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REFERENCE TITLE: tobacco products; prohibited sales; signage |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1363 |
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Introduced by Senators Carter: Bowie, Boyer, Bradley, Farnsworth D, Pratt; Representative Bolding
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AN ACT
amending section 13‑3622, Arizona Revised Statutes; amending title 36, chapter 6. article 14, Arizona Revised Statutes, by adding section 36‑798.07; relating to tobacco products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Selling, giving or furnishing of tobacco product to underage person; illegally obtaining tobacco product by a minor; classification; attorney general compliance checks; definitions
A. A person who knowingly sells, gives or furnishes a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor an individual who is under twenty‑one years of age is guilty of a petty offense.
B. A minor who knowingly buys, or has in his possession or knowingly accepts or receives from any person, a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, shall pay a fine of not less more than one hundred dollars $100 or perform not less more than thirty hours of community restitution.
C. A minor who misrepresents the minor's age to any another person by means of a written instrument of identification with the intent to induce the other person to sell, give or furnish a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding section 13‑802, shall pay a fine of not more than five hundred dollars $500.
D. A person who sells, gives or furnishes a tobacco product shall verify the age of the individual who is receiving the tobacco product by means of a government‑issued photographic identification that contains the individual's date of birth. The person shall not sell, give or furnish the tobacco product to an individual who fails to provide adequate proof of the individual's age.
E. It is not a defense to a prosecution for a violation of subsection A of this section that the individual appeared to be over twenty‑one years of age.
F. This section does not prohibit a political subdivision of this state from enacting a rule or ordinance that is more restrictive than this section.
G. The attorney general or the attorney general's authorized agent may enforce this section by conducting a compliance check on retail tobacco vendors using programs and protocols that are developed by the attorney general. The results of a compliance check are a public record.
D. H. This section does not apply to any of the following:
1. cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.
2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha.
E. I. For the purposes of this section:
1. "Electronic smoking device":
(a) Means a device that can be used to deliver aerosolized or vaporized nicotine to a person who inhales from the device, including an e‑cigarette, e‑cigar, e‑pipe, vape pen or e‑hookah, and any component, part or accessory of the device, whether or not sold separately.
(b) Includes any substance that is intended to be aerosolized or vaporized during the use of the device.
2. "Person" includes a retailer.
1. 3. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. 4. "Tobacco product":
(a) Means any of the following:
(a) Cigars.
(b) Cigarettes.
(c) Cigarette papers of any kind.
(d) Smoking tobacco of any kind.
(e) Chewing tobacco of any kind product that is made or derived from tobacco or that contains nicotine and that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means.
(b) Includes a cigarette, a cigar, pipe tobacco, chewing tobacco, shisha, snuff, snus, an electronic smoking device and any component, accessory, instrument or paraphernalia that is used in the consumption of a tobacco product, whether or not it contains nicotine, or that is solely designed for the smoking or ingesting of tobacco or shisha, including a hookah, a waterpipe, a filter, rolling papers, a pipe or liquids used in electronic smoking devices.
(c) Does not include drugs, devices or combination products that are authorized for sale by the United States food and drug administration as those terms are defined in the federal Food, drug and cosmetic act.
3. "Vapor product" means a noncombustible tobacco‑derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug and cosmetic act.
Sec. 2. Title 36, chapter 6, article 14, Arizona Revised Statutes, is amended by adding section 36-798.07, to read:
36-798.07. Retail tobacco vendor; signage; unlawful practice; violation; classification; definition
A. A retail tobacco vendor may not sell or allow the sale of tobacco products, including electronic smoking devices, unless a sign is posted at the location where the tobacco products are available for purchase. The sign must measure at least eighty square inches and state in block letters that are at least one‑half inch in height that a person who is under twenty‑one years of age may not be sold tobacco products.
B. This section does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county, city or town that has stricter signage requirements at the location where tobacco products are sold or that specifies different wording for the sign than the wording that is required by this section.
C. A violation of this section is an unlawful practice under section 44-1522 and is in addition to all other causes of action, remedies and penalties that are available to this state. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.
D. A violation of this section is a petty offense.
E. For the purposes of this section, "electronic smoking devices" and "tobacco products" have the same meanings prescribed in section 13‑3622.