Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in these rules, unless the context otherwise
				  indicates, the following terms have the following meanings.
A.
Adult
means any individual 21
				years of age or older.
B.
Applicant
means any person 18 years of age or older or any partnership
				or corporation where the partners or managing officers are 18 years of age or
				older.
C.
Cigarette
				Paper
means those papers or paper-like products used to roll cigarettes,
				which by advertising, design or use facilitate the use of tobacco or other
				products for inhalation.
D.
Consumer
means an individual who purchases, receives or possesses
				tobacco products for personal consumption and not for resale.
E.
Delivery Service
means a
				person, including the United States Postal Service, who is engaged in the
				commercial delivery of letters, packages or other containers.
F.
Department
means the
				Department of Health and Human Services.
G.
Gross Revenue
means the total
				sales of the business, excluding motor fuel oil sales.
H.
Juvenile
means any person who
				is younger than 18 years of age.
I.
Motor Fuel Oil
means internal combustion fuel sold for use in
				motor vehicles as defined in Title 29-A, section 101, subsection 42.
J.
Person
means an individual,
				corporation, partnership or unincorporated association.
K.
Premium Cigar
means a cigar
				that weighs more than 3 pounds per 1,000 and is wrapped in whole tobacco
				leaf.
L.
Premium Cigar
				Delivery Sale
means a sale of premium cigars to a consumer in this State
				when: 
				
										 The purchaser submits the order for the sale by means
					 of telephonic or other electronic method of voice transmission, the Internet or
					 any delivery service; or
										 The premium cigars are delivered by use of a delivery
					 service.
A sale to a person who is not licensed as a tobacco
				  distributor or tobacco retailer is a delivery sale.
M.
Retail Tobacco I License
means a license issued to an applicant whose annual gross revenue from
				total cigarette / tobacco sales within the prior calendar year is less than 30%
				of total sales.
N.
Retail
				Tobacco II License
means a license issued to an applicant whose annual
				gross revenue from total cigarette / tobacco sales within the prior calendar
				year is equal to or greater than 30% of total sales, but is 50% or less of
				total sales.
O.
Retail
				Tobacco III License
means a license issued to an applicant whose annual
				gross revenue from total cigarette / tobacco sales within the prior calendar
				year is greater than 50% total sales.
P.
Seasonal Mobile Fair Tobacco
				Vendor
means a person who sells tobacco products at two or more fairs,
				festivals or exhibitions during the agricultural fair season.
Q.
Seasonal Mobile Fair Tobacco Vendor
				License
means a retail tobacco license issued to an applicant who is a
				seasonal mobile fair tobacco vendor that operates at two or more agricultural
				fairs, festivals or exhibitions held during the agricultural fair
				season
.
R.
Tobacco Distributor
or "distributor" means a person licensed as a
				distributor under 36 MRSA, chapter 704.
S.
Tobacco Products
means any
				form of tobacco and any material or device used in the smoking, chewing or
				other form of tobacco consumption, including cigarette papers and
				pipes.
T.
Tobacco Retailer
or "retailer" means a person located within or outside the State who
				sells tobacco products to a person in the State for personal
				consumption.
U.
Tobacco
				Specialty Store
means a retail businessunder 2,000 square feet in which
				at least 60% of the business's gross revenue for the last calendar year was
				derived from the sale of tobacco or tobacco-related products.
V.
Tobacco Vending Machine License
means a license issued to an applicant who sells tobacco products
				through a vending machine.
W.
Vending Machine
means any automated, self-service device that upon
				insertion of money, tokens or any other form of payment, dispenses cigarettes
				or any other tobacco product.