An Act To Discourage Further the Sale of Tobacco to Minors
Maine Legislature, Session 122, LD 0885
Committee: Health and Human Services
Sponsors: TURNER, MAYO, MITCHELL, DAVIS, DUPLESSIE, MILLER, MILLS, NORTON, PINGREE
Amends: 22 MRSA §1541, 22 MRSA §1542, 22 MRSA §1555-B, 22 MRSA §1558

Legislative Document 
No. 885 
S.P.293 
In Senate, February 22, 2005 
An Act To Discourage Further the Sale of Tobacco to Minors 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator TURNER of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: MAYO of Sagadahoc, MITCHELL of Kennebec, Representatives: 
DAVIS of Falmouth, DUPLESSIE of Westbrook, MILLER of Somerville, MILLS of 
Farmington, NORTON of Bangor, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1541. sub-§7 is enacted to read: 
7. 
Tobacco specialty store. 
"Tobacco 
specialty store" 
means a retail business under 2,000 square feet in which at least 
609-0 
of the business's gross revenue for the last calendar year 
was 
derived 
from 
the 
sale 
of 
tobacco 
or 
tobacco-related 
products. 
A tobacco specialty store may not permit anyone under 
years of age to enter the premises, regardless of whether or 
not smoking is allowed. 
Sec. 2. 22 MRSA §1542, sub-§2, ,L, as enacted by PL 1993, c. 
342, §1 and affected by §9, is amended to read: 
L. 
Smoking is not prohibited in a 
~esai±-~~~~~~-6TGGg 
s~~a~e-~~-~~~-pFimaFi1y-~e~~~-~~~~-ee9aeee-~e±a~ea 
p~es~ess tobacco specialty store. 
Sec. 3. 22 MRSA §1555-B, sub-§I, as enacted by PL 1997, c. 
305, §5, is amended to read: 
1. 
Retail sales. 
Tobacco products may be sold at retail 
only in a direct, face-to-face exchange in which the purchaser 
may be clearly identified and through the mail under procedures 
approved by the department to provide reliable verification that 
the purchaser is not a minor. 
For direct. face-to-face sales, 
employees who sell tobacco products must be at least 17 years of 
age. 
An employee who is at least 17 years of age but less than 
years of age may sell tobacco products only in the presence of 
an 
employee 
who 
is at least 
years of 
age 
and is in a 
supervisory capacity. 
Sec. 4. 22 MRSA §1558, sub-§8, ,A, as enacted by PL 1995, c. 
470, §9 and affected by §19 and amended by PL 2003, c. 689, Pt. 
B, §6, is further amended to read: 
A. 
The District Court shall maintain a record of all fines 
received by the court. 
Any fines received must be credited 
as follows: 
1/2 to the Department of Health and Human 
Services in sae a nonlapsing account esea&1i&aeG-iB-~e€~ieH 
;I,§§;h--s-ubse-o-t.-i-on--4 to be used by the department to defray 
administrative costs of retail tobacco licensing and 1/2 to 
a nonlapsing account to be 
sise~i&l:l:ee4-t.wiee--a-~--t,e.-±aw 
eBfeFeemeBe-a~eBeies used by the Attorney General to support 
enforcement and responsible retailing education programs. 
Annually, the court shall report to the Office of Substance 
Abuse the total amount of fines collected aBs-se-waem-aHa-iH 
waas-ameHBss-sae-eelleeses-fiBes-weFe-aispeFses. 
SUMMARY 
This bill prohibits minors from entering tobacco specialty 
shops, 
imposes the 
same restrictions on who may sell tobacco 
products in retail establishments as are currently imposed for 
the retail sale of alcohol, redirects revenue from fines assessed 
by 
the courts 
for 
underage 
tobacco 
sales 
from 
the 
Criminal 
Justice 
Academy 
to 
the 
Office 
of 
the 
Attorney 
General 
and 
corrects an accounting inconsistency created when retail tobacco 
license fees were redirected to the General Fund in 2004.