First Regular Session S.B. 1103
COMMITTEE ON RULES
SENATE AMENDMENTS TO S.B. 1103
(Reference to APPROPRIATIONS Committee amendment)
Page 29, strike lines 10 through 32
Page 30, strike lines 1 through 22 insert:
"A. Beginning January 1, 2023, a retail tobacco vendor may not distribute alternative nicotine products, tobacco products or vapor products in this state without a valid tobacco retail sales license. A retail tobacco vendor that distributes alternative nicotine products, tobacco products or vapor products in this state shall secure for each location, and display at all times, a tobacco retail sales license issued by the department before engaging or continuing to engage in such a business.
B. The department shall establish fees for an initial tobacco retail sales license and the renewal of that license. The department shall deposit, pursuant to sections 35-146 and 35-147, the fees collected pursuant to this section in the tobacco retail sales licensing fund established by section 4-404.
C. A tobacco retail sales license is valid for one year, unless the license is suspended or revoked by the department or the department's designee. A tobacco retail sales license may not be renewed if the retail tobacco vendor has any outstanding penalties pursuant to this article. The department may receive and review tobacco retail sales license applications electronically.
D. A tobacco retail sales license may not be issued to or renewed for a retail tobacco vendor licensee until the retail tobacco vendor signs a form stating that the retail tobacco vendor has read this article and has provided training to all employees on the sale of alternative nicotine products, tobacco products or vapor products. The training shall include the following information:
1. That it is illegal to sell alternative nicotine products, tobacco products or vapor products to persons who are under twenty-one years of age.
2. The types of identification that are legally acceptable for the proof of age.
E. The tobacco retail sales license is nontransferable. If a retail tobacco vendor ceases to be a retailer at the licensed retail location by reason of discontinuation, sale or transfer of the retail tobacco vendor's business, the retail tobacco vendor shall notify the department in writing at the time the discontinuance, sale or transfer takes effect.
F. Any business found to be selling alternative nicotine products, tobacco products or vapor products without a license is subject to a civil penalty of at least $500 but not more than $1,000 for a first or second violation within a thirty-six-month period. The department shall issue A business that receives a second violation within a thirty-six-month period a cease and desist order prohibiting the business from selling alternative nicotine products, tobacco products or vapor products and notifying the business owner that the business is ineligible to receive a tobacco retail sales license for a period of three years after the date of the second violation."
Amend title to conform