SB2596_H_Cmte_Amend

SECTION 1. Section 67-1-81, Mississippi Code of 1972, is amended as follows:

67-1-81. (1) (a) Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense. For a second or subsequent offense, such permittee or other person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment in the discretion of the court. * * *

(b) (i) If a permittee, or any employee of a permittee, violates paragraph (a) of this subsection (1), then, in addition to any other penalty provided for by law, the commissioner shall impose the following penalties against the permittee on whose premises the alcoholic beverages were sold, given or furnished:

1. For the first offense on the licensed premises, suspension of the permit for not more than one (1) week.

2. For a second offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than two (2) weeks.

3. For a third offense occurring on the licensed premises within a twelve-month period, suspension of the permit for not more than three (3) weeks or revocation of the permit.

4. For a fourth or subsequent offense occurring on the licensed premises within a twelve-month period, revocation of the permit.

A violation of paragraph (a) of this subsection (1) shall be sufficient to impose the administrative penalties authorized under this paragraph (b), and any expunction of conviction shall have no effect on any administrative penalty imposed against a permittee under this paragraph (b).

(2) Any person under the age of twenty-one (21) years who purchases, receives, or has in his or her possession in any public place, any alcoholic beverages, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00). Provided, that clearing or busing tables that have glasses or other containers that contain or did contain alcoholic beverages, or stocking, bagging or otherwise handling purchases of alcoholic beverages shall not be deemed possession of alcoholic beverages for the purposes of this section. Provided further, that a person who is at least eighteen (18) years of age but under the age of twenty-one (21) years who waits on tables by taking orders for or delivering orders of alcoholic beverages shall not be deemed to unlawfully possess or furnish alcoholic beverages if in the scope of his employment by the holder of an on-premises retailer's permit. This exception shall not authorize a person under the age of twenty-one (21) to tend bar or act in the capacity of bartender. Any person under the age of twenty-one (21) who knowingly makes a false statement to the effect that he or she is twenty-one (21) years old or older or presents any document that indicates he or she is twenty-one (21) years of age or older for the purpose of purchasing alcoholic beverages from any person engaged in the sale of alcoholic beverages shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), and a sentence to not more than thirty (30) days' community service.

(3) The term "community service" as used in this section shall mean work, projects or services for the benefit of the community assigned, supervised and recorded by appropriate public officials.

(4) If a person under the age of twenty-one (21) years is convicted or enters a plea of guilty of purchasing, receiving or having in his or her possession in any public place any alcoholic beverages in violation of subsection (2) of this section, the trial judge, in lieu of the penalties otherwise provided under subsection (2) of this section, shall suspend the minor's driver's license by taking and keeping it in the custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering the suspension shall enter upon his docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ____ DAYS IN LIEU OF CONVICTION" and such action by the trial judge shall not constitute a conviction. During the period that the minor's driver's license is suspended, the trial judge shall suspend the imposition of any fines or penalties that may be imposed under subsection (2) of this section and may place the minor on probation subject to such conditions as the judge deems appropriate. If the minor violates any of the conditions of probation, then the trial judge shall return the driver's license to the minor and impose the fines, penalties or both, that he would have otherwise imposed, and such action shall constitute a conviction.

SECTION 2. Section 27-69-3, Mississippi Code of 1972, is amended as follows:

27-69-3. When used in this chapter:

(a) "State" means the State of Mississippi as geographically defined, and any and all waters under the jurisdiction of the State of Mississippi.

(b) "State Auditor" means the Auditor of Public Accounts of the State of Mississippi, or his legally appointed deputy, clerk or agent.

(c) "Commissioner" means the Commissioner of Revenue of the Department of Revenue, and his authorized agents and employees.

(d) "Person" means any individual, company, corporation, partnership, association, joint venture, estate, trust, or any other group, or combination acting as a unit, and the plural as well as the singular, unless the intention to give a more limited meaning is disclosed by the context.

(e) "Consumer" means a person who comes into possession of tobacco for the purpose of consuming it, giving it away, or disposing of it in any way by sale, barter or exchange.

