[§328J‑17]  Distribution of samplecigarette or tobacco products, cigarette or tobacco promotional materials, andcoupons redeemable for cigarette or tobacco products or promotional materials. (a)  It is unlawful for any person to distribute samples of cigarette ortobacco products, or coupons redeemable for cigarette or tobacco products, inor on any public street, sidewalk, or park, or within one thousand feet of anyelementary, middle or intermediate, or high school.

(b)  It is unlawful for any person todistribute cigarette or tobacco promotional materials, or coupons redeemablefor cigarette or tobacco promotional materials, within one thousand feet of anyelementary, middle or intermediate, or high school.

(c)  This section shall not apply:

(1)  Within private commercial establishments, such asstores and restaurants, where tobacco products are sold, as long asdistribution is not visible to the public from outside the establishment; or

(2)  To commercial establishments where access to thepremises by persons under eighteen years of age is prohibited by law.

(d)  Any person convicted of violating thissection shall be fined not more than $1,000.

(e)  As used in this section:

"Distribute" means to pass out tomembers of the general public free of charge for the exclusive purpose ofpromoting a product. [L 2006, c 295, pt of §2]