LD 1567
pg. 169
Page 168 of 179 PUBLIC Law Chapter 452 Page 170 of 179
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LR 526
Item 1

 
D.__A distributor who violates paragraph C after having been
previously adjudicated as violating paragraph C commits a
civil violation for which a fine of not less than $500 and
not more than $1,000 must be adjudged for each subsequent
violation.

 
Sec. U-10. 36 MRSA §4366-A, sub-§1, as enacted by PL 1997, c. 458,
§10, is repealed and the following enacted in its place:

 
1.__Generally.__A distributor may not:

 
A.__Sell, offer for sale or display for sale any cigarettes
within this State that do not bear stamps evidencing the
payment of the tax imposed by this chapter; or

 
B.__Violate paragraph A when the distributor has 2 prior
convictions for violation of this chapter.

 
The face value of the stamps must be considered as part of the
retail cost of the cigarettes.

 
Sec. U-11. 36 MRSA §4366-A, sub-§4, as enacted by PL 1997, c. 458,
§10, is repealed and the following enacted in its place:

 
4.__Resale and reuse of stamps prohibited.__A distributor may
not:

 
A.__Sell, transfer or use more than once cigarette stamps
issued by the assessor pursuant to this chapter; or

 
B.__Violate paragraph A when the distributor has 2 prior
convictions for violation of this chapter.

 
Sec. U-12. 36 MRSA §4366-A, sub-§4-A is enacted to read:

 
4-A.__Redemption of stamps.__The assessor shall redeem any
unused, uncancelled stamps presented within one year of the date
of purchase by a licensed distributor at a price equal to the
amount paid for them.__The assessor may also redeem, at face
value, cigarette tax stamps affixed to packages of cigarettes
that have become unsalable if application is made within 90 days
of the return of the unsalable cigarettes to the manufacturer.__
The Treasurer of State shall provide out of money collected
pursuant to this chapter, the funds necessary for the redemption.

 
Sec. U-13. 36 MRSA §4366-A, sub-§6, as enacted by PL 1997, c. 458,
§10, is repealed and the following enacted in its place:

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


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