Bill Text: AZ SB1086 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Tobacco products; prohibitions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-29 - Governor Signed [SB1086 Detail]
Download: Arizona-2011-SB1086-Introduced.html
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REFERENCE TITLE: tobacco products; prohibitions |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1086 |
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Introduced by Senator Reagan
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AN ACT
amending sections 13-3622, 36‑798 and 36‑798.04, Arizona Revised Statutes; relating to tobacco products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Furnishing of tobacco to minor; minor accepting or receiving tobacco; illegally obtaining tobacco by underage person; classification
A. A person who knowingly sells, gives or furnishes cigars, cigarettes or cigarette papers, or smoking or chewing tobacco, to a minor, and a minor who buys, or has in his possession or knowingly accepts or receives from any person, cigars, cigarettes or cigarette papers, or smoking or chewing tobacco of any kind, is guilty of a petty offense.
B. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce the person to sell, give or furnish cigars, cigarettes or cigarette papers or smoking or chewing tobacco in violation of subsection A is guilty of a class 3 misdemeanor.
Sec. 2. Section 36-798, Arizona Revised Statutes, is amended to read:
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. "Blunt wrap" means an individual tobacco wrapper, also known as a wrap or roll-your-own cigar wrap, that is made wholly or in part from tobacco, including reconstituted tobacco, whether in the form of tobacco leaf, sheet or tube, if the wrap is designed to be offered to or purchased by a consumer.
3. 4. "Cigar" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in tobacco.
4. 5. "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. 6. "Minor" means a person who is under eighteen years of age.
6. 7. "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. 8. "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. 9. "Smoking tobacco" includes any tobacco or tobacco product, other than cigarettes and cigars, that is intended to be smoked.
9. 10. "Tobacco products" includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco.
10. 11. "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.
Sec. 3. Section 36-798.04, Arizona Revised Statutes, is amended to read:
36-798.04. Unlawful manufacture, sale or distribution of cigarettes, roll‑your‑own tobacco or blunt wraps; exception; violation; classification
A. Except as provided in subsection B or C of this section, it is unlawful to manufacture, sell or distribute in this state either any of the following:
1. A package or other container of cigarettes that contains fewer than twenty cigarettes.
2. A package of roll‑your‑own tobacco that contains less than 0.60 ounces of tobacco.
3. A blunt wrap.
B. This section does not prohibit:
1. The manufacture of the products described in subsection A, paragraphs 1 and 2 of this section for sale or distribution outside of this state.
2. The manufacture of the products described in subsection A, paragraph 1 of this section for sale or distribution in compliance with subsection C of this section.
C. Products described in subsection A, paragraph 1 of this section may be distributed or sold within this state only at a facility that is licensed pursuant to section 4‑209, subsection B, paragraph 6, and that admits only people who are at least twenty‑one years of age.
D. A violation of this section is a class 3 misdemeanor.
