WILLIAM DONALD SCHAEFER, Governor Ch. 301

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

BY repealing and reenacting, with amendments,

Article 56 - Licenses

Section 617(b)

Annotated Code of Maryland

(1988 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

404.

It shall not be lawful for any dealer, vendor or other
person or persons or body corporate engaged in the manufacture of
cigars, cigarettes, tobacco, or smokeless tobacco, or in any
occupation in which the buying or selling of said goods, wares
and merchandise shall constitute the whole or any part of his,
her, its or their occupation, to sell, barter or give any cigar
or cigars, cigarette or cigarettes, smoking or chewing tobacco,
or smokeless tobacco to any individual under the age of [16] 18
years, [unless previously authorized in writing by the parent or
guardian of such individual, or] unless such individual is acting
solely as the agent of his employer; nor shall it be lawful for
any person not a dealer to purchase for any individual under the
age of [16] 18 years any cigar or cigars, cigarette or
cigarettes, smoking or chewing tobacco, or smokeless tobacco.

405.

(A)   [Any] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, ANY person or persons or body corporate being a
manufacturer, dealer, vendor as aforesaid, or any other person or
persons or body corporate violating the provisions of § 404 of
this article, shall, upon conviction thereof in any court of
competent jurisdiction, be fined in a sum of not [less than ten
dollars nor] more than one hundred dollars for each and every
offense[, or imprisoned in jail for not less than five nor more
than thirty days in default in payment of said fine].

(B)   IF THE REQUIREMENTS OF ARTICLE 56, § 617(B)(3) OF THE
CODE ARE SATISFIED, THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION DO NOT APPLY TO THE OWNER OF A TOBACCO PRODUCT VENDING
MACHINE OR ANY OTHER PERSON EXERCISING CONTROL OVER A TOBACCO
PRODUCT VENDING MACHINE IF A PERSON UNDER 18 HAS PURCHASED A
TOBACCO PRODUCT FROM A VENDING MACHINE.

- 2501 -