(a) No cigarette vending machine or restricted cigarette vending machine may be placed in an area, facility or business which may be accessed by persons under the age of twenty-one unless it is placed in an area, facility or business permitted under chapter 545 that has a separate area accessible only to persons twenty-one years of age or older and the machine is placed in such separate area. No cigarettes may be dispensed from any machine other than a cigarette vending machine or a restricted cigarette vending machine.
(b) The Commissioner of Revenue Services shall assess any person, dealer or distributor who violates the provisions of this section a civil penalty of two hundred fifty dollars for a first violation and five hundred dollars for a second violation within eighteen months. For a third violation within eighteen months, such penalty shall be five hundred dollars and any such machine shall be immediately removed from such area, facility or business and no such machine may be placed in such area, facility or business for a period of one year following such removal.
(c) Nothing in this section shall be construed as limiting a town or municipality from imposing more restrictive conditions on the use of vending machines for the sale of cigarettes. A municipality shall be responsible for the enforcement of such conditions.
(P.A. 92-66, S. 2; P.A. 96-240, S. 3, 10; P.A. 19-13, S. 4.)
History: P.A. 96-240 amended Subsec. (a) to add reference to restricted cigarette vending machines and to bar dispensing of cigarettes from any machine other than those defined in this chapter, deleted former Subsec. (b) re placement of cigarette vending machines, relettered former Subsec. (c) as Subsec. (h) and inserted new Subsecs. (b) to (g), inclusive, re placement of machines and penalties for violations, effective June 6, 1996; P.A. 19-13 amended Subsec. (a) to add provision prohibiting placement of vending machines in areas, facilities or businesses accessed by persons under the age of 21 without a separate area accessible only to such persons, deleted former Subsecs. (b) to (f) and redesignated existing Subsecs. (g) and (h) as new Subsecs. (b) and (c).
Town ordinance prohibiting all cigarette vending machines within town borders is valid and is not preempted by statute since it addresses matter of concurrent state and local concern, does not conflict with statute and is rationally related to protection of community's public health, safety and general welfare. 256 C. 105.
Structure Connecticut General Statutes
Section 12-285. - Definitions.
Section 12-285a. - Definitions for purposes of sections 12-286a, 12-295a and 12-314a.
Section 12-285b. - Licensure of cigarette manufacturers. Fees.
Section 12-285c. - Restrictions on shipping or transporting cigarettes. Penalties.
Section 12-285d. - Cigarette rolling machines. Licensure requirements.
Section 12-287. - Dealer's license.
Section 12-288. - Distributor's license.
Section 12-289a. - Vending machines: Placement restrictions. Penalties.
Section 12-290. - Price signs on vending machines.
Section 12-291. - Vending machine dealer's license.
Section 12-291a. - Penalty for failure to secure or renew license.
Section 12-292. - Advertising sale of untaxed cigarettes.
Section 12-293. - Notice to Tax Commissioner of number of vending machines.
Section 12-293a. - Reporting requirements. Registration fee for vending machines. List of customers.
Section 12-294. - Transfer of license. Successor tax liability.
Section 12-296. - Imposition of tax.
Section 12-297. - Exemptions from tax.
Section 12-298. - Commissioner to supply stamps or decals.
Section 12-299. - Metering machine.
Section 12-300. - Resale of stamps restricted. Redemption.
Section 12-301. - Nonresidents may be authorized to affix stamps.
Section 12-302. - Distributors to affix stamps.
Section 12-303. - Dealers to affix stamps.
Section 12-304. - Sale of unstamped cigarettes prohibited. Penalty.
Section 12-305. - Unstamped cigarettes, vehicles in which transported, subject to confiscation.
Section 12-306. - Invoices or delivery tickets required in transportation of unstamped cigarettes.
Section 12-306a. - Cigarette transporter to hold invoices or delivery tickets.
Section 12-307. - Procedure on sale after confiscation.
Section 12-308. - Fraudulent stamps.
Section 12-309a. - Reports from carriers, warehousemen, bailees. Examination of records.
Section 12-310. - Oaths and subpoenas.
Section 12-311. - Hearings by commissioner.
Section 12-312. - Appeals from decisions of commissioner.
Section 12-313. - Administration. Regulations. Waiver of filing of reports.
Section 12-314. - Packaging for sale. Penalties.
Section 12-314a. - Certain promotional samples authorized.
Section 12-315. - Sale of unstamped cigarettes from one licensed distributor to another.
Section 12-315a. - Report on enforcement efforts.
Section 12-316. - Imposition of tax.
Section 12-317. - Return to be filed.
Section 12-318. - Seizure for nonpayment of tax.
Section 12-319. - Imported cigarettes on which tax has been paid.
Section 12-320. - Two hundred or fewer cigarettes not taxable.
Section 12-326a. - Definitions. Presumptions of costs of doing business.
Section 12-326c. - Sales between distributors.
Section 12-326d. - Certain sales below cost permitted.
Section 12-326e. - Bonus or combination with other articles for sale forbidden.
Section 12-326f. - Exemptions.