HB2828 SUB 4-4
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) 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.