HF 2912

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; regulating tobacco delivery 
  1.3             sales; providing enforcement; proposing coding for new 
  1.4             law in Minnesota Statutes, chapter 325F. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325F.781] [REQUIREMENTS; TOBACCO DELIVERY 
  1.7   SALES.] 
  1.8      Subdivision 1.  [APPLICABILITY.] The requirements in this 
  1.9   section apply to delivery sales of tobacco products within the 
  1.10  state. 
  1.11     Subd. 2.  [REQUIREMENTS FOR ACCEPTING ORDER FOR DELIVERY 
  1.12  SALE.] (a) This subdivision applies to acceptance of an order 
  1.13  for a delivery sale of tobacco products. 
  1.14     (b) When accepting the first order for a delivery sale from 
  1.15  a consumer, the tobacco retailer shall obtain the following 
  1.16  information from the person placing the order: 
  1.17     (1) a copy of a valid government-issued document that 
  1.18  provides the person's name, current address, photograph, and 
  1.19  date of birth; and 
  1.20     (2) an original written statement signed by the person 
  1.21  documenting that the person: 
  1.22     (i) is of legal age to purchase tobacco products in the 
  1.23  state; 
  1.24     (ii) has made a choice whether to receive mailings from a 
  1.25  tobacco retailer; 
  2.1      (iii) understands that providing false information may be a 
  2.2   violation of law; and 
  2.3      (iv) understands that it is a violation of law to purchase 
  2.4   tobacco products for subsequent resale or for delivery to 
  2.5   persons who are under the legal age to purchase tobacco products.
  2.6      (c) If an order is made as a result of advertisement over 
  2.7   the Internet, the tobacco retailer shall request the e-mail 
  2.8   address of the purchaser and shall receive payment by credit 
  2.9   card or check prior to shipping. 
  2.10     (d) Prior to shipping the tobacco products, the tobacco 
  2.11  retailer shall verify the information provided under paragraph 
  2.12  (b) against a commercially available database derived solely 
  2.13  from government records consisting of age and identity 
  2.14  information, including date of birth. 
  2.15     (e) A person who violates this subdivision commits a civil 
  2.16  violation for which a fine of not less than $50 and not more 
  2.17  than $1,500 may be adjudged for each violation. 
  2.18     (f) A person who violates this subdivision after having 
  2.19  been previously adjudicated as violating this subdivision or 
  2.20  subdivision 3, 4, or 5 commits a civil violation for which a 
  2.21  fine of not less than $1,000 and not more than $5,000 may be 
  2.22  adjudged. 
  2.23     Subd. 3.  [REQUIREMENTS FOR SHIPPING A DELIVERY SALE.] (a) 
  2.24  This subdivision applies to a tobacco retailer shipping tobacco 
  2.25  products pursuant to a delivery sale. 
  2.26     (b) Prior to shipping, the tobacco retailer shall provide 
  2.27  to the delivery service the age of the purchaser as provided 
  2.28  under subdivision 2, paragraph (b), and verified under 
  2.29  subdivision 2, paragraph (d). 
  2.30     (c) The tobacco retailer shall clearly mark the outside of 
  2.31  the package of tobacco products to be shipped to indicate that 
  2.32  the contents are tobacco products and to show the name of the 
  2.33  tobacco retailer. 
  2.34     (d) The tobacco retailer shall utilize a delivery service 
  2.35  that imposes the following requirements: 
  2.36     (1) the purchaser must be the addressee; 
  3.1      (2) the addressee must be of legal age to purchase tobacco 
  3.2   products and must sign for the package; and 
  3.3      (3) if the addressee is under 27 years of age, the 
  3.4   addressee must show valid government-issued identification that 
  3.5   contains a photograph of the addressee and indicates that the 
  3.6   addressee is of legal age to purchase tobacco products. 
  3.7      (e) The delivery instructions must clearly indicate the 
  3.8   requirements of this subdivision and must declare that state law 
  3.9   requires compliance with the requirements. 
  3.10     (f) A person who violates this subdivision commits a civil 
  3.11  violation for which a fine of not less than $50 and not more 
  3.12  than $1,500 may be adjudged for each violation. 
  3.13     (g) A person who violates this subdivision after having 
  3.14  been previously adjudicated as violating this subdivision or 
  3.15  subdivision 2 or 4 commits a civil violation for which a fine of 
  3.16  not less than $1,000 and not more than $5,000 may be adjudged. 
  3.17     Subd. 4.  [REPORTING REQUIREMENTS.] (a) No later than the 
  3.18  10th day of each calendar month, a tobacco retailer that has 
  3.19  made a delivery sale of tobacco products or shipped or delivered 
  3.20  tobacco products into the state in a delivery sale in the 
  3.21  previous calendar month shall file with the Department of 
  3.22  Revenue a memorandum or a copy of each invoice that provides for 
  3.23  each delivery sale the name and address of the purchaser and the 
  3.24  brand or brands and quantity of tobacco products sold.  A 
  3.25  tobacco retailer that meets the requirements of United States 
  3.26  Code, title 15, section 375, et seq., satisfies the requirements 
  3.27  of this subdivision.  
  3.28     (b) The following penalties apply to violations of this 
  3.29  subdivision: 
  3.30     (1) a person who violates this subdivision commits a civil 
  3.31  violation for which a fine of not less than $50 and not more 
  3.32  than $1,500 may be adjudged for each violation; and 
  3.33     (2) a person who violates this subdivision after having 
  3.34  been previously adjudicated as violating this subdivision or 
  3.35  subdivision 2 or 3 commits a civil violation for which a fine of 
  3.36  not less than $1,000 and not more than $5,000 may be adjudged. 
  4.1      Subd. 5.  [UNLAWFUL ORDERING.] It is unlawful to submit 
  4.2   ordering information for tobacco products by delivery sale under 
  4.3   subdivision 2, paragraph (b), in the name of another person.  A 
  4.4   person who violates this subdivision commits a civil violation 
  4.5   for which a fine of not more than $10,000 may be adjudged. 
  4.6      Subd. 6.  [FORFEITURE.] Any tobacco product sold or 
  4.7   attempted to be sold in a delivery sale that does not meet the 
  4.8   requirements of this section is deemed to be contraband and is 
  4.9   subject to forfeiture in the same manner as and in accordance 
  4.10  with the provisions of section 297F.21. 
  4.11     Subd. 7.  [ENFORCEMENT.] The attorney general may bring an 
  4.12  action to enforce this section and may seek injunctive relief, 
  4.13  including a preliminary or final injunction, and fines, 
  4.14  penalties, and equitable relief and may seek to prevent or 
  4.15  restrain actions in violation of this section by any person or 
  4.16  any person controlling such person.  In addition, a violation of 
  4.17  this section is a violation of the Unfair Trade Practices Act.