Penalties for Selling or Distributing Tobacco Products and Electronic Cigarettes to Persons

Under Twenty-one

(21)Years of Age.

(a)In addition to any other penalties and fines that may be levied, any person who violates § 6401 of this Chapter shall be penalized, notwithstanding § 80.50

(c)of Article 3, Chapter 80, Title 9, Guam Code Annotated, as follows: CH. 6 TOBACCO CONTROL ACT OF 2006

(1)In the case of a first violation, the person shall be fined Two Thousand Dollars ($2,000.00), and the license shall be suspended for ninety

(90)days and shall be notified, in writing, of penalties levied for further violations;

(2)in the case of a second violation, the person shall be fined Four Thousand Dollars ($4,000.00) and the license shall be suspended for one hundred eighty

(180)days;

(3)in the case of three

(3)or more violations, the person shall be fined not less than Ten Thousand Dollars ($10,000.00) and not more than Twenty Thousand Dollars ($20,000.00) and the license shall be revoked, and the licensee shall be ineligible to apply for a new license for ten

(10)years after the effective date of revocation.

(b)Failure to pay a fine levied under this Section after suspension pursuant to Subsection

(a)of this Section shall result in continued suspension of the licensee’s license until such fines are paid.

(c)During any suspension or revocation of a license under this Section, the licensee shall not sell tobacco products or electronic cigarettes and shall remove all tobacco products and electronic cigarettes from all areas covered by the suspended license. In addition, any new application for a license to sell tobacco products or electronic cigarettes while a licensee is suspended under this Section shall be denied.

(d)All tobacco products sold over the counter shall be displayed and located where they shall be inaccessible to persons under twenty-one

(21)years of age. Any vendor who violates this provision shall pay a penalty of One Thousand Dollars ($1,000.00).