§712-1257  Prohibited cigarette sales of
less than twenty.  (1)  It shall be unlawful to sell single cigarettes or
packs of cigarettes containing less than twenty cigarettes.  It further shall
be unlawful to sell cigarettes other than in sealed packages originating with
the manufacturer and bearing the health warning required by law.



(2)  As used in this section, "to
sell" includes:  to solicit and receive an order for; to have, or keep, or
offer, or expose for sale; to deliver for value or in any other way than purely
gratuitously; to peddle; to keep with intent to sell; and to traffic in.



(3)  "Sale" includes every act of
selling as defined in [subsection (2)].



(4)  Any person who violates subsection (1),
shall be fined not more than $2,500 for the first offense.  Any subsequent
offense shall subject the person to a fine of not less than $100 and not more
than $5,000.  Any person who knowingly violates subsection (1) shall be guilty
of a class C felony. [L 1996, c 53, §1; am L 2000, c 201, §2]



 



Cross References



 



  Sale of tobacco to minors, see §709-908.



 



COMMENTARY ON §712-1257



 



  Act 53, Session Laws 1996, added this section to prohibit the
sale of single cigarettes or cigarettes in packs of less than twenty and in
other than in sealed packages originating with the manufacturer and bearing the
required health warning.  The legislature found that the sale of cigarettes in
amounts of less than twenty was specifically aimed at minors.  The legislature
sought to prevent the distribution of cigarettes to minors through quantity and
price control.  House Standing Committee Report No. 924-96, Senate Standing
Committee Report No. 2013.



  Act 201, Session Laws 2000, amended this section by
increasing to a class C felony the penalty for anyone who knowingly sells single
cigarettes or packs of cigarettes containing less than twenty cigarettes. 
Conference Committee Report No. 108.