(a) This section does not apply to the distribution of a coupon that is redeemable for a tobacco product, if the coupon is: (1) contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or (2) sent through the mail. (b) (1) This subsection does not apply to the distribution of a tobacco product or tobacco paraphernalia to an individual under the age of 21 years who is acting solely as the agent of the individual's employer if the employer distributes tobacco products or tobacco paraphernalia for commercial purposes. (2) A person who distributes tobacco products for commercial purposes, including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, personally or through an employee, may not distribute to an individual under the age of 21 years: (i) a tobacco product; (ii) tobacco paraphernalia; or (iii) a coupon redeemable for a tobacco product. (c) A person not described in subsection (b)(2) of this section may not: (1) purchase for or sell a tobacco product to an individual under the age of 21 years; or (2) distribute tobacco paraphernalia to an individual under the age of 21 years. (d) In a prosecution for a violation of this section, it is a defense that the defendant examined, in a direct, face-to-face exchange, the purchaser's or recipient's driver's license or other valid identification issued by a government unit that positively identified the purchaser or recipient as at least 21 years of age. (e) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding: (i) $500 for a first violation; (ii) $1,000 for a second violation occurring within 2 years after the first violation; and (iii) $3,000 for each subsequent violation occurring within 2 years after the preceding violation. (2) In addition to the penalties under paragraph (1) of this subsection, if a person holds a license under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, the court shall order the Executive Director of the Alcohol, Tobacco, and Cannabis Commission to: (i) suspend the license for: 1. a second violation, not more than 90 days; and 2. each subsequent violation, not more than 180 days; and (ii) for each subsequent violation, revoke the license. (3) For a determination made by a court under paragraph (2) of this subsection, the clerk of the court shall send a copy of the final order issued by the court to the Executive Director of the Alcohol, Tobacco, and Cannabis Commission. (4) Issuance of a civil citation for the sale of a tobacco product to an individual under the age of 21 years precludes a prosecution for a violation of § 24- 307 of the Health - General Article arising out of the same violation. (f) For purposes of this section, each separate incident at a different time and occasion is a violation.
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