Report Title:

Self-Service Displays; Cigarettes

Description:

Prohibits sale of cigarettes and all tobacco products from self-service displays.  Defines "self-service displays".  Clarifies definition of "cigarette vending machine".  (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	527
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

relating to tobacco.

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

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

     1.   By amending the title and subsection (a) to read as follows:

"[[]§328J‑16[]] Cigarette sales from vending machines, self-service displays, 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[.]; or

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

      2.  By amending subsection (c) to read as follows:

     "(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 other tobacco products and is located in an area openly accessible to customers and from which customers can readily access cigarettes and other tobacco products without the assistance of a salesperson.  A display case that holds cigarettes from behind locked doors shall 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 on January 1, 2010.