[§245‑2.6]  Unlawful tobacco
retailing in the first degree.  (a)  Beginning March 1, 2007, a person or
entity required to obtain a retail tobacco permit commits the offense of
unlawful tobacco retailing in the first degree if the person or entity knowingly
fails to obtain a valid permit required under section 245-2.5 and, for the
purposes of retail sale, recklessly sells, possesses, stores, acquires,
distributes, or transports five thousand or more cigarettes.



(b)  Unlawful tobacco retailing in the first degree
is a misdemeanor, except that any offense under subsection (a) that occurs
within five years of a conviction for unlawful tobacco retailing in the first
degree is a class C felony. [L 2005, c 131, pt of §1, §9(2); am L 2009, c 30,
§2]