H. B. 4436
(By Delegates Boggs, Mahan,
Ashley and Perdue)
[Introduced February 8, 2000; referred to the
Committee on Health and Human Resources]
A BILL to amend and reenact section two, article nine-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to sales of tobacco
and tobacco related products; requiring verification of age by
means of reliable photographic identification containing the
person's date of birth prior to sales of tobacco and tobacco
related products to certain persons; restricting direct access
to certain tobacco and tobacco related products; providing
exemptions and providing criminal penalties for violations.
Be it enacted by the Legislature of West Virginia:
That section two, 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:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, or chewing tobacco to persons under eighteen;
manner of displaying and offering for sale; penalty.
(a) No person or business entity may sell, give or furnish, or
cause to be sold, given or furnished, to any person under the age
of eighteen years:
(a) (1) Any cigarette, cigarette paper or any other paper
prepared, manufactured or made for the purpose of smoking any
tobacco or tobacco product; or
(b) (2) Any cigar, pipe, snuff, chewing tobacco or tobacco
product, in any form.
(b) The tobacco and tobacco related products identified in
subsection (a) of this section may not be sold at retail to any
person under twenty-seven years of age unless the seller first
verifies that person's age by means of reliable photographic
identification containing the person's date of birth.
(c) The tobacco and tobacco related products identified in
subsection (a) of this section may be displayed or offered for sale
only in a manner that does not allow the purchaser direct access to
the products. The requirements of this subsection do not apply to
the display or offering for sale of the products:
(1) In multiunit packages of ten or more units;
(2) In tobacco specialty stores;
(3) In locations in which the presence of minors is generally
prohibited; or
(4) In a retail establishment where there is insufficient
space to provide an area that prevents the purchaser direct access
to the products, if the products are displayed within unrestricted
view, at all times, of an owner or employee.
(d) The requirements contained in subsections (b) and (c) of
this section do not preempt any other state or local provisions
that provides for more restrictive regulation of the sale of
tobacco and tobacco related products.
(e) Any firm or corporation which violates any of the
provisions of subdivision subsection (a), or (b) or (c) of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined twenty-five dollars for the first offense. Upon any
subsequent violation by that firm or corporation at the same
location or operating unit, the firm or corporation shall be fined
as follows: At least fifty dollars but not more than one hundred
dollars for the second offense, if it occurs within two years of
the first conviction; at least fifty dollars but not more than two
hundred dollars for the third offense, if it occurs within two
years of the first conviction; at least one hundred dollars but not
more than three hundred dollars for the fourth offense, if it
occurs within five years of the first conviction; and at least one
hundred dollars but not more than three hundred fifty dollars for
the fifth and any subsequent offenses, if the fifth or subsequent
offense occurs within five years of the first conviction. Any person individual who violates any provision of subdivision
subsection (a), or (b) or (c) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than ten nor more than twenty-five dollars.
NOTE: The purpose of this bill is to require tobacco and
tobacco related products to be displayed or offered for sale only
in a manner that does not allow the purchaser direct access to the
products. It also requires verification of age by means of
reliable photographic identification containing the person's date
of birth prior to sales of tobacco and tobacco related products to
persons under 27.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
HEALTH AND HUMAN RESOURCES COMMITTEE AMENDMENT
On page one, following the enacting clause, by striking out
the remainder of the bill and inserting in lieu thereof the
following:
That section two, article nine-a, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that said article nine-a be amended
by adding thereto a new section, designated section eight, all to
read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar,
snuff, or chewing tobacco to persons under eighteen;
manner of displaying and offering for sale; penalty.
(a) No person or business entity may sell, give or furnish, or
cause to be sold, given or furnished, to any person under the age
of eighteen years:
(a) (1) Any cigarette, cigarette paper or any other paper
prepared, manufactured or made for the purpose of smoking any
tobacco or tobacco product; or
(b) (2) Any cigar, pipe, snuff, chewing tobacco or tobacco
product, in any form.
(b) The tobacco and tobacco related products identified in
subsection (a) of this section may not be sold at retail to any
person unless the seller first verifies that person's age by means
of reliable photographic identification containing the person's
date of birth or other documentary evidence of the person's age.
(c) The tobacco and tobacco related products identified in
subsection (a) of this section may be displayed or offered for sale
only in a manner that does not allow the purchaser direct access to
the products. The requirements of this subsection do not apply to
the display or offering for sale of the products:
(1) In multiunit packages of ten or more units;
(2) In tobacco specialty stores;
(3) In locations in which the presence of minors is generally
prohibited; or
(4) In a retail establishment where there is insufficient
space to provide an area that prevents the purchaser direct access
to the products, if the products are displayed within unrestricted
view, at all times, of an owner or employee.
(d) The requirements contained in subsections (b) and (c) of
this section do not preempt any other state or local provisions
that provides for more restrictive regulation of the sale of
tobacco and tobacco related products.
(e) Any firm or corporation which violates any of the
provisions of subdivision subsection (a), or (b) or (c) of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined twenty-five dollars for the first offense. Upon any
subsequent violation by that firm or corporation at the same
location or operating unit, the firm or corporation shall be fined
as follows:
(1) At least fifty dollars but not more than one hundred
dollars for the second offense, if it occurs within two years of
the first conviction;
(2) At least fifty dollars but not more than two hundred
dollars for the third offense, if it occurs within two years of the
first conviction;
(3) At least one hundred dollars but not more than three hundred dollars for the fourth offense, if it occurs within five
years of the first conviction; and
(4) At least one hundred dollars but not more than three
hundred fifty dollars for the fifth and any subsequent offenses, if
the fifth or subsequent offense occurs within five years of the
first conviction.
(f) Any person individual who violates any provision of
subdivision subsection (a), or (b) or (c) of this section is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than ten nor more than twenty-five dollars.
§16-9A-8. All retailers to be licensed.
(a) Beginning on the first day of March, two thousand one,
any person or firm engaged in the sale of any tobacco or tobacco
related product to consumers in this state shall apply for and
receive a license to sell tobacco and tobacco related products.
(b) The person or firm shall make application to the state
tax commissioner on the same form prescribed by the commissioner
for application of a business franchise tax certificate. The
license shall be printed on the same certificate issued for the
business franchise tax.
(c) Any person or firm who sells any tobacco or tobacco
related product after the first day of July, two thousand one,
without being duly licensed as provided for hereunder is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred nor more than two thousand five hundred dollars.
HEALTH AND HUMAN RESOURCES COMMITTEE TITLE AMENDMENT
H. B. 4436 -- "A Bill to amend and reenact section two,
article nine-a, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, and to further amend
said article nine-a by adding thereto a new section, designated
section eight, all relating to sales of tobacco and tobacco related
products; requiring verification of age by means of reliable
photographic identification or other documentary evidence of age
prior to sales of tobacco and tobacco related products to any
person; restricting direct access to certain tobacco and tobacco
related products; creating exemptions, clarifying criminal penalties for violations as they apply to individuals; requiring
any person selling tobacco or tobacco related products in this
state to apply for and receive a license from the state tax
department and providing criminal penalties for selling tobacco
products without a license."