(f) "Tobacco" means any cigarettes, cigars, cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco, or substitutes therefor, prepared in such manner as to be suitable for smoking in a pipe or cigarette) and including plug and twist chewing tobacco and snuff, when such "tobacco" is manufactured and prepared for sale or personal consumption, or any other product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means; any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine by an electronic smoking device, including any component, part, or accessory thereof, whether or not any of these contain tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes. The term "tobacco" also means and includes alternative nicotine products and electronic cigarettes as defined in Section 97-32-51. All words used herein shall be given the meaning as defined in the regulations of the Treasury Department of the United States of America.

(g) "First sale" means and includes the first sale, or distribution of such tobacco in intrastate commerce, or the first use or consumption of such tobacco within this state.

(h) "Drop shipment" means and includes any delivery of tobacco received by any person within this state, when payment for such tobacco is made to the shipper, or seller by or through a person other than a consignee.

(i) "Distributor" includes every person, except retailers as defined herein, in the state who manufactures or produces tobacco or who ships, transports, or imports into this state, or in any manner acquires or possesses tobacco, and makes a first sale of the same in the state.

(j) "Wholesaler" includes dealers, whose principal business is that of a wholesale dealer or jobber, who is known to the retail trade as such, and whose place of business is located in Mississippi or in a state which affords reciprocity to wholesalers domiciled in Mississippi, who shall sell any taxable tobacco to retail dealers only for the purpose of resale.

(k) "Retailer" includes every person, other than a wholesale dealer, as defined above, whose principal business is that of selling merchandise at retail, who shall sell, or offer for sale tobacco to the consumer. The sale of tobacco in quantity lots by retailers to other retailers, transient vendors, or other persons, shall not be construed as wholesale and shall not qualify such retailer for a permit as a wholesaler.

(l) "Dealer" includes every person, firm, corporation or association of persons, except retailers as defined herein, who manufacture tobacco for distribution, for sale, for use or for consumption in the State of Mississippi.

The word "dealer" is further defined to mean any person, firm, corporation or association of persons, except retailers as defined herein, who imports tobacco from any state or foreign country for distribution, sale, use, or consumption in the State of Mississippi.

(m) "Distributing agent" includes every person in the state who acts as an agent of any person outside the State of Mississippi, by receiving tobacco in interstate commerce, and storing such tobacco in this state subject to distribution, or delivery upon order from the person outside the state to distributors, wholesalers, retailers and dealers.

(n) "Transient vendor" means and includes every person commonly and generally termed "peddlers" and every person acting for himself, or as an agent, employee, salesman, or in any capacity for another, whether as owner, bailee, or other custodian of tobacco, and going from person to person, dealer to dealer, house to house, or place to place, and selling or offering for sale at retail or wholesale tobacco, and every person who does not keep a regular place of business open at all times in regular hours, and every person who goes from person to person, dealer to dealer, house to house, or place to place, and sells or offers for sale tobacco which he carries with him, and who delivers the same at the time of, or immediately after the sale, or without returning to the place of business operations (a permanent place of business within the state) between the taking of the order and the delivery of the tobacco, or

All persons who go from person to person, house to house, place to place, or dealer to dealer, soliciting orders by exhibiting samples, or taking orders, and thereafter making delivery of tobacco, or filling the order without carrying or sending the order to the permanent place of business, and thereafter making delivery of the tobacco pursuant to the terms of the order, or

All persons who go from person to person, place to place, house to house, or dealer to dealer, carrying samples and selling tobacco from samples, and afterwards making delivery without taking and sending an order therefor to a permanent place of business for the filling of the order, and delivery of the tobacco, or the exchange of tobacco having become damaged or unsalable, or the purchase by tobacco of advertising space, or

All persons who have in their possession, or under their control, any tobacco offered, or to be offered for sale or to be delivered, unless the sale or delivery thereof is to be made in pursuance of a bona fide order for the tobacco, to be sold or delivered, the order to be evidenced by an invoice or memorandum.

