Sec. 4. 22 MRSA §1555-B, sub-§8, ¶B, as amended by PL 1997, c. 393, Pt. D, §1, is further amended to read:

B. A person who violates subsection 5 commits a civil violation for which the following forfeitures may be adjudged.

(1) For a first offense, a forfeiture of not less than $100 and not more than $300 may be imposed. The judge, as an alternative to or in addition to the forfeiture permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.

(2) For a 2nd offense, a forfeiture of not less than $200 and not more than $500 may be imposed. The judge, as an alternative to or in addition to the forfeiture permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.

(3) For all subsequent offenses, a forfeiture of $500 must be imposed and that forfeiture may not be suspended. The judge, in addition to the forfeiture permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.

(4)__The court may suspend, for a period of up to 6 months, the license or permit to operate a motor vehicle, the right to operate a motor vehicle and the right to apply for and obtain a license.__The court shall give notice of suspension and take physical custody of an operator's license or permit as provided in Title 29-A, section 2434.__The court shall immediately forward the operator's license and a certified abstract of suspension to the Secretary of State.

Sec. 5. 22 MRSA §1558, sub-§9 is enacted to read:

9.__Uniformity.__All fines, suspensions and revocations must be applied evenly and fairly regardless of volume of business transacted by or number of licenses held by a licensee.

SUMMARY

This bill discourages the illegal sale of tobacco products to minors by ensuring that both the person who makes the sale and the owner of the establishment are prosecuted. The bill further penalizes minors for attempting to purchase tobacco and gives the court the authority to suspend a minor's driver's license after adjudication. The bill also provides uniformity in penalties for all tobacco sellers.