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Fines for noncompliance – 12/9/11
Q: Utah is working on several initiatives regarding youth access, licensing, etc. We're trying to get an idea of how much other states fine for noncompliance in regards to compliance checks and youth access laws. If you could assist us in this, by posting your fine schedule, that would be greatly appreciated.
A:
- Alabama: Alabama Act 97-423: Youth Access to Tobacco Products states:
§ 28-11-8. Permits; unlawful actions and penalties.
It shall he unlawful for any person to distribute tobacco or tobacco products without first obtaining from the board the appropriate permit. Failure to obtain or display a valid permit by January 1, 1998, shall result in issuance of a warning citation. The board shall conduct an information and education campaign by its Responsible Vendor Program to inform distributors of tobacco products at retail or in vending machines of the requirements of this law. Failure to obtain or display a valid permit pursuant to this chapter after January l, 1998, shall constitute a misdemeanor offense. Each violation for selling tobacco products without a valid permit shall be treated as a separate offense and be punishable as follows: For the first violation by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for each subsequent violation by a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500).
§ 28-11-9. Permits; disciplinary actions.
(a) Subject to the Alabama Administrative Procedure Act. Chapter 22 of Title 41, the board shall have full and final authority as to tile suspension M, revocation for cause of any permit issued pursuant to this chapter.
(1) The board may appoint a hearing commission of at least three persons which may do all of the following:
a. Hear and decide all contested applications for permits.
b. Hear and decide all charges against any permit holder or employee of a permit holder for violations of this chapter, the law, or the regulations of the board.
c. Revoke or suspend permits as provided in this chapter.
d. Levy administrative fines upon permit holders or employees permit holders.
(2) No member of the hearing commission shall participate in tile hearing or disposition of any application for a permit or charge against a permit holder or an employee of a permit holder if he or she has an interest therein or was involved in the investigation.
(b) The board, or a hearing commission appointed by the board, upon finding that a permit holder or any partner, member, employee, officer, or director of the permit holder has violated any of the laws of this state or the United State relating to the manufacture, sale, possession, or transportation of tobacco or tobacco products or that the permit holder has acted in a manner prejudicial to the welfare, health, peace, temperance, and safety of the people of the community or of the state, may upon due notice and hearing, levy administrative fines or suspend or revoke the permit issued by the board, or a combination of all three. In all cases where the board or hearing commission shall levy all administrative fine, or suspend or revoke a permit, it shall set forth its findings of fact, the evidence from which the findings of facts are made, and tile reasons upon which its actions are based.
(c) The fines as specified in subsection (e) shall be applicable per each violation. The permit holder or employee shall remit the administrative fine to the board within seven calendar days from the day that the administrative fine is levied. Failure by the permit holder to pay the administrative fine within that time period shall result in an automatic suspension of the permit until dw administrative fine is paid.
(d) The maximum length of suspension of a permit pursuant to I his chapter shall be one year. A permit holder shall be ineligible to hold a permit pursuant to this chapter for the location where the violation occurred until the expiration or removal of the suspension. A permit holder whose permit is revoked f,% the board or the hearing commission shall be, at the discretion of the board or hearing commission, ineligible to hold a permit pursuant to this chapter until the expiration of one year from the date the permit is revoked at the location where the violation occurred.
(e) The following administrative fines may be levied for violations of this chapter against valid permit holders or employees, or both:
(1) Upon conviction for a first violation by the permit holder or an employee of the permit holder, the board or hearing commission may offer the permit holder an opportunity to provide training sessions administered by the Responsible Vendor Program in lieu of an administrative fine upon the permit holder and the employee, if the violation is by an employee, of not more than two hundred dollars ($200).
(2) Upon conviction of a second violation at the same location within a two year period, the board or hearing commission may levy an administrative fine upon the permit holder and the employee, if the violation is by an employee, of not more than four hundred dollars ($400).
(3) Upon conviction of a third or subsequent violation at the same location within a two year period, the board or hearing commission may levy an administrative fine upon the permit holder and the employee, if the violation is by an employee, of not more than seven hundred fifty dollars ($750).
(4) Upon conviction of a fourth or subsequent violation at the same location within a two year period, the board or hearing commission may levy an administrative fine upon the permit holder and the employee, if the violation is by an employee, of not more than one thousand dollars ($1,000) and may suspend or revoke the permit.