(o) "Contraband tobacco" means all tobacco found in the possession of any person whose permit to engage in dealing in tobacco has been revoked by the commissioner; and any cigarettes found in the possession of any person to which the proper tax stamps have not been affixed; and any cigarettes improperly stamped when found in the possession of any person; and all other tobacco upon which the excise tax has not been paid.

(p) "Sale" means an exchange for money or goods, giving away, or distributing any tobacco as defined in this chapter.

(q) "Forty-eight (48) hours" and "seventy-two (72) hours" means two (2) calendar days and three (3) calendar days, respectively, excluding Sundays and legal holidays.

(r) "Stamp" or "stamping," or the import of such word, when used in this chapter, means any manner of stamp or impression permitted by the commissioner that carries out the purposes of the chapter in clearly indicating upon the packages of cigarettes taxed the due payment of the tax and clearly identifying, by serial number or otherwise, the permittee who affixed the stamp to the particular package.

(s) "Manufacturer's list price" means the full sales price at which tobacco is sold or offered for sale by a manufacturer to the wholesaler or distributor in this state without any deduction for freight, trade discount, cash discounts, special discounts or deals, cash rebates, or any other reduction from the regular selling price. In the event freight charges on shipments to wholesalers or distributors are not paid by the manufacturer, then such freight charges required to be paid by the wholesalers and distributors shall be added to the amount paid to the manufacturer in order to determine "manufacturer's list price." In the case of a wholesaler or distributor whose place of business is located outside this state, the "manufacturer's list price" for tobacco sold in this state by such wholesaler or distributor shall in all cases be considered to be the same as that of a wholesaler or distributor located within this state.

SECTION 3. Section 97-32-3, Mississippi Code of 1972, is amended as follows:

97-32-3. For the purposes of this article:

(a) "Dealer" means every person, firm, corporation or association of persons, except retailers as defined herein, who receives the product from the manufacturer of tobacco for distribution, for sale, for use, or for consumption in the State of Mississippi.

(b) "Person" means any natural person.

(c) "Photographic identification" means any government-issued card that includes a photograph of the person seeking to purchase tobacco products and that is accepted as proof of age under Mississippi law.

(d) "Point of sale" means a store, stand, or any other place of business or point of distribution maintained by a seller from which tobacco products are made available for sale or distribution to consumers.

(e) "Retailer" includes every company, corporation, partnership, business association, joint venture, estate, trust, or any other combination acting as a unit or legal entity other than a wholesale dealer as defined below, whose business is that of selling merchandise at retail, who shall sell or offer for sale tobacco to the consumer.

(f) "Seller" means any natural person, company, corporation, firm, partnership, organization or other legal entity who sells, dispenses, distributes or issues tobacco products for commercial purposes.

(g) "Tobacco product" means any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipes, cheroots, stogies, snuff, smoking tobacco or smokeless tobacco (either of which may include granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco, or substitutes therefor, prepared in such manner as to be suitable for smoking in a pipe or cigarette); "tobacco product" also means cigarette rolling papers including plug and twist chewing tobacco and snuff, when such "tobacco" is manufactured and prepared for sale or personal consumption, or any other product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means; any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine by an electronic smoking device, including any component, part, or accessory thereof, whether or not any of these contain tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes. The term "tobacco" also means and includes alternative nicotine products and electronic cigarettes as defined in Section 97-32-51. All words used herein shall be given the meaning as defined in the regulations of the Treasury Department of the United States of America.

(h) "Wholesaler" includes dealers whose principal business is that of wholesale dealer or jobber, who is known to the retail trade as such, and whose place of business is located in Mississippi or in a state which affords reciprocity to wholesalers domiciled in Mississippi, who shall sell any taxable tobacco to retail dealers only for the purpose of resale.

(i) "Retailer Tobacco Prevention Education Program" includes any program authorized by the Attorney General that teaches and informs retailers and wholesalers about the laws regarding youth access to tobacco products.

SECTION 4. Section 97-32-5, Mississippi Code of 1972, is amended as follows:

97-32-5. (1) (a) It shall be unlawful for any person, or retailer, to sell, barter, deliver or give tobacco products to any individual under * * *~~eighteen (18)~~ twenty-one (21) years of age unless the individual under * * *~~eighteen (18)~~ twenty-one (21) years of age holds a retailer's license to sell tobacco under Section 27-69-1 et seq., Mississippi Code of 1972.

