For the purposes of this subchapter, the term:
(1) "Other tobacco product" means a cigar, pipe tobacco, chewing tobacco, smokeless tobacco, snuff, roll-your-own tobacco, cigarette papers or tubes, pipes for smoking tobacco, or any other product containing tobacco that is intended for human consumption.
(2) "Self-service display" means a display that contains tobacco products and is located in an area openly accessible to consumers, and from which consumers can readily access cigarettes or other tobacco product without the assistance of a sales clerk. A display case that holds cigarettes or other tobacco product behind locked doors does not constitute a self-service display.
(3) "Tobacco specialty store" means a retail store that is used primarily for the sale of cigarettes, other tobacco product, and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25% of the total revenue of the establishment.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 2, as added July 23, 2010, D.C. Law 18-189, § 3(b), 57 DCR 3019.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 18-189, the "Prohibition Against Selling Tobacco Products to Minors Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-431, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on January 5, 2010, and February 2, 2010, respectively. Enacted without signature by the Mayor on May 11, 2010, it was assigned Act No. 18-352 and transmitted to both Houses of Congress for its review. D.C. Law 18-189 became effective on July 23, 2010.
(a) No person shall sell, give, or furnish any cigarette or other tobacco product to, or purchase any cigarette or other tobacco product on behalf of, any person under 18 years of age.
(b)(1) Any person who sells any cigarette or other tobacco product and who has reasonable cause to believe that a person who attempts to purchase the product is under 27 years of age shall require that the purchaser present identification that indicates his or her age.
(2) It shall be an affirmative defense to a violation of paragraph (1) of this subsection that, at the time of the relevant sale, the person who attempted to purchase the product was 18 years of age or older, or presented identification to the seller that a reasonably prudent person would believe to be valid under the same or similar circumstances.
(c) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 or less than $100, imprisoned not more than 30 days, or both, for the first offense. Any person convicted of a subsequent violation of subsection (a) or (b) of this section shall be fined not more than $1,000 or less than $500, imprisoned not more than 90 days, or both.
(d) Any license to sell cigarettes issued pursuant to § 47-2404 may be suspended for a first or second violation of subsection (a) or (b) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) or (b) of this section.
(e)(1) In any place or business where a person sells any cigarette or other tobacco product, the owner, manager, or person in charge of the place or business shall post a warning sign that includes the following: "No person under 18 years of age shall purchase any cigarette or other tobacco product. Sales clerks will ask for proof of age from any person seeking to purchase any cigarette or other tobacco product who appears to be under 27 years of age. The United States Surgeon General has issued a warning that smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy.".
(2) A sign posted pursuant to paragraph (1) of this subsection shall clearly state the maximum fine for a violation of this section. The sign shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number to give notice of the law to the public.
(f) Notwithstanding section 1004 of Title 1 of the District of Columbia Municipal Regulations (1 DCMR § 1004), the Mayor shall collect and maintain a publicly available record of violations under subsection (a) of this section, including:
(1) The date of the violation; and
(2) The location where the citation was given.
(Feb. 7, 1891, 26 Stat. 736, ch. 117; May 2, 1991, D.C. Law 8-262, § 3, 37 DCR 8434; designated as § 3, July 23, 2010, D.C. Law 18-189, § 3(a), (c), 57 DCR 3019; Sept. 26, 2012, D.C. Law 19-171, § 52(b)(1), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
2001 Ed., § 22-1320.
1981 Ed., § 22-1120.
1973 Ed., § 22-1120.
Effect of Amendments
D.C. Law 18-189 rewrote subsecs. (a), (b), and (e)(1); and added subsec. (f). Prior to amendment, subsecs. (a), (b), and (e)(1) read as follows:
"(a) No person shall sell, give, or furnish any cigarette or other tobacco product to any person under 18 years of age.
"(b) Any person who sells any cigarette or other tobacco product who has reasonable cause to believe that a person who attempts to purchase the product is under 18 years of age shall require that the purchaser present identification that indicates his or her age."
