HB2505 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3622. Tobacco products, alternative nicotine products, vapor products or tobacco or shisha instruments or paraphernalia; persons under twenty-one years of age; classification; exceptions; definitions

A. A person who knowingly sells, gives or furnishes a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of ingesting tobacco or shisha, including a hookah or waterpipe, to a minor person who is under twenty-one years of age is guilty of a petty offense.

B. A minor person who is under twenty-one years of age and who buys, or has in his the person's possession or knowingly accepts or receives from any person, a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of ingesting 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 ingesting tobacco or shisha, shall pay a fine of not less than one hundred dollars at least $100 or perform not less than at least thirty hours of community restitution.

C. A minor person who is under twenty-one years of age and who misrepresents the minor's person's age to any another person by means of a written instrument of identification with the intent to induce the other person to sell, give or furnish a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of ingesting 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 products or any instrument or paraphernalia that is solely designed for the smoking or ingestion of ingesting 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 ingesting tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor person who is under twenty-one years of age 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 twenty-one years of age to smoke or ingest tobacco or shisha.

E. For the purposes of this section:

1. "ALTERNATIVE NICOTINE PRODUCT":

(a) Means any noncombustible product that contains nicotine and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by any other means.

(b) Does not include any e-liquid, vapor product, tobacco product or shisha or any product regulated as a drug or device by the United States food and drug administration under subchapter V of the federal food, drug, and cosmetic act.

1. 2. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.

2. 3. "Tobacco product" means any of the following:

(a) Cigars.

(b) Cigarettes.

(d) Smoking tobacco of any kind.

(e) Chewing tobacco of any kind.

3. 4. "Vapor product":

(a) 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

(b) 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. END_STATUTE

Sec. 2. Section 36-798, Arizona Revised Statutes, is amended to read:

START_STATUTE36-798. Definitions

In this article, unless the context otherwise requires:

1. "Alternative nicotine product" has the same meaning prescribed in section 13-3622.

1. 2. "Bar" means that portion of any premises licensed under section 4-209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption or serving of alcoholic beverages and that is not primarily used for the consumption of food on the premises.

2. 3. "Beedies" or "bidis" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis.

3. 4. "Cigar" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in tobacco.

4. 5. "Cigarette" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in paper or in any substance other than tobacco.

5. "Minor" means a person who is under eighteen years of age.

6. "Retail tobacco vendor":

(a) Means a person, who possesses tobacco or tobacco products for the purpose of selling them for consumption and not for resale partnership, joint venture, society, club, trustee, true association, organization or corporation that owns, operates or manages any retail establishment physically located in this state that sells shisha, tobacco products, alternative nicotine products or vapor products, that is in the business of selling, distributing or conveying these products to the public or a user of any such product and that is not an otherwise lawful business located outside of this state.

(b) Does not include either of the following:

(i) The nonmanagement employees of any tobacco retail establishment.

(ii) A wholesaler of any shisha, tobacco product, alternative nicotine product or vapor product with respect to selling, distributing or conveying these products in business-to-business transactions.

7. "Shisha" has the same meaning prescribed in section 13-3622.

7. 8. "Smokeless tobacco" includes shredded tobacco, snuff, cavendish and plug, twist and other tobacco products that are intended for oral use but not for smoking.

8. 9. "Smoking tobacco" includes any tobacco or tobacco product, other than cigarettes and cigars, that is intended to be smoked.

9. 10. "Tobacco products" includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco.

11. "Vapor product" has the same meaning prescribed in section 13-3622.

10. 12. "Vending machine" means any mechanical, electrical or electronic device that, on insertion of money, tokens or any other form of payment, automatically dispenses tobacco products. END_STATUTE

Sec. 3. Section 36-798.01, Arizona Revised Statutes, is amended to read:

START_STATUTE36-798.01. Selling or giving beedies or bidis; persons under twenty-one years of age; violation; classification

A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a minor person who is under twenty-one years of age in this state.

B. Any person who violates this section is guilty of a class 3 misdemeanor. END_STATUTE

Sec. 4. Section 36-798.02, Arizona Revised Statutes, is amended to read:

START_STATUTE36-798.02. Vending machine sales tobacco products, alternative nicotine products and vapor products; signage; violation; classification

A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either:

A. Except as provided in subsection B of this section, a person may not sell or distribute tobacco products, alternative nicotine products or vapor products:

1. At a retail establishment in this state by any means other than vendor-assisted sales in which the customer has no direct access to the product except through the assistance of the seller.

