Ch. 110                                        1994 LAWS OF MARYLAND

(I) PROSECUTED IN A CIVIL ACTION BY THE APPROPRIATE
STATE'S ATTORNEY'S OFFICE, IN THE MARYLAND DISTRICT COURT HAVING
JURISDICTION; AND

(II) SUBJECT TO:                                     

1. FOR A VIOLATION WHERE THERE HAS BEEN NO
PREVIOUS VIOLATION WITHIN THE 3 YEAR PERIOD PRECEDING THE VIOLATION AT
ISSUE, A FINE OF NOT LESS THAN $300 AND NOT MORE THAN $500;

2. FOR A VIOLATION WHERE THERE HAS BEEN A SINGLE
VIOLATION WITHIN THE 3 YEAR PERIOD PRECEDING THE VIOLATION AT ISSUE, A
FINE OF NOT LESS THAN $1,000 AND NOT MORE THAN $5,000;

                           3. FOR A VIOLATION WHERE THERE HAVE BEEN TWO

VIOLATIONS WITHIN THE 3 YEAR PERIOD PRECEDING THE VIOLATION AT ISSUE, A
FINE OF NOT LESS THAN $3,000 AND NOT MORE THAN $5,000, AND AT THE
DISCRETION OF THE COURT, NOT LESS THAN A 60 DAY SUSPENSION OF THE
PERSON'S, RETAILER, WHOLESALER, OR SUBWHOLESALER CIGARETTE LICENSE; OR

                        4. FOR A VIOLATION WHERE THERE HAVE BEEN THREE OR

MORE VIOLATIONS WITHIN THE 3 YEAR PERIOD PRECEDING THE VIOLATION AT

ISSUE, REVOCATION OF THE PERSON'S RETAILER, WHOLESALER, OR

SUBWHOLESALER CIGARETTE LICENSE.

(2) A PERSON WHOSE LICENSE HAS BEEN REVOKED IN ACCORDANCE
WITH PARAGRAPH (1)(II)4 OF THIS SUBSECTION MAY NOT APPLY WITHIN A PERIOD
OF 3 YEARS FROM THE DATE OF REVOCATION FOR A NEW CIGARETTE LICENSE.

(3) IF A VIOLATION OF SECTION 404(B) OF ARTICLE 27, CRIMES AND
PUNISHMENTS, RESULTS IN SUSPENSION OR REVOCATION OF THE PERSON'S
RETAILER, WHOLESALER, OR SUBWHOLESALER LICENSE, THE CLERK OF THE
COURT SHALL IMMEDIATELY NOTIFY THE COMPTROLLER.

(B) A MINOR WHO VIOLATES § 404(D) OF THIS ARTICLE SHALL BE:

(1) PROSECUTED IN A CIVIL ACTION BY THE APPROPRIATE STATE'S
ATTORNEY'S OFFICE, IN THE MARYLAND DISTRICT COURT HAVING JURISDICTION;

(2) SUBJECT TO:

(I) NOT MORE THAN A $250 FINE FOR THE FIRST VIOLATION; OR

(II) NOT MORE THAN A $500 FINE FOR A SECOND OR SUBSEQUENT
VIOLATION;

(3)      REQUIRED TO ATTEND A SMOKING CESSATION CLINIC, OR OTHER
SUITABLE PRESENTATION OF THE HAZARDS ASSOCIATED WITH TOBACCO USE; OR

(4)      REQUIRED TO PERFORM COMMUNITY SERVICE AS MAY BE
DETERMINED BY THE COURT.

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