§ 12-295a — Sale or delivery to minors. Online education program. Civil penalty. Suspension or revocation of license. Removal of vending machine.

Connecticut § 12-295a

• Jurisdiction: Connecticut
• Title 12: Taxation
• Ch. 214: Cigarette Taxes

Text

(a) If the Commissioner of Revenue Services finds, after a hearing, that any person employed by a dealer or distributor, as defined in section 12-285, has sold, given or delivered cigarettes or tobacco products to a person under twenty-one years of age other than a person under twenty-one years of age who is delivering or accepting delivery in such person's capacity as an employee, said commissioner shall, for the first violation, require such person to successfully complete an online tobacco prevention education program administered by the Department of Mental Health and Addiction Services not later than thirty days after said commissioner's finding. Said commissioner shall assess any person who fails to complete such program a civil penalty of two hundred dollars. Said commissioner shall assess any person employed by a dealer or distributor a civil penalty of two hundred fifty dollars for a second or subsequent violation on or before twenty-four months after the date of the first violation. (b) If the Commissioner of Revenue Services finds, after a hearing, that any dealer or distributor has sold, given or delivered cigarettes or a tobacco product to a person under twenty-one years of age other than a person under twenty-one years of age who is delivering or accepting delivery in such person's capacity as an employee, or such dealer or distributor's employee has sold, given or delivered cigarettes or a tobacco product to such person, said commissioner shall require such dealer or distributor, for the first violation, to successfully complete an online tobacco prevention education program administered by the Department of Mental Health and Addiction Services not later than thirty days after said commissioner's finding. Said commissioner shall assess any dealer or distributor who fails to complete such program a civil penalty of three hundred dollars. Said commissioner shall assess any dealer or distributor a civil penalty of seven hundred fifty dollars for a second violation on or before twenty-four months after the date of the first violation. For a third violation on or before twenty-four months after the date of the first violation, said commissioner shall assess such dealer or distributor a civil penalty of one thousand dollars and suspend any license held by such dealer or distributor under this chapter for not less than thirty days. For a fourth violation on or before twenty-four months after the date of the first violation, said commissioner shall assess such dealer or distributor a civil penalty of one thousand dollars and revoke any license issued to such dealer or distributor under this chapter. Said commissioner shall order such distributor or dealer to conspicuously post a notice in a public place within such distributor's or dealer's establishment stating that cigarettes and tobacco products cannot be sold during the period of such suspension or revocation and the reasons for such suspension or revocation. Any sale of cigarettes or a tobacco product by such dealer or distributor during such suspension or revocation shall be deemed an additional violation of this subsection. (c) If the Commissioner of Revenue Services finds, after a hearing, that any owner of an establishment in which a cigarette vending machine or restricted cigarette vending machine is located has sold, given or delivered cigarettes or tobacco products from any such machine to a person under twenty-one years of age other than a person under twenty-one years of age who is delivering or accepting delivery in such person's capacity as an employee, or has allowed cigarettes or tobacco products to be sold, given or delivered to such person from any such machine, said commissioner shall require such owner, for the first violation, to successfully complete an online tobacco prevention education program administered by the Department of Mental Health and Addiction Services not later than thirty days after said commissioner's finding. Said commissioner shall assess any owner who fails to complete such program a civil penalty of five hundred dollars. Said commissioner shall assess any owner a civil penalty of seven hundred fifty dollars for a second violation on or before twenty-four months after the date of the first violation. For a third violation on or before twenty-four months after the date of the first violation, said commissioner shall assess such owner a civil penalty of one thousand dollars and immediately remove any such machine from such establishment and no such machine may be placed in such establishment for a period of one year following such removal. (d) Any person aggrieved by any action of the commissioner pursuant to this section may take any appeal of such action as provided in sections 12-311 and 12-312 .

Legislative History

(P.A. 96-240, S. 6, 10; P.A. 07-175, S. 1; P.A. 14-76, S. 2; P.A. 19-13, S. 7.) History: P.A. 96-240 effective July 1, 1997; P.A. 07-175 raised amounts of civil penalties in Subsecs. (a) to (d) and made technical changes in Subsec. (d); P.A. 14-76 amended Subsec. (a) by adding provision re offense within 24 months after first violation, substantially amended civil penalty provisions in Subsecs. (b) to (d), including adding provisions re online tobacco prevention education program, and made technical changes; P.A. 19-13 deleted former Subsec. (a), redesignated existing Subsecs. (b) to (e) as new Subsecs. (a) to (d), amended redesignated Subsec. (a) by making technical changes and replacing “minor” with “person under twenty-one years of age”, amended redesignated Subsec. (b) by making technical changes, replacing “minor” with “person under twenty-one years of age”, increasing civil penalty for third violation from $750 to $1,000, and adding a penalty and notice requirements for a fourth violation and amended redesignated Subsec. (c) by making technical changes, replacing redesignated “minor” with “person under twenty-one years of age” and increasing civil penalty for a third violation from $750 to $1,000.