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House Engrossed
furnishing tobacco; minors; enterprise penalties |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2118 |
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AN ACT
amending section 13-3622, Arizona Revised Statutes; relating to tobacco and vapor products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to underage person; underage person accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; enterprise penalties; definitions
A. A person who knowingly sells, gives or furnishes a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor person who is under the minimum age of sale for tobacco products as set by the federal food, drug, and cosmetic act is guilty of a petty offense.
B. A minor person who is under the minimum age of sale for tobacco products as set by the federal food, drug, and cosmetic act who buys, or has in his possession or knowingly accepts or receives from any person, a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, shall pay a fine of not less than one hundred dollars $100 or perform not less than thirty hours of community restitution.
C. A minor person who is under the minimum age of sale for tobacco products as set by the federal food, drug, and cosmetic act who misrepresents the minor's person's age to any other person by means of a written instrument of identification with the intent to induce the person to sell, give or furnish a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding section 13-802, shall pay a fine of not more than five hundred dollars $500.
D. This section does not apply to any of the following:
1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.
2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor person who is under the minimum age of sale for tobacco products as set by the federal food, drug, and cosmetic act if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor person who is under the minimum age of sale for tobacco products as set by the federal food, drug, and cosmetic act to smoke or ingest tobacco or shisha.
E. NOtwithstanding section 13-803, If an enterprise violates this section, the court shall impose the following penalties:
1. For a first violation, 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.
2. For a second violation within a period of thirty-six months, 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 shall prohibit the enterprise from selling, giving or furnishing tobacco products or vapor products for a period of thirty days.
3. For a third violation within a period of thirty-six months, 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 products or vapor products for a period of ninety days.
4. For a fourth or subsequent violation within a period of thirty-six months, 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 products or vapor products for a period of one year.
F. An enterprise that sells, gives or furnishes tobacco products or vapor products in violation of subsection E, paragraph 2, 3 or 4 of this section is guilty of a petty offense. Notwithstanding section 13-803, the court shall order the enterprise to pay a fine of at least $3,000 but not more than $5,000 and shall extend the length of the prohibition on the enterprise for an amount of time that is two times the length of the prohibition that was originally imposed on the enterprise pursuant to subsection E, paragraph 2, 3 or 4 of this section.
G. If an enterprise commits a second or subsequent violation of this section that is outside of the thirty-six month period prescribed in subsection E, paragraphs 2, 3, and 4 of this section, the court may not waive a fine for the violation.
H. If the court orders an enterprise to attend a tobacco retailer educational course, the course must be attended by at least one owner or person serving in a managerial position and one person serving in a nonmanagerial position.
I. The penalty on an enterprise that has more than one location pursuant to subsection E, F, G or H of this section applies only to the specific location in which the violation occurred.
E. j. For the purposes of this section:
1. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. "Tobacco product" means any of the following:
(a) Cigars.
(b) Cigarettes.
(c) Cigarette papers of any kind.
(d) Smoking tobacco of any kind.
(e) Chewing tobacco of any kind.
3. "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 under chapter V of the federal food, drug and cosmetic act.