H. B. 2072

(By Delegates Fleischauer, Beach,
Hrutkay, Leach and Perdue)

[Introduced January 9, 2003; referred to the
Committee on Health and Human Resources then the Judiciary.]

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 a retailer from displaying cigarettes or other tobacco products in a manner that allows a purchaser direct access to the products; penalties; and exceptions.

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 products. Cigarettes or other tobacco products must be placed behind a counter or other site where access is restricted. A person or retail establishment violating the provisions of this subsection (b) is guilty of a misdemeanor and, upon conviction thereof, shall be fined two hundred fifty dollars. The requirements set forth in this subsection (b) do not apply to the display or offering for sale of products:
(1) In tobacco specialty stores; or
(2) In establishments where

NOTE: The purpose of this bill is to prohibit a retailer from displaying cigarettes or other tobacco products in a manner that allows a purchaser direct access to the products. The cigarettes or other tobacco products must be placed behind a counter or other site where access is restricted.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.