved tobacco retailer educational course, and the court shall prohibit the enterprise from selling, giving or furnishing tobacco or vapor products for 90 days.

d) For a fourth or subsequent offense within 3 years, a fine of at least $3,000 but not more than $5,000 and mandatory attendance at a court-approved tobacco retailer educational course and the court shall prohibit the enterprise from selling, giving or furnishing tobacco or vapor products for 1 year. (Sec. 1)

2. Specifies a business that violates an imposed restriction is subject to additional fines and increased restrictions. (Sec. 1)

3. Prohibits a court from waiving a fine if the enterprise commits a second or subsequent violation after 3 years from the first violation. (Sec. 1)

4. Requires at least one owner or manager and one person serving in a nonmanagerial position to attend a tobacco retailer educational course, if ordered by a court. (Sec.1)

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8.                   HB 2853

9. Initials PRB           Page 0 Commerce

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