It shall be an absolute affirmative defense that the person selling, bartering, delivering or giving tobacco products over the counter in a retail establishment to an individual under * * *~~eighteen (18)~~ twenty-one (21) years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least * * *~~eighteen (18)~~ twenty-one (21) years prior to selling such person a tobacco product. The failure of a seller, barterer, deliverer or giver of tobacco products over the counter in a retail establishment to request and examine photographic identification from a person under * * *~~eighteen (18)~~ twenty-one (21) years of age prior to the sale of a tobacco product to such person if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over the age of * * *~~eighteen (18)~~ twenty-one (21) years, shall be construed against the seller, barterer, deliverer or giver and form a conclusive basis for the seller's violation of this section.

It shall be an absolute affirmative defense that the person or entity giving tobacco products through the mail to an individual under * * *~~eighteen (18)~~ twenty-one (21) years of age in violation of this article had requested and received documentary or written evidence from such person purportedly establishing his age to be at least * * *~~eighteen (18)~~ twenty-one (21) years of age.

Any person who violates the provisions of this section shall be liable as follows: For a first conviction, a fine of * * *~~Fifty Dollars ($50.00)~~ Two Hundred Dollars ($200.00); for a second conviction, a fine of * * *~~Seventy‑five Dollars ($75.00)~~ Four Hundred Dollars ($400.00); and for all subsequent convictions, a fine of * * *~~One Hundred Fifty Dollars ($150.00)~~ One Thousand Dollars ($1,000.00) shall be imposed.

Any person found in violation of this section shall be issued a citation and the holder of the retailer permit shall be sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. For a first conviction, the retailer shall be sent a warning letter informing him of the retailer's responsibility in the selling of tobacco products and fined not less than Five Hundred Dollars ($500.00). For a second conviction, the retailer, or retailer's designee, shall be required to enroll in and complete a "Retailer Tobacco Education Program * * *.", and fined not less than Two Thousand Dollars ($2,000.00).

For a third or subsequent violation of this section by any retailer, within * * *~~one (1) year~~ three (3) years of the two (2) prior violations, any retailer's permit issued pursuant to Section 27-69-1 et seq., Mississippi Code of 1972, * * *~~may~~ shall be revoked or suspended for a period of at least one (1) year after notice and opportunity for hearing, and shall be fined not less than Ten Thousand Dollars ($10,000.00). If said permit is revoked by the * * * ~~Tax Commission~~ Department of Revenue, the retailer may not reapply for a permit to sell tobacco for a period of six (6) months. Also, no other retailer may apply for a permit or license to sell tobacco products in that location for a period not less than six (6) months from the date of revocation or suspension of a permit or license. For the purposes of this section, "subsequent violations" are those committed at the same place of business.

It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this article are enforced.

It shall not be considered a violation of this section on the part of any law enforcement officer or person under * * *~~eighteen (18)~~ twenty-one (21) years of age for any law enforcement officer of this state to use persons under * * *~~eighteen (18)~~ twenty-one (21) years of age to purchase or attempt to purchase tobacco products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials.

Any law enforcement agency conducting enforcement efforts undertaken pursuant to this article shall prepare a report as prescribed by the Attorney General which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this article, the name and permit number of the retailer pursuant to Section 27-69-1 et seq., Mississippi Code of 1972, and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Office of the Attorney General within twenty (20) working days of the final judicial disposition.

On notification from local law enforcement that a retailer has violated this article so as to warrant a revocation of the retailer's permit, the Attorney General shall notify in writing the * * *~~State Tax Commission~~ Department of Revenue within twenty (20) working days.

In accordance with the procedures of Section 27-69-9, Mississippi Code of 1972, the * * *~~State Tax Commission~~ Department of Revenue shall initiate revocation procedures of the retailer's permit. The Office of the Attorney General shall provide legal assistance in revocation procedures when requested by the * * *~~Tax Commission~~ Department of Revenue.