"(e)(1) In any place or business where a person sells any cigarette or other tobacco product, the owner, manager, or person in charge of the place or business shall post a warning sign that includes the following: "No person under 18 years of age shall purchase any cigarette or other tobacco product. The United States Surgeon General has issued a warning that smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy."
D.C. Law 19-171, in subsec. (f), substituted "section 1004 of Title 1 of the District of Columbia Municipal Regulations (1 DCMR § 1004)" for "section 1- 1004 of the District of Columbia Municipal Regulations".
Legislative History of Laws
Law 8-262, the "Smoking Regulation Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-581, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 20, 1990, and December 4, 1990, respectively. Signed by the Mayor on December 14, 1990, it was assigned Act No. 8-278 and transmitted to both Houses of Congress for its review.
For Law 18-189, see notes following § 7-1721.01.
For history of Law 19-171, see notes under § 7-242.
(a)(1) No person under 18 years of age shall purchase any cigarette or other tobacco product, possess any cigarette or other tobacco product, or attempt to purchase or possess any cigarette or other tobacco product.
(2) Paragraph (1) of this subsection shall not apply to a person under 18 years of age who is handling or transporting cigarettes or other tobacco product under the terms of his or her employment.
(b) No person under 18 years of age shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or consuming cigarettes or other tobacco product in the District.
(c)(1) Any person who violates subsection (a) of this section shall be subject to a civil penalty of $50.
(2) Any person who violates subsection (b) of this section shall be subject to a civil penalty for each offense of:
(A) $100 the first time the offense or offenses occurred;
(B) $200 the second time the offense or offenses occurred; and
(C) $300 the third and subsequent times the offense or offenses occurred.
(3) A violation of subsection (a) or (b) of this section shall be a civil infraction for the purposes of Chapter 18 of Title 2.
(4) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issues rules to increase the amount of the fine for a violation of subsection (a) or (b) of this section.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 4, as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-189, see notes following § 7-1721.01.
(a) No person shall sell or distribute cigarettes or other tobacco product, except cigars, through a self-service display.
(b) Subsection (a) of this section shall not apply to:
(1) Vending machines that are permitted under § 47-2404(b)(3); or
(2) Self-service displays that are located in a tobacco specialty store.
(c)(1) Any person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 nor less than $100, imprisoned not more than 30 days, or both, for the first offense. Any person convicted of a subsequent violation of subsection (a) of this section shall be fined not more than $1,000 nor less than $500, imprisoned not more than 90 days, or both.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 5, as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-189, see notes following § 7-1721.01.
(a) No person shall sell or distribute to any person within the District of Columbia any cigarettes except in packages containing no less than 20 cigarettes.
(b) This section does not apply to a tobacco specialty store.
(c)(1) Any person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 nor less than $100, imprisoned not more than 30 days, or both, for the first offense. Any person convicted of a subsequent violation of subsection (a) of this section shall be fined not more than $1,000 nor less than $500, imprisoned not more than 90 days, or both.
(d) Any license to sell cigarettes or other tobacco product issued pursuant to § 47-2404 may be suspended for a first or second violation of subsection (a) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) of this section.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 6, as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-189, see notes following § 7-1721.01.
(a) Except as provided in subsection (b) of this section, no cigarette or other tobacco product shall be sold to individual customers from mobile vending motor vehicles and trailers that sell retail food products ready for immediate consumption.
(b) Cigarettes may be sold at hotdog stands and construction site food wagons by vendors who are licensed pursuant to § 47-2404.
(c) No single cigar containing reconstituted tobacco products shall be sold to individual customers at convenience stores and gas stations.
(d) Any person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 nor less than $100, imprisoned not more than 30 days, or both, for the first offense. Any person convicted of a subsequent violation of subsection (a) of this section shall be fined not more than $1,000 nor less than $500, imprisoned not more than 90 days, or both.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 7, as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-189, see notes following § 7-1721.01.
Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of §§ 7-1721.02, 7-1721.04, 7-1721.05, and 7- 1721.06, or any rules or regulations issued under the authority of this subchapter for these sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of these sections shall be pursuant to Chapter 18 of Title 2.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 8, as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-189, see notes following § 7-1721.01.
