ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4183
(By Delegates Rowe, C. White, Ashley,
Manuel, Hunt, Webb and J. Smith)
[Originating in the Committee on the Judiciary]
[February 14, 2000]
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 prohibiting the sale of tobacco products in
vending machines.
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. Selling of tobacco products in vending machines
prohibited except in certain places.
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.