(b) Any person who violates this subsection in, on, or within one thousand five hundred (1,500) feet of a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater shall, upon conviction thereof, be punished by a fine of up to twice that authorized by this subsection.

(2) Any person who sells tobacco products remotely or using the Internet shall use an independent, third-party age verification service shall be used for Internet or remote sales of tobacco products. The age verification must compare information available from public records to the personal information entered during the ordering process by the purchaser of the tobacco products that provides proof that the purchaser is twenty-one (21) years of age or older.

To receive a direct shipment of any tobacco products, a resident of this state shall be at least twenty-one (21) years of age, and a person who is at least twenty-one (21) years of age must sign for any tobacco product from a direct shipper.

The Commissioner of Revenue may adopt any rules or regulations as necessary to carry out the provisions of this section.

SECTION 5. Section 97-32-7, Mississippi Code of 1972, is amended as follows:

97-32-7. (1) Every person engaged in the business of selling tobacco products at retail shall notify each individual employed by that person as a retail sales clerk that state law:

(a) Prohibits the sale or distribution of tobacco products, including samples, to any person under * * *~~eighteen (18)~~ twenty-one (21) years of age and the purchase or receipt of tobacco products by any person under * * *~~eighteen (18)~~ twenty-one (21) years of age * * *,; and

(b) Requires that proof of age be demanded from a prospective purchaser or recipient if the prospective purchaser or recipient is under the age of * * *~~eighteen (18)~~ twenty-one (21) years. Every person employed by a person engaged in the business of selling tobacco products at retail shall sign an agreement with his employer in substantially the following or similar form:

"I understand that state and federal law prohibit the sale or distribution of tobacco products to persons under the age of * * *~~eighteen (18)~~ twenty-one (21) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under * * *~~eighteen (18)~~ twenty-one (21) years of age if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over the age of * * *~~eighteen (18)~~ twenty-one (21) years. I promise, as a condition of my employment, to observe this law."

(2) Any person violating the provisions of this section shall be penalized not less than * * * ~~Fifty Dollars ($50.00)~~ Five Hundred Dollars ($500.00) nor more than * * *~~One Hundred Dollars ($100.00)~~ One Thousand Five Hundred Dollars ($1,500.00).

* * *

SECTION 6. Section 97-32-9, Mississippi Code of 1972, is amended as follows:

97-32-9. No person under * * *~~eighteen (18)~~ twenty-one (21) years of age shall purchase any tobacco or alternative nicotine product. No student of any high school, junior high school or elementary school shall possess tobacco or alternative nicotine on any educational property as defined in Section 97-37-17.

(a) If a person under * * *~~eighteen (18)~~ twenty-one (21) years of age is found by a court to be in violation of any other statute and is also found to be in possession of a tobacco or alternative nicotine product, the court * * * shall punish the minor as follows:

(i) For a first offense, pay a fine of One Hundred Dollars ($100.00), and perform no more than fifteen (15) hours of community service;

(ii) For a second offense, a fine of Three Hundred Dollars ($300.00), and no more than twenty-five (25) hours of community service;

(iii) For a third offense or subsequent offense, a fine of Five Hundred Dollars ($500.00), and no more than forty (40) hours of community service.

(b) A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.

SECTION 7. Section 97-32-11, Mississippi Code of 1972, is amended as follows:

97-32-11. Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF * * *18 21 YEARS. PROOF OF AGE REQUIRED."

Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00).

SECTION 8. Section 97-32-13, Mississippi Code of 1972, is amended as follows:

97-32-13. Any person under the age of * * * ~~eighteen (18)~~ twenty-one (21) years who falsely states he is * * *~~eighteen (18)~~ twenty-one (21) years of age or older, or presents any document that indicates he is * * *~~eighteen (18)~~ twenty-one (21) years of age or older, for the purpose of purchasing or possessing any tobacco or tobacco product shall be penalized not less than * * *~~Twenty‑five Dollars ($25.00)~~ One Hundred Dollars ($100.00) nor more than * * *~~Two Hundred Dollars ($200.00)~~ Five Hundred Dollars ($500.00) or required to complete at least * * *~~thirty (30)~~ ninety (90) days community service, or both.

