§1005. Persons under 18 years of age; possession of tobacco products; misrepresenting

Link to law: http://legislature.vermont.gov/statutes/section/07/040/01005
Published: 2015

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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.)
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