§ 11-9-13.13. Nature and size of penalties. [Effective until April 1, 2026.]
(a) Any license holder who violates a requirement of § 11-9-13.6(2) or § 11-9-13.7, display of specific signage, shall be subject to a fine in court of not less than
thirty-five dollars ($35.00), nor more than five hundred dollars ($500), per civil
violation.
(b) The license holder is responsible for all violations of this section that occur at
the location for which the license is issued. Any license holder who or that violates
the prohibition of § 11-9-13.8(1) or § 11-9-13.20 shall be subject to civil fines as follows:
(1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six-month
(36) period;
(2) A fine of five hundred dollars ($500) for the second violation within any thirty-six-month
(36) period;
(3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the
license to sell tobacco products or electronic nicotine-delivery systems for the third
violation within any thirty-six-month (36) period;
(4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90) suspension
of the license to sell tobacco products or electronic nicotine-delivery systems for
each violation in excess of three (3).
(c) Any person who or that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes; or § 11-9-13.8(2), regarding factory-wrapped packs as sealed and certified by the manufacturer; shall
be subject to a penalty of five hundred dollars ($500) for each violation.
(d) The department of taxation shall not issue a license to any individual, business,
firm, fiduciary, partnership, trust, association, or corporation, the license of which
has been revoked or suspended; to any corporation, an officer of which has had his
or her license revoked or suspended; or to any individual who is, or has been, an
officer of a corporation the license of which has been revoked or suspended so long
as such revocations or suspensions are in effect.
(e) The court may suspend the imposition of a license suspension of the license secured
from the Rhode Island tax administrator or department of health for a violation of
subsections (b)(3) and (b)(4) of this section if the court finds that the license
holder has taken measures to prevent the sale of tobacco products, including electronic
nicotine-delivery system products, to an underage individual and the license holder
can demonstrate to the court that those measures have been taken and that employees
have received training. No person or individual shall sell tobacco products, including
electronic nicotine-delivery system products, at retail without first being trained
in the legal sale of tobacco products, including electronic nicotine-delivery system
products. Training shall teach employees what constitutes a tobacco product, including
an electronic nicotine-delivery system product; legal age of sale; acceptable identification;
how to refuse a direct sale to an underage individual or secondary sale to an individual
twenty-one (21) years or older; and all applicable laws on tobacco sales and distribution.
Dealers shall maintain records indicating that the provisions of this section were
reviewed with all employees who conduct, or will conduct, tobacco product sales, including
electronic nicotine-delivery system product sales. Each employee who sells or will
sell tobacco products, including electronic nicotine-delivery system products, shall
sign an acknowledgement form attesting that the provisions of this section were reviewed
with him or her. Each form shall be maintained by the retailer for as long as the
employee is so employed and for no less than one year after termination of employment.
The measures to prevent the sale of tobacco products, including electronic nicotine-delivery
system products, to underage individuals shall be defined by the department of behavioral
healthcare, developmental disabilities and hospitals in rules and regulations.