Report Title:

SMOKING.

Description:

Amending Section 328J-16 by prohibiting the sale or distribution of cigarettes from self-service displays and amending the violation to this section.

THE SENATE	S.B. NO.	1640
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to SMOKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 328J-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§328J‑16[]]  Cigarette sales from vending machines and by lunch wagons prohibited.  (a)  The sale or distribution [at no charge] of cigarettes by the following methods is prohibited:

     (1)  From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or

     (2)  From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds.

(3) From a self-service display, except a cigarette vending macine as provided in this subsection.

     (b)  Violations of subsection (a), including placement of a cigarette vending machine in a location other than a bar, cabaret, or any establishment for which the minimum age for admission is eighteen, are subject to a fine of up to [$1,000 per day for each violation] $___ for the first offense.  Any subsequent offense at the same location within _______days shall subject the business or owner to a fine not less than $______and not more than $_______.

     (c)  As used in this section:

     "Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco,except a vending machine that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco through the operation of a device that requires a salesperson to control the dispensation of the product.

     "Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks.

"Self-service display" means a display that contains cigarettes and is located in an area openly accessible to customers and from which customers can readily access cigarettes without the assistance of a salesperson.  A display case that holds cigarettes from behind locked doors does not constitute a self-service display for purposes of this section.

     "Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________