§ 44-7-106. Limitation on Fines

1. 1. For a violation of section 44-7-103 (1), the penalty is as follows:
      1. A fine in an amount of at least two hundred fifty dollars but not more than five hundred dollars for a first violation committed within a twenty-four-month period;
      2. A fine in an amount of at least five hundred dollars but not more than seven hundred fifty dollars for a second violation within a twenty-four-month period and a prohibition against the retailer selling cigarettes, tobacco products, or nicotine products at the retail location at which the violation occurred for at least seven days following the date that the fine is imposed;
      3. A fine in an amount of at least seven hundred fifty dollars but not more than one thousand dollars for a third violation within a twenty-four-month period and a prohibition against the retailer selling cigarettes, tobacco products, or nicotine products at the retail location at which the violation occurred for at least thirty days following the date that the fine is imposed; and
      4. A fine in an amount of at least one thousand dollars but not more than fifteen thousand dollars for a fourth or subsequent violation within a twenty-four-month period and a prohibition against the retailer selling cigarettes, tobacco products, or nicotine products at the retail location at which the violation occurred for up to three years following the date that the fine is imposed.
   2. For a violation of section 44-7-103 (4), the penalty is as follows:
      1. A written warning for a first violation committed within a twenty-four-month period;
      2. A fine of two hundred fifty dollars for a second violation within a twenty-four-month period;
      3. A fine of five hundred dollars for a third violation within a twenty-four-month period;
      4. A fine of one thousand dollars for a fourth violation within a twenty-four-month period; and
      5. A fine of at least one thousand dollars but not more than fifteen thousand dollars for a fifth or subsequent violation within a twenty-four-month period.
   3. 1. On or after July 1, 2021, a person who sells or offers to sell cigarettes, tobacco products, or nicotine products without a valid state license issued pursuant to this section is subject to the following civil fines for each retail location at which the person sells or offers to sell cigarettes, tobacco products, or nicotine products without a valid state license:
         1. One thousand dollars for the first violation;
         2. Two thousand dollars for the second violation within twenty-four months; and
         3. Three thousand dollars for the third or subsequent violation within twenty-four months.
      2. Each sale of or offer to sell cigarettes, tobacco products, or nicotine products without a valid state license is a distinct violation of this section subject to a fine.
      3. If the division finds that a retailer has violated this subsection (1)(c) three times within twenty-four months, the division shall issue the retailer an order prohibiting the retailer from selling cigarettes, tobacco products, or nicotine products, which order renders the retailer ineligible to apply for a state license for three years following the date of the order.
      4. The fine amounts set forth in subsection (1)(c)(I) of this section also apply to violations of section 44-7-104.7 (2) and (3).
2. Notwithstanding subsection (1) of this section, a fine for a violation of section 44-7-103 (1) shall not be imposed upon a retailer that can establish an affirmative defense to the satisfaction of the division or the hearing officer that, prior to the date of the violation, it:
   1. Had adopted and enforced a written policy against selling cigarettes, tobacco products, or nicotine products to persons under twenty-one years of age;
   2. Had informed its employees of the applicable laws regarding the sale of cigarettes, tobacco products, or nicotine products to persons under twenty-one years of age;
   3. Required employees to verify the age of cigarette, tobacco product, or nicotine product customers by way of photographic identification; and
   4. Had established and imposed disciplinary sanctions for noncompliance.
3. The affirmative defense established in subsection (2) of this section may be used by a retailer only once at each location within any twenty-four-month period.
4. 1. 1. The penalty for a violation of section 44-7-103 (2) or (4.5) is a fine of twenty-five dollars for a first violation committed within a twenty-four-month period. (4) (a) (I) The penalty for a violation of section 44-7-103 (2) or (4.5) is a fine of twenty-five dollars for a first violation committed within a twenty-four-month period.
      2. The penalty for a violation of section 44-7-103 (3) is a written warning for a first violation committed within a twenty-four-month period.
   2. For a violation of section 44-7-103 (2), (3), or (4.5), the penalty is as follows:
      1. A fine of fifty dollars for a second violation within a twenty-four-month period;
      2. A fine of one hundred dollars for a third violation within a twenty-four-month period;
      3. A fine of two hundred fifty dollars for a fourth violation within a twenty-four-month period; and
      4. A fine of at least two hundred fifty dollars but not more than one thousand dollars for a fifth or subsequent violation within a twenty-four-month period.
5. Notwithstanding subsection (3) of this section, a licensed gaming establishment, as defined in section 44-30-103 (18) that has a cigar-tobacco bar, as defined in section 25-14-203 (4), on July 14, 2020, shall be afforded two affirmative defenses within a twenty-four-month period.

Source: L. 2018: Entire article added with relocations, (SB 18-036), ch. 34, p. 375, § 2, effective October 1. L. 2020: Entire section amended, (HB 20-1001), ch. 302, p. 1514, § 12, effective July 14.

Editor’s note: This section is similar to former § 24-35-506 as it existed prior to 2018.