Reference Title: tobacco sales; minors

AN ACT
AMENDING SECTION 36-601.01, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 14; RELATING TO TOBACCO.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-601.01, Arizona Revised Statutes, is amended to read:

36-601.01 . Smoking prohibition in certain areas; violation; classification; exception

A. Smoking tobacco in any form is a public nuisance and dangerous to public health if done PROHIBITED in any:

1. Elevator, indoor theater, library, art museum, lecture or concert hall , or bus which is used by or open to the public.

2. Waiting room, rest room, lobby or hallway of any health care institution, as defined in chapter 4 of this title.

3. Public waiting room of health associated laboratories or facilities.

4. Public waiting room of any physician, dentist, psychologist, physiotherapist, podiatrist, chiropractor, naturopath, optometrist or optician.

5. School building.

B. A person who violates this section is guilty of a petty offense.

C. This section does not prohibit smoking in the areas listed in subsection A if the smoking is confined to areas designated and posted as smoking areas.

Sec. 2. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 14, to read:

Article 14. tobacco sales

36-798 . Definitions

IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "BAR" MEANS THAT PORTION OF ANY PREMISES LICENSED UNDER SECTION 4-209, SUBSECTION B, PARAGRAPH 6, 7, 11, 12 OR 14 THAT IS PRIMARILY USED FOR THE SELLING, CONSUMPTION OR SERVING OF ALCOHOLIC BEVERAGES AND THAT IS NOT PRIMARILY USED FOR THE CONSUMPTION OF FOOD ON THE PREMISES.

2. "BEEDIES" OR "BIDIS" MEANS A PRODUCT CONTAINING TOBACCO THAT IS WRAPPED IN TEMBURNI LEAF (DIOSPYROS MELANOXYLON) OR TENDU LEAF (DIOSPYROS EXCULPRA), OR ANY OTHER PRODUCT THAT IS OFFERED TO, OR PURCHASED BY, CONSUMERS AS BEEDIES OR BIDIS.

3. "CIGAR" MEANS A ROLL OF TOBACCO OR ANY LAWFUL SUBSTITUTE FOR TOBACCO THAT IS WRAPPED IN TOBACCO.

4. "CIGARETTE" MEANS A ROLL OF TOBACCO OR ANY LAWFUL SUBSTITUTE FOR TOBACCO THAT IS WRAPPED IN PAPER OR IN ANY SUBSTANCE OTHER THAN TOBACCO.

5. "MINOR" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE.

6. "RETAIL TOBACCO VENDOR" MEANS A PERSON WHO POSSESSES TOBACCO OR TOBACCO PRODUCTS FOR THE PURPOSE OF SELLING THEM FOR CONSUMPTION AND NOT FOR RESALE.

7. "SMOKELESS TOBACCO" INCLUDES SHREDDED TOBACCO, SNUFF, CAVENDISH AND PLUG, TWIST AND OTHER TOBACCO PRODUCTS THAT ARE INTENDED FOR ORAL USE BUT NOT FOR SMOKING.

8. "SMOKING TOBACCO" INCLUDES ANY TOBACCO OR TOBACCO PRODUCT, OTHER THAN CIGARETTES AND CIGARS, THAT IS INTENDED TO BE SMOKED.

9. "TOBACCO PRODUCTS" INCLUDES CIGARETTES, CIGARETTE PAPERS, CIGARS, SMOKELESS TOBACCO AND SMOKING TOBACCO.

10. "VENDING MACHINE" MEANS ANY MECHANICAL, ELECTRICAL OR ELECTRONIC DEVICE THAT, ON INSERTION OF MONEY, TOKENS OR ANY OTHER FORM OF PAYMENT, AUTOMATICALLY DISPENSES TOBACCO PRODUCTS.

36-798.01 . Selling or giving beedies or bidis; violation; classification

A. IT IS UNLAWFUL FOR A RETAIL TOBACCO VENDOR TO SELL, FURNISH, GIVE OR PROVIDE BEEDIES OR BIDIS TO A MINOR IN THIS STATE.

B. ANY PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 3 MISDEMEANOR.

36-798.02 . Vending machine sales of tobacco and tobacco products; signage

A. A PERSON SHALL NOT SELL TOBACCO PRODUCTS THROUGH A VENDING MACHINE UNLESS THE VENDING MACHINE IS LOCATED IN EITHER:

1. A BAR.

2. AN EMPLOYEE LOUNGE AREA THAT IS NOT OPEN TO THE PUBLIC AND THE BUSINESS IN WHICH THE LOUNGE AREA IS LOCATED DOES NOT EMPLOY MINORS.

B. A SIGN MEASURING AT LEAST EIGHTY SQUARE INCHES SHALL BE OBVIOUSLY AFFIXED TO THE FRONT OF EACH VENDING MACHINE. THE SIGN SHALL STATE IN BLOCK LETTERS, IT IS ILLEGAL FOR A MINOR TO PURCHASE CIGARETTES OR TOBACCO PRODUCTS AND, UPON CONVICTION, A FINE OF UP TO THREE HUNDRED DOLLARS MAY BE IMPOSED.

C. THIS ARTICLE DOES NOT INVALIDATE AN ORDINANCE OF OR PROHIBIT THE ADOPTION OF AN ORDINANCE BY A COUNTY, CITY OR TOWN TO FURTHER RESTRICT THE LOCATION OF VENDING MACHINES OR SPECIFY DIFFERENT WORDING FOR THE VENDING MACHINES SIGNS AS REQUIRED BY SUBSECTION B OF THIS SECTION.

D. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A PETTY OFFENSE.

36-798.03 . Tobacco products prohibition at schools and school-related areas; violation; classification

A. TOBACCO PRODUCTS ARE PROHIBITED ON SCHOOL GROUNDS, INSIDE SCHOOL BUILDINGS, IN SCHOOL PARKING LOTS OR PLAYING FIELDS, IN SCHOOL BUSES OR VEHICLES OR AT OFF-CAMPUS SCHOOL SPONSORED EVENTS. FOR PURPOSES OF THIS SUBSECTION, "SCHOOL" MEANS ANY PUBLIC, CHARTER OR PRIVATE SCHOOL WHERE CHILDREN ATTEND CLASSES IN KINDERGARTEN PROGRAMS OR GRADES ONE THROUGH TWELVE.

B. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A PETTY OFFENSE.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.