(a) As used in this section, “alcohol vaporizing device” means any device, machine or process that, by means of heat, a vibrating element or any other method, mixes spirits, liquor or other alcoholic product with pure oxygen or other gas to produce a vaporized product that is dispensed for inhalation into the lungs through the nose or mouth.
(b) No licensee shall sell, deliver, or give away, or permit to be sold, delivered, or given away, any alcoholic beverage for dispensation by means of an alcohol vaporizing device.
(c) No licensee shall bring, keep, maintain or use, or permit another to bring, keep, maintain or use, an alcohol vaporizing device on the licensed premises, or on any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible.
(d)
(1) A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee's license, for a period not to exceed sixty (60) days.
(2) A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee's license, for a period of not less than thirty (30) days nor more than ninety (90) days.
(3) A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee's license, for a period of one (1) year.
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