Report Title:
Self-Service Displays; Cigarettes
Description:
Prohibits sale of cigarettes from self-service displays. Defines "self-service displays". Clarifies definition of "cigarette vending machine". Changes amount of fine from $1,000 per day to unspecified amounts for first and subsequent offenses. (HB527 HD2)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
527 |
TWENTY-FOURTH LEGISLATURE, 2007 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to tobacco.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 328J-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328J‑16[]]
Cigarette sales from vending machines, self-service displays, and by
lunch wagons prohibited. (a) The sale or distribution [at no charge]
of cigarettes by the following methods is prohibited:
(1) From cigarette vending machines, unless
the vending machine is located in a bar, cabaret, or any establishment for
which the minimum age for admission is eighteen; [or]
(2) From a lunch wagon engaging in any sales activity
within one thousand feet of any public or private elementary or secondary
school grounds[.]; or
(3) From a self-service display, except a cigarette vending machine as provided in this subsection.
(b) Violations of subsection (a), including
placement of a cigarette vending machine in a location other than a bar,
cabaret, or any establishment for which the minimum age for admission is
eighteen, are subject to a fine of up to [$1,000 per day for each violation.]
$ for the first offense. Any subsequent
offenses at the same location within
shall subject the person to a
fine of not less than $ or more than
$ .
(c) As used in this section:
"Cigarette vending machine" means a
self-service device that dispenses cigarettes, cigars, tobacco, or any other
product containing tobacco[.], except a vending machine that
dispenses cigarettes, cigars, tobacco, or any other product containing tobacco
through the operation of a device that requires a salesperson to control the
dispensation of the product.
"Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks.
"Self-service display" means a display that contains cigarettes and is located in an area openly accessible to customers and from which customers can readily access cigarettes without the assistance of a salesperson. A display case that holds cigarettes from behind locked doors shall not constitute a self-service display for purposes of this section.
"Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2010.