2. From self-service displays or vending machines.

B. Subsection A of this section does not apply to:

1. Retail establishments if persons who are under twenty-one years of age are not allowed in the store and such prohibition is posted clearly on all entrances.

2. Sales by delivery that are not prohibited under section 36-798.05.

3. A bar.

2. 4. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors persons who are under twenty-one years of age.

B. C. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters, that it is illegal for a minor person who is under twenty-one years of age to purchase cigarettes or tobacco products, alternative nicotine products or vapor products and, upon on conviction, a fine of up to three hundred dollars $300 may be imposed.

C. D. This article does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county, city or town to further restrict the location of vending machines or specify different wording for the vending machines machine signs as required by subsection B C of this section.

D. E. A person who violates this section is guilty of a petty offense. END_STATUTE

Sec. 5. Section 36-798.03, Arizona Revised Statutes, is amended to read:

START_STATUTE36-798.03. Tobacco products, alternative nicotine products and vapor products; prohibition at schools and school-related areas; exception; violation; classification

A. The use and possession of tobacco products, alternative nicotine products and vapor products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or at off-campus school sponsored events. For the purposes of this subsection, "school" means any public, charter or private school where children attend classes in kindergarten programs or grades one through twelve.

B. Subsection A of this section does not apply to an adult a person who is at least twenty-one years of age and who employs tobacco products, alternative nicotine products or vapor products as a necessary component of a school sanctioned tobacco products, alternative nicotine products or vapor products prevention or cessation program established pursuant to section 15-712.

C. A person who violates this section is guilty of a petty offense.END_STATUTE

Sec. 6. Section 36-798.05, Arizona Revised Statutes, is amended to read:

START_STATUTE36-798.05. Unsolicited delivery of tobacco products, alternative nicotine products or vapor products; violation; classification; civil penalties; definitions

A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products, alternative nicotine products or vapor products unsolicited by at least one adult person who is at least twenty-one years of age and who resides at that address.

B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.

C. A person who violates subsection A of this section is subject to a civil penalty in an amount of not to exceed five thousand dollars more than $5,000 for each violation. Each delivery of a tobacco product, alternative nicotine product or vapor product shall constitute a separate violation.

D. The attorney general may bring an action to recover civil penalties and, as determined by the court, taxable costs, such other fees and expenses reasonably incurred and reasonable attorney fees, in the name of the state for a violation of this section. All civil penalties recovered shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund and all other monies recovered shall be deposited, pursuant to sections 35-146 and 35-147, in the antitrust enforcement revolving fund established by section 41-191.02.

E. In For the purposes of this section, unless the context otherwise requires:

1. "Knowingly" has the same meaning prescribed in section 13-105.

2. "Person" means an individual, partnership, firm, association, corporation, limited liability company, limited liability partnership, joint venture, or other entity, other than an individual or entity engaged in the delivery of items for hire. END_STATUTE

Sec. 7. Title 36, chapter 6, article 14, Arizona Revised Statutes, is amended by adding section 36-798.07, to read:

START_STATUTE36-798.07. Retail sale requirements; underage access; prevention

A. A retail tobacco vendor may not sell, offer to sell, furnish or give tobacco products, alternative nicotine products or vapor products, unless the retail tobacco vendor prominently displays a sign measuring at least eighty square inches that states in block letters:

It is illegal for a person who is under twenty-one years of age to purchase cigarettes or tobacco products, alternative nicotine products or vapor products and, on conviction, a fine of up to $300 may be imposed.

B. A retail tobacco vendor may not sell, offer to sell, furnish or give tobacco products, alternative nicotine products or vapor products to a person without first examining the person's government-issued photographic identification to establish that the person is at least twenty-one years of age, if the person reasonably appears to be under thirty years of age. END_STATUTE

Sec. 8. Effective date

This act is effective from and after December 31, 2022.

Sec. 9. Severability

If a provision of this act or its application to any person or circumstance is held invalid, this invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.