§ 2908 — Vapor establishments

(a) Vapor establishments are permitted to have emissions produced by electronic smoking devices within their places of business.

(b) Any vapor establishment permitted to have emissions produced by electronic smoking devices in such vapor establishment pursuant to this section, and which permits such emissions, shall prohibit anyone under the age of 21 from entering and shall display a sign at all entrances stating that no one under the age of 21 is allowed in such vapor establishment.

(c) (1) An employee who is under the age of 21 and who is employed by a vapor establishment on July 16, 2019, may continue as an employee of that vapor establishment, if the vapor establishment provides the Division of Alcohol and Tobacco Enforcement with all of the following information:

a. The employee’s name.

b. The employee’s date of birth.

c. The employer’s name.

d. Proof that the employee was employed by the vapor establishment on July 16, 2019, by providing any of the following:

1. A paystub.

2. An Internal Revenue Service W-2 tax form.

3. A state UC-8A quarterly report.

4. Other documentation of monetary pay to an employee by an employer in return for work performed.

(2) The information required under paragraph (c)(1) of this section must be received by the Division of Alcohol and Tobacco Enforcement no later than August 15, 2019.

(3) The Division of Alcohol and Tobacco Enforcement shall retain the information provided under this subsection for 3 years.

Legislative History

80 Del. Laws, c. 81, § 5 ; 82 Del. Laws, c. 10, § 11