SECTION 9. Section 97-32-15, Mississippi Code of 1972, is amended as follows:

97-32-15. It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of * * *~~eighteen (18)~~ twenty-one (21) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a * * * fine of:

(a) Two Hundred Fifty Dollars ($250.00) for a first offense;

(b) Five Hundred Dollars ($500.00) for a second offense; and

SECTION 10. Section 97-32-17, Mississippi Code of 1972, is amended as follows:

97-32-17. No retailer shall distribute tobacco products other than cigars and pipe tobacco for commercial purposes other than in a sealed package provided by the manufacturer with the required health warning. A retailer who is in violation of this section shall be liable for a penalty of not more than * * * ~~One Hundred Dollars ($100.00)~~ Five Hundred Dollars ($500.00) for the first violation or enrollment in a Retailer Tobacco Education Prevention Program, or both; not more than * * * ~~Two Hundred Dollars ($200.00)~~ One Thousand Dollars ($1,000.00) for a second violation within * * *~~one (1) year~~ three (3) years of a prior violation; and a penalty of * * * ~~Three Hundred Dollars ($300.00)~~ Two Thousand Dollars ($2,000.00) for all subsequent violations.

In addition, for a third and all subsequent violations within * * *~~one (1) year~~ three (3) years of two (2) prior violations, the permit to sell tobacco products of any person violating this section * * *~~may~~ shall be suspended or revoked under the provisions of Section 27-69-1 et seq., Mississippi Code of 1972, for a period of one (1) year or more after notice and opportunity for a hearing. If the permit or license to sell is revoked, the retailer may not reapply for a permit to sell nicotine products for a period of not less than six (6) months. Also, no other retailer may apply for a permit or license to sell tobacco products in that location for a period not less than six (6) months from the date of revocation or suspension of a permit or license. For the purposes of this section, "subsequent violations" are those committed at the same place of business.

SECTION 11. Section 97-32-19, Mississippi Code of 1972, is amended as follows:

97-32-19. No distributor or wholesaler of tobacco products shall sell, distribute, deliver, or in any other manner transfer any tobacco products for sale at retail to any person not possessing a valid tobacco permit under Section 27-69-1 et seq., Mississippi Code of 1972.

Any distributor or wholesaler who violates this section shall be liable for a penalty of up to * * * ~~Two Hundred Fifty Dollars ($250.00)~~ Five Hundred Dollars ($500.00) for a first offense. For a second offense within one (1) year of the prior offense, any distributor or wholesaler shall be liable for a penalty of up to * * * ~~Five Hundred Dollars ($500.00)~~ One Thousand Dollars ($1,000.00).

For all subsequent offenses within * * *~~one (1) year~~ three (3) years of two (2) prior offenses, the distributor or wholesaler * * *~~may~~ shall become ineligible to hold a tobacco distributor's permit for a period of * * *~~at least~~ not less than one (1) year under Section 27-69-1 et seq., Mississippi Code of 1972, and shall be liable for a penalty of * * * ~~One Thousand Dollars ($1,000.00)~~ Two Thousand Dollars ($2,000.00).

SECTION 12. Section 97-32-21, Mississippi Code of 1972, is amended as follows:

97-32-21. The Office of the Attorney General or local law enforcement agencies shall at least annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the Mississippi Tobacco Youth Access Prevention Act of 1997. Persons under the age of * * *~~eighteen (18)~~ twenty-one (21) years may be enlisted by the Office of the Attorney General or local law enforcement to test compliance with the Mississippi Juvenile Tobacco Access Prevention Act of 1997, provided that the parent or legal guardian of the person under * * *~~eighteen (18)~~ twenty-one (21) years of age so utilized has given prior written consent for the minor's participation in unannounced inspections. The Office of the Attorney General must prepare a report of the findings, and report these findings to the Department of Health and Department of Mental Health. The Department of Mental Health shall prepare the annual report required by Section 1926, subpart 1 of Part B, Title XIX of the Federal Public Health Service Act (42 USCS 300X-26). The report shall be approved by the Governor and then promptly transmitted to the Secretary of the United States Department of Health and Human Services.

