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Engrossed Committee Substitute House Bill 2828 History

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Key: Green = existing Code. Red = new code to be enacted


ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 2828

(By Delegates Fleischauer, Beach, Marshall, Hrutkay, Leach, Compton and Perdue)

(Originating in the Committee on Health and Human Resources)

[April 4, 2001]


A BILL to amend and reenact section eight, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting any person or retail establishment from displaying cigarettes or other tobacco products in a manner that allows a purchaser direct access to the products; providing exceptions and establishing misdemeanor penalties.

Be it enacted by the Legislature of West Virginia:
That section eight, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§16-9A-8. Selling of tobacco products in vending machines prohibited; direct access to tobacco products prohibited; exceptions.

(a) No person or business entity may offer for sale any cigarette or other tobacco product in a vending machine: Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined two hundred fifty dollars: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control commissioner shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code prior to the first day of July, two thousand, which rules shall establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors.
(b) Except as provided in subsection (a), a person or retail establishment may not display or offer for sale cigarettes or other tobacco products in a manner that allows a purchaser direct access to the cigarettes or tobacco products. Cigarettes or other tobacco products must be placed behind a counter or other site where access is restricted: Provided, That the requirements of this section do not apply to the display or offering for sale of cigarettes or tobacco products:
(1) In tobacco specialty stores;
(2) In establishments where individuals under the age of eighteen years are not permitted;
(3) In establishments licensed by the alcohol beverage control commissioner as a Class A licensee; or
(4) In any retail establishment that has less than one thousand five hundred square feet and where the cigarettes and tobacco products are displayed within the unrestricted view of an owner or employee at all times.
(c) Any person, business entity or retail establishment violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined two hundred fifty dollars.
(d) The alcohol beverage control commissioner shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code prior to the first day of July, two thousand one, establishing standards for the location and control of vending machines in Class A licensed establishments and for the display of cigarettes or other tobacco products as required by this section.

(e) Any retailer who incurs costs or expenses on renovation or reconstruction of its facilities for the purpose of complying with the requirements of this section shall receive an income tax credit equal to such costs and expenditures, but not to exceed seven hundred fifty dollars, against the retailers personal or corporate income taxes.
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