H. B. 4181


(By Delegates Henderson, Miller and Huntwork)
[Introduced January 28, 1994; referred to the
Committee on the Judiciary.]




A BILL to amend article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-two, relating to the distribution of free samples of tobacco products at any public gathering where there are minors in attendance.

Be it enacted by the Legislature of West Virginia:

That article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-two, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§ 61-10-32. Free samples of tobacco products prohibited at public gatherings where minors are in attendance.

The distribution of any free, complimentary or sample tobacco products by any wholesaler, manufacturer, distributor, retailer, marketing or advertising agency or agent thereof at any public meeting, event or gathering where minors are present or are in the audience is prohibited. Tobacco products include cigarettes, cigars, snuff or any other forms of smokeless tobacco. Public events include, but are not limited to, sporting events, concerts, festivals, rallies, parades and trade shows and include any meetings or gatherings that are held on public property and are open to the public. Any individual who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not to exceed five hundred dollars.




NOTE: The purpose of this bill is to prohibit the distribution of free samples of tobacco products at any public gathering where there are minors in attendance.

This section is new; therefore, strike-throughs and underscoring have been omitted.