1.__License required.__A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1.

2.__Penalties.__The following penalties apply to violations of this section.

A.__A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs.__The fine and costs may not be suspended.__The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.

B.__A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs.__The fine and costs may not be suspended.__The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days.

C.__A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days.__The fine, court costs and term of imprisonment may not be suspended.__The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months.

3.__Strict liability.__Violation of this section is a strict liability crime as defined in Title 17-A section 34, subsection 4-A.

4.__Prior convictions.__Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

Sec. L-7. 22 MRSA §1555-B, sub-§5, as amended by PL 1997, c. 578, §1, is repealed.

Sec. L-8. 22 MRSA §1555-B, sub-§§5-A to 5-C are enacted to read: