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The Vermont Statutes Online
Title
07
:
Alcoholic Beverages
Chapter
040
:
TOBACCO PRODUCTS
§
1005. Persons under 18 years of age; possession of tobacco products;
misrepresenting age or purchasing tobacco products;
penalty
(a) A person
under 18 years of age shall not possess, purchase, or attempt to purchase
tobacco products, tobacco substitutes, or tobacco paraphernalia unless the
person is an employee of a holder of a tobacco license and is in possession of
tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a
sale in the course of employment. A person under 18 years of age shall not
misrepresent his or her age to purchase or attempt to purchase tobacco
products, tobacco substitutes, or tobacco paraphernalia. A person who possesses
tobacco products, tobacco substitutes, or tobacco paraphernalia in violation of
this subsection shall be subject to having the tobacco products, tobacco
substitutes, or tobacco paraphernalia immediately confiscated and shall be
further subject to a civil penalty of $25.00. In the case of failure to pay a
penalty, the Judicial Bureau shall mail a notice to the person at the address
in the complaint notifying the person that failure to pay the penalty within 60
days of the notice will result in either the suspension of the person's
operator's license for a period of not more than 90 days or the delay of the
initial licensing of the person for a period of not more than one year. A copy
of the notice shall be sent to the Commissioner of Motor Vehicles, who, after
expiration of 60 days from the date of notice and unless notified by the
Judicial Bureau that the penalty has been paid shall either suspend the
person's operator's license or cause initial licensing of the person to be
delayed for the periods set forth in this subsection and the rules. An action
under this subsection shall be brought in the same manner as a traffic
violation pursuant to 23 V.S.A. chapter 24. The Commissioner of Motor Vehicles
shall adopt rules in accordance with the provisions of 3 V.S.A. chapter 25 to
implement the provisions of this subsection, which may provide for incremental
suspension or delays not exceeding cumulatively the maximum periods established
by this subsection.
(b) A person
under 18 years of age who misrepresents his or her age by presenting false
identification to purchase tobacco products, tobacco substitutes, or tobacco
paraphernalia shall be fined not more than $50.00 or provide up to 10 hours of
community service, or both. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended
1997, No. 58, § 5; 1997, No. 121 (Adj. Sess.), § 26; 2013, No. 14, § 5.)