| | | 2-A.__Person.__"Person" means an individual, corporation, | | partnership or unincorporated association. |
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| | | 2-B.__Tobacco distributor.__"Tobacco distributor" or | | "distributor" means a person licensed as a distributor under | | Title 36, chapter 704. |
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| | | 3-A.__Tobacco retailer.__"Tobacco retailer" or "retailer" | | means a person located within or outside the State who sells | | tobacco products to a person in the State for personal | | consumption. |
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| | | Sec. 2. 22 MRSA §§1555-C and 1555-D are enacted to read: |
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| | | §1555-C.__Delivery sales of tobacco products |
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| | | The following requirements apply to delivery sales of tobacco | | products within the State. |
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| | | 1.__License required.__It is unlawful for any person to accept | | an order for a delivery sale of tobacco products to a consumer in | | the State unless that person is licensed under this chapter as a | | tobacco retailer.__The following penalties apply to violations of | | this subsection. |
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| | | A.__A person who violates this subsection commits a civil | | violation for which a fine of not less than $50 and not more | | than $1,500 may be adjudged for each violation. |
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| | | B.__A person who violates this subsection after having been | | previously adjudicated as violating this subsection or | | subsection 2, 3 or 4 commits a civil violation for which a | | fine of not less than $1,000 and not more than $5,000 may be | | adjudged. |
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| | | 2.__Requirements for accepting order for delivery sale.__The | | following provisions apply to acceptance of an order for a | | delivery sale of tobacco products. |
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| | | A.__When accepting the first order for a delivery sale from | | a consumer, the tobacco retailer shall obtain the following | | information from the person placing the order: |
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| | | (1) A copy of a valid government-issued document that | | provides the person's name, current address, photograph | | and date of birth; and |
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| | | (2) An original written statement signed by the person | | documenting that the person: |
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