§ 1-1202. Display of tobacco products

   (a) Scope of section. -- This section applies only in:

   (1) Carroll County; and

   (2) Garrett County.

(b) Application of section. -- This section does not apply to:

   (1) the sale of a tobacco product from a vending machine that complies with State law;

   (2) a tobacconist establishment that engages primarily in the sale of tobacco products other than cigarettes, as defined in § 16-101 of the Business Regulation Article; or

   (3) a business that engages primarily in the retail sale of beer, wine, and liquor.

(c) Prohibition. -- A person who owns or operates a business that engages in the retail sale of a tobacco product may not store or display a tobacco product unless the tobacco product:

   (1) is not immediately accessible to customers; and

   (2) is accessible only to the owner or operator of the business or an agent of the owner or operator.

(d) Civil penalty. -- A person who violates subsection (c) of this section commits a civil infraction and is subject to a civil penalty of:

   (1) $ 100 for the first violation; and

   (2) $ 300 for any subsequent violation.

(e) Second citation. -- A citation for a second violation may not be issued within 30 days after the date of the first citation.

(f) Additional citations. -- After a citation is issued for a second violation, a citation may be issued each day that the violation continues after the date of the second citation.

HISTORY: An. Code 1957, art. 24, § 15-102; 2013, ch. 119, § 2.