§ 11-9-13.13 - Nature and size of penalties.
SECTION 11-9-13.13
§ 11-9-13.13 Nature and size of penalties.– (a) Any person or individual that violates a requirement of §11-9-13.6(2), display of specific signage, shall be subject to a fine in courtof not less than thirty-five dollars ($35.00) nor more than five hundreddollars ($500) per civil violation.
(b) The license holder is responsible for all violations ofthis section that occur at the location for which the license is issued. Anylicense holder that violates the prohibition of § 11-9-13.8(1) and/or (2)shall be subject to civil fines as follows:
(1) A fine of two hundred fifty dollars ($250) for the firstviolation within any thirty-six (36) month period;
(2) A fine of five hundred dollars ($500) for the secondviolation within any thirty-six (36) month period;
(3) A fine of one thousand dollars ($1,000) and a fourteen(14) day suspension of the license to sell tobacco products for the thirdviolation within any thirty-six (36) month period;
(4) A fine of one thousand five hundred dollars ($1,500) anda ninety (90) day suspension of the license to sell tobacco products for eachviolation in excess of three (3).
(c) Any person that violates a prohibition of §11-9-13.8(3), sale of single cigarettes; § 11-9-13.8(2), regardingfactory-wrapped packs; shall be subject to a penalty of five hundred dollars($500) for each violation.
(d) The department of taxation shall not issue a license toany individual, business, firm, association, or corporation the license ofwhich has been revoked or suspended, to any corporation an officer of which hashad his or her license revoked or suspended, or to any individual who is or hasbeen an officer of a corporation the license of which has been revoked orsuspended so long as such revocations or suspensions are in effect.
(e) The court shall suspend the imposition of a licensesuspension of the license secured from the Rhode Island tax administrator forviolation of subdivisions (b)(3) and (b)(4) of this section if the court findsthat the license holder has taken measures to prevent the sale of tobacco tominors and the license holder can demonstrate to the court that those measureshave been taken and that employees have received training. No person shall selltobacco products, at retail, without first being trained in the legal sale oftobacco products. Training shall teach employees what constitutes a tobaccoproduct, legal age of purchase, acceptable identification, how to refuse adirect sale to a minor or secondary sale to an adult, and all applicable lawson tobacco sales and distribution. Dealers shall maintain records indicatingthat the provisions of this section were reviewed with all employees whoconduct or will conduct tobacco sales. Each employee who sells or will selltobacco products shall sign an acknowledgement form attesting that theprovisions of this section were reviewed with him/her. Each form shall bemaintained by the retailer for as long as the employee is so employed and forno less than one year after termination of employment. The measures to preventthe sale of tobacco to minors shall be defined by the department of mentalhealth, retardation and hospitals in rules and regulations.