B.__A person who submits ordering information under subsection 2, paragraph A in another person's name commits a civil violation for which a fine of not more than $10,000 may be adjudged or for which a term of imprisonment not to exceed 5 years may be adjudged, or both.

11.__Enforcement.__The Attorney General or the Attorney General's designee, or any person who holds a permit under 26 United States Code, Section 5712 (1997), may bring an action in the appropriate court in the State to prevent or restrain violations of this chapter by any person or any person controlling that person.

Sec. 4. 36 MRSA §4372-A, sub-§7, as amended by PL 1999, c. 616, §6, is further amended to read:

7. Hearings; disposition; deposit of funds. At a hearing, other than a default proceeding, the court shall hear evidence, make findings of fact, enter conclusions of law and file a final order from which the parties have the right of appeal. When cigarettes are ordered forfeited, the final order must provide for the disposition of the cigarettes by the State Tax Assessor by public auction or by the State Purchasing Agent. Proceeds must be deposited in the General Fund. Cigarettes described in section 4366-C, subsection 1 and Title 22, section 1555-C must be destroyed by the State Tax Assessor in a manner that prevents their reintroduction into the marketplace.

SUMMARY

This bill amends the statutes to strengthen the regulation of delivery sales of cigarettes, especially with regards to preventing sales to minors. Delivery sales of cigarettes are any sales of cigarettes to consumers in the State, with the consumers ordering the cigarettes over the phone or Internet and receiving the cigarettes via the mail or delivery service. The bill also clarifies the collection of taxes with regard to the delivery sales of cigarettes.