§ 14-3-303 — Posted notice required; location of vending machines

Wyoming § 14-3-303

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 3: SALE OF NICOTINE AND THC PRODUCTS

Text

(a) Any person who sells nicotine products shall post
signs informing the public of the age restrictions provided by
this article at or near every display of nicotine products and
on or upon every vending machine which offers nicotine products
for sale. Each sign shall be plainly visible and shall contain
a statement communicating that the sale of nicotine products to
persons under twenty-one (21) years of age is prohibited by law.
Any person who owns, operates or manages a business where
nicotine products are offered for sale at retail and at which
persons under the age of twenty-one (21) are allowed admission
with or without an adult, shall maintain all nicotine products
within the line of sight of a cashier or other employee or under
the control of the cashier or other employee. For purposes of
this subsection:
(i) "Within the line of sight" means visible to a
cashier or other employee while at the sales counter; and
(ii) "Under control" means protected by security,
surveillance or detection methods.
(b) No person shall sell or offer nicotine products:
(i) Through a vending machine unless the vending
machine is located in:
(A) Businesses, factories, offices or other
places not open to the general public;
(B) Places to which persons under the age of
twenty-one (21) years of age are not permitted access; or
(C) Business premises where alcoholic or malt
beverages are sold or dispensed and where entry by persons under
twenty-one (21) years of age is prohibited.
(ii) Through a self service display except in:
(A) A vending machine as permitted in paragraph
(i) of this subsection; or
(B) A business where entry by persons under
twenty-one (21) years of age is prohibited.
(c) Any person violating subsection (a) or (b) of this
section is guilty of a misdemeanor punishable by a fine of not
more than:
(i) Two hundred fifty dollars ($250.00) for a first
violation committed within a twenty-four (24) month period;
(ii) Five hundred dollars ($500.00) for a second
violation committed within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a
third or subsequent violation committed within a twenty-four
(24) month period.
(d) For purposes of subsection (c) of this section, each
day of continued violation under subsection (a) or (b) of this
section shall be deemed a separate offense.
(e) In addition to the penalties under paragraph (c)(iii)
of this section, any person violating subsection (a) or (b) of
this section for a third or subsequent time within a two (2)
year period may be subject to an injunction. The department or
the district attorney of the county in which the offense
occurred, may petition the district court for an injunction to
prohibit the sale of nicotine products from the vending machines
or the establishment where the violation occurred. If the court
finds that the respondent in the action has violated the
provisions of subsection (a) or (b) of this section for a third
or subsequent time within a two (2) year period and may continue
to violate such provisions, it may grant an injunction
prohibiting the respondent from selling nicotine products from
vending machines or from the establishment where the violation
occurred for a period of not more than one hundred eighty (180)
days. For the purposes of this subsection, multiple violations
occurring before the petition for the injunction is filed shall
be deemed part of the violation for which the injunction is
sought. If the person against whom the injunction is sought
operates multiple, geographically separate establishments or
vending machines, the injunction shall apply only to the
establishment where the violation occurred and to the vending
machines resulting in the violation. The injunction shall
prohibit all sales of nicotine products from the vending
machines or the establishment involved in the violation,
regardless of any change in ownership or management of the
vending machines or the establishment that is not a bona fide,
arms length transaction while the injunction is in effect.