[§245‑2.7]  Unlawful tobacco
retailing in the second 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 second degree if the person or entity recklessly
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 fewer than five thousand cigarettes or any tobacco
products.



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