H. B. 2908
(By Mr. Speaker, Mr. Kiss, and Delegates
Staton and Capito)
[Introduced February 25, 1999; referred to
the Committee on the the Judiciary then
Finance.]
A BILL to amend article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eight, relating to vending machine tobacco sale; penalties.
Be it enacted by the Legislature of West Virginia:
That article nine-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section eight,
to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-8. Vending machine tobacco sales; location; penalty.
It shall be unlawful for any person to sell tobacco products
through a vending machine, unless (1) the vending machine is
located in an establishment to which individuals under the age of
eighteen years are denied access or are required to be accompanied by a parent or guardian, (2) the vending machine is located in an
area where it is continuously monitored by an adult. Any person
violating this section is guilty of a misdemeanor, and upon
conviction thereof, shall be fined not more than two hundred fifty
dollars.
NOTE: The purpose of this bill is to limit the placement of
vending machines which sell tobacco products to establishments
where those under 18 are not allowed or must be accompanied by an
adult.
§16-9A-8 is new; therefore, strike-throughs have been omitted.