PRINTER'S NO. 4173
No. 2775 Session of 2002
INTRODUCED BY SCRIMENTI, RUBLEY, CREIGHTON, J. WILLIAMS,
YOUNGBLOOD, HORSEY, CORRIGAN, FREEMAN, STEELMAN, JOSEPHS AND
MELIO, JUNE 28, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, imposing penalties on the improper
3 placement and operation of cigarette vending machines.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6306.2. Improper placement and operation of cigarette vending
9 machines.
10 (a) Offenses defined.--
11 (1) A retailer commits an offense if the retailer fails
12 to locate each cigarette vending machine of the retailer
13 within the immediate vicinity, plain view and control of the
14 retailer or of his employee, in such a manner that all
15 purchases are readily observable by that retailer or
16 employee.
17 (2) A retailer commits an offense if the retailer
18 locates a cigarette vending machine in a coatroom, restroom,
1 unmonitored hallway, outer waiting area or similar
2 unmonitored area, or where it is accessible to the public
3 when the permitted location is closed.
4 (b) Grading.--An offense under subsection (a) is a summary
5 offense punishable by a fine of not more than $300.
6 Notwithstanding any other provision of law to the contrary,
7 fines collected under this section shall be paid to the
8 municipality in which the vending machine is located.
9 (c) Construction.--Conviction of a violation under this
10 section shall not be construed to preclude prosecution of a
11 violation of section 6305 (relating to sale of tobacco) or 6306
12 (relating to furnishing cigarettes or cigarette papers).
13 (d) Definitions.--As used in this section, the term
14 "retailer" shall have the same meaning as defined in section
15 202-A of the act of April 9, 1929 (P.L.343, No.176), known as
16 The Fiscal Code.
17 Section 2. This act shall take effect in 60 days.
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