SECTION 13. Section 97-32-23, Mississippi Code of 1972, is amended as follows:

97-32-23. It shall be unlawful to publish the name or identity of any person under the age of * * *~~eighteen (18)~~ twenty-one (21) years who is convicted or adjudicated of any violation of this article.

SECTION 14. Section 97-32-27, Mississippi Code of 1972, is amended as follows:

97-32-27. (1) "Adult" means any natural person at least * * *~~eighteen (18)~~ twenty-one (21) years old.

(2) "Minor" means any natural person under the age of * * *~~eighteen (18)~~ twenty-one (21) years.

(3) "Person" means any natural person.

(4) "Tobacco product" means * * * any cigarettes, cigars, cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco, or substitutes therefor, prepared in such manner as to be suitable for smoking in a pipe or cigarette) and including plug and twist chewing tobacco and snuff, when such "tobacco" is manufactured and prepared for sale or personal consumption, or any other product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means; any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine by an electronic smoking device, including any component, part, or accessory thereof, whether or not any of these contain tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes. The term "tobacco" also means and includes alternative nicotine products and electronic cigarettes as defined in Section 97-32-51. All words used herein shall be given the meaning as defined in the regulations of the Treasury Department of the United States of America.

(5) "Educational property" means any public school building or bus, public school campus, grounds, recreational area, athletic field or other property owned, used or operated by any local school board, school or directors for the administration of any public educational institution or during a school-related activity; provided, however, that the term "educational property" shall not include any sixteenth section school land or lieu land on which is not located a public school building, public school campus, public school recreational area or public school athletic field. Educational property shall not include property owned or operated by the state institutions of higher learning, the public community and junior colleges, or vocational-technical complexes where only adult students are in attendance.

SECTION 15. Section 97-32-29, Mississippi Code of 1972, is amended as follows:

97-32-29. No person shall use any tobacco product on any educational property as defined in Section 97-32-27. Any adult who violates this section shall be subject to a fine and shall be liable as follows: (a) for a first conviction, a * * *~~warning~~ fine of Seventy-five Dollars ($75.00); (b) for a second conviction, a fine of * * *~~Seventy‑five Dollars ($75.00)~~ One Hundred Fifty Dollars ($150.00); and (c) for all subsequent convictions, a fine not to exceed * * *~~One Hundred Fifty Dollars ($150.00)~~ Five Hundred Dollars ($500.00) shall be imposed.

Any adult found in violation of this section shall be issued a citation by a law enforcement officer, which citation shall include notice of the date, time and location for hearing before the justice court having jurisdiction where the violation is alleged to have occurred. For the purposes of this section, "subsequent convictions" are for violations committed on any educational property within the State of Mississippi.

Anyone convicted under this article shall be recorded as being fined for a civil violation of this article and not for violating a criminal statute.

It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this article are enforced.

SECTION 16. Section 97-32-51, Mississippi Code of 1972, is amended as follows:

97-32-51. (1) For the purposes of this section:

(a) (i) "Alternative nicotine product" means:

1. An electronic cigarette; or

2. Any other product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling or by any other means.

(ii) Alternative nicotine product does not include:

1. A cigarette or other tobacco product as defined in Section 97-32-3;

2. A product that is a drug under 21 USCS 321(g)(1);

3. A product that is a device under 21 USCS 321(h); or

4. A combination product described in 21 USCS 353(g).

(b) (i) "Electronic cigarette" means an electronic product or device * * * may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigar, e-cigarillo, e-pipe, vape pen or e-hookah; and includes any cartridge, component, part, or accessory of the electronic product or device, and also includes any liquid, capsule, powder or substance intended to be aerosolized, vaporized or otherwise ingested during the use of the electronic product or device, whether or not the substance contains nicotine.

