(CONTAINS TEXT WITH VARYING EFFECTIVE DATES) 1. (TEXT EFFECTIVE UNTIL 1/05/26) 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).] 1. (TEXT EFFECTIVE 1/05/26) License required. A person may not engage in retail tobacco sales in the ordinary course of trade in this State without a valid license issued under subchapter 1. [PL 2025, c. 367, §8 (AMD); PL 2025, c. 367, §20 (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).]
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