(f) Before imposition of any administrative fine, the permit holder shall be afforded all procedural rights to due process in addition to those rights guaranteed by the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
§ 28-11-14. Minors; penalties.
Any tobacco or tobacco product found in the possession of a minor is contraband and subject to seizure by law enforcement. Any minor violating Section 28-11-13 shall be issued a citation similar to a uniform non-traffic citation and shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50) for each violation. The minor shall not be required to pay any other court costs or fees. Any statute or law to the contrary notwithstanding, disposition of any violation shall be within the jurisdiction of the district or municipal court and not the juvenile court. Violations shall not be considered criminal offenses and shall be administratively adjudicated by the district or municipal court.
- California: Below are links to documents which provide information on local and state fines for violating sales to minors laws:
- Iowa: Penalties include:
Clerks & Retailers
A CLERK that sells cigarettes or tobacco products to an underage person WILL BE CHARGED WITH A SIMPLE MISDEMEANOR AND WILL FACE THE FOLLOWING PENALTIES:
- 1st violation = $100 fine
- 2nd violation = $250 fine
- 3rd and subsequent violations = $500 fine
A CLERK MAY SEIZE A FALSE OR ALTERED DRIVER’S LICENSE OR NON-OPERATOR’S IDENTIFICATION CARD, turn it over to law enforcement officials within 24 hours, and must issue a receipt to the license’s owner.
A RETAILER that sells cigarettes or tobacco products to an underage person WILL FACE THE FOLLOWING PENALTIES:
- 1st violation = $300 civil penalty
- 2nd violation (within 2 years) = $1,500 fine OR 30-day suspension
- 3rd violation (within 3 years) = $1,500 AND 30-day suspension
- 4th violation (within 3 years) = $1,500 AND 60-day suspension
- 5th violation (within 4 years) = Revocation
Persons under Age 18
A PERSON UNDER AGE 18 in possession or attempting to purchase cigarettes or tobacco products WILL FACE THE FOLLOWING CIVIL PENALTIES:
- 1st offense = $50 (plus 8 hours of community service)
- 2nd offense = $100 (plus 12 hours of community service)
- 3rd and subsequent offenses = $250 (plus 16 hours of community service)
AN UNDERAGE PERSON that uses a false or altered driver’s license or non-operator’s identification card to purchase cigarettes or tobacco products WILL ALSO BE CHARGED WITH A SIMPLE MISDEMEANOR (up to a $100 fine).
Permission is hereby granted to reprint this document with acknowledgement to the Alcoholic Beverages Division of the Iowa Depar tment of Commerce. Source.
- Michigan: MI Fines for:
- Sales of single cigarettes: $500.00
- Sales of tobacco to a minor (clerk, not business owner, receives fine) or providing/giving tobacco to a minor: $50.00
- Minor in possession, using, or attempting to purchase tobacco: $50.00 plus may also be required to perform community service or attend a risk reduction program.
- Pennsylvania: Pennsylvania amended the youth access to tobacco law in 2002 through Act 112. The original fine for an illegal sale of tobacco to youth under age 18 was $25 to the clerk.
Act 112 of 2002, attached for your reference, created two fine structures:
Clerks
- $100-$250 1st offense
- $250-$500 2nd offense
- $500-$1000 3rd and subsequent offenses
Retailers
- $100-$500 1st offense
- $500-$1000 2nd offense
- $1000-$3000 3rd offense and license suspension for 30 days
- $3000-$5000 4th offense and license revocation for 60 days
There were additional provisions in the amendment related to the fine structure, including a time clock on violations (24 months) and affirmative defense.
- Rhode Island: Some RI communities have adopted local licensing systems. RI partners use a tobacco licensing policy matrix that from the Center for Tobacco Policy & Organizing in California includes fines from California localities This was helpful in our search to understand local fees/enforcement. Other great resources for this type of effort include:
- Washington: Laws governing tobacco are linked from our tobacco program's website.
Penalty for clerks
1st offense: $50
Subsequent offenses*: $100
Penalty for licensees
1st offense: $100
2nd offense*: $300
3rd offense*: $1000 and 6 month license suspension
4th offense*: $1500 and 12 month license suspension
* Within a two-year period from the most recent offense.
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