(ii) Electronic cigarette does not include:

1. A cigarette * * *;

2. A product that is a drug under 21 USCS 321(g)(1);

3. A product that is a device under 21 USCS 321(h); or

4. A combination product described in 21 USCS 353(g).

(2) No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, unless the vending machine is located in an establishment to which individuals under the age of twenty-one (21) years are denied access or are required to be accompanied by an adult, shall sell, offer for sale, give or furnish * * *~~any alternative nicotine product, or~~ any liquid, capsule, powder, cartridge or component of an alternative nicotine product, to an individual under * * *~~eighteen (18)~~ twenty-one (21) years of age. A violation of this subsection is punishable * * * ~~as follows~~ by a fine of:

(a) * * * ~~By a fine of Fifty Dollars ($50.00)~~ Two Hundred Fifty Dollars ($250.00) for a first offense;

(b) * * * Five Hundred Dollars ($500.00) for a second offense; and

(c) * * * One Thousand Dollars ($1,000.00) for a third or subsequent offense. For a third or subsequent violation of this section, within three (3) years of the two (2) prior violations, any vendor's permit or license shall be revoked or suspended for a period of one (1) year or more after notice and opportunity for hearing, and shall be fined not less than Ten Thousand Dollars ($10,000.00). If the permit or license to sell is revoked by the Department of Revenue, the retailer may not reapply for a permit to sell nicotine products for a period of not less than six (6) months. Also, no other retailer may apply for a permit or license to sell nicotine products in that location for a period not less than six (6) months from the date of revocation or suspension of a permit or license. For the purposes of this section, "subsequent violations" are those committed at the same place of business.

(3) Before selling, offering for sale, giving or furnishing * * *~~an alternative nicotine product, or~~ any cartridge or component of an alternative nicotine product to an individual, a person shall verify that the individual is at least * * *~~eighteen (18)~~ twenty-one (21) years of age by:

(a) Examining from any individual that appears to be under twenty-seven (27) years of age a government-issued photographic identification that establishes the individual is at least * * *~~eighteen (18)~~ twenty-one (21) years of age; or

(b) (i) For sales made through the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is * * *~~eighteen (18)~~ twenty-one (21) years of age or older.

(ii) To receive a direct shipment of any cartridge or component of an alternative nicotine product, a resident of this state shall be at least twenty-one (21) years of age, and a person who is at least twenty-one (21) years of age must sign for any cartridge or component of an alternative nicotine product from a direct shipper of such.

(iii) The Commissioner of Revenue may adopt any rules or regulations as necessary to carry out the provisions of this section.

(4) Any person who violates this section in, on, or within one thousand five hundred (1,500) feet of a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater shall, upon conviction thereof, be punished by a fine of up to twice that authorized by this subsection.

(5) The penalties described in this section shall be treble plus any other penalties provided by law for the sale, use, possession, or furnishing of the controlled substance or other substance to a person, if the alternative nicotine product contains any controlled substance that is otherwise prohibited by law, or any other substance that when used causes the recipient of such to require emergency medical care as a result of such use. Each violation of the provisions of this section shall be treated as a separate offense.

(6) It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this act are enforced.

It shall not be considered a violation of this section on the part of any law enforcement officer or person under twenty-one (21) years of age for any law enforcement officer of this state to use persons under twenty-one (21) years of age to purchase or attempt to purchase tobacco products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials.

Any law enforcement agency conducting enforcement efforts undertaken pursuant to this article shall prepare a report as prescribed by the Attorney General which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this act, the name and permit number of the retailer pursuant to Section 27-69-1 et seq., Mississippi Code of 1972, and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Office of the Attorney General within twenty (20) working days of the final judicial disposition.

On notification from local law enforcement that a retailer has violated this article so as to warrant a revocation of the retailer's permit, the Attorney General shall notify in writing the Department of Revenue within twenty (20) working days.

In accordance with the procedures of Section 27-69-9, Mississippi Code of 1972, the Department of Revenue shall initiate revocation procedures of the permit. The Office of the Attorney General shall provide legal assistance in revocation procedures when requested by the Department of Revenue.

SECTION 17. This act shall take effect and be in force from and after July 1, 2020.