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PARRIS N. GLENDENING, Governor
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Ch. 247
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CHAPTER 247
(Senate Bill 271)
AN ACT concerning
Tobacco Products - Vending Machines - Access by Minors
FOR the purpose of prohibiting the sale or dispensing of a tobacco product by means
of a vending machine; establishing certain exceptions; establishing a certain
penalty; repealing a certain exemption from certain penalties for sales of tobacco
products to minors for owners of and other persons exercising control over
tobacco product vending machines; defining certain terms; providing for a
delayed effective date making this Act contingent on the failure of certain
legislation; and generally relating to tobacco product vending machines and
access to tobacco product vending machines by minors.
BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 405
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
BY adding to
Article - Business Regulation
Section 16-3A-01 through 16-3A-03, inclusive, to be under the new subtitle
"Subtitle 3A. Placement of Tobacco Product Vending Machines"
Annotated Code of Maryland
(1998 Replacement Volume and 1999 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
405.
(a) [Except as provided in subsection (b) of this section, a] A person who
violates § 404(b) of this subheading shall be subject to:
(1) For a first violation, a fine of not more than $300;
(2) For a second violation occurring within a 2-year period of the first
violation, a fine of not more than $1,000; and
(3) For a third or subsequent violation occurring within a 2-year period
of the prior violation, a fine of not more than $3,000.
[(b) If the requirements of § 16-209(b)(2)(ii) of the Business Regulation Article
are satisfied, the provisions of subsection (a) of this section do not apply to the owner
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- 1541 -
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