[§245‑2.7]  Unlawful tobaccoretailing in the second degree.  (a)  Beginning March 1, 2007, a person orentity required to obtain a retail tobacco permit commits the offense ofunlawful tobacco retailing in the second degree if the person or entity recklesslyfails to obtain a valid permit required under section 245-2.5 and, for thepurposes of retail sale, recklessly sells, possesses, stores, acquires,distributes, or transports fewer than five thousand cigarettes or any tobaccoproducts.

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