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



(b)  It is unlawful for any person to
distribute cigarette or tobacco promotional materials, or coupons redeemable
for cigarette or tobacco promotional materials, within one thousand feet of any
elementary, middle or intermediate, or high school.



(c)  This section shall not apply:



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



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



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



(e)  As used in this section:



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