§1554-B. Sale without valid license; multiple violations; penalties
1. License required. A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1.
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days. The fine, court costs and term of imprisonment may not be suspended. The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months. [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §K6 (NEW). PL 2003, c. 452, §X2 (AFF).
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