Arizona Laws 13-3711. Unlawful commercial use of cigarette machines; civil penalties; forfeiture; classification
A. It is unlawful to possess, use or make available for use for commercial purposes a tobacco product rolling vending machine. A tobacco product rolling vending machine located in a nonresidential premises is presumed to be possessed, used or available for use for commercial purposes unless the machine is for sale. This subsection does not apply to:
Terms Used In Arizona Laws 13-3711
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. A tobacco product rolling vending machine that is to be used exclusively for the owner’s personal consumption or use if the machine is not located on a retail or other business premises.
2. Tobacco product manufacturers who have obtained a current federal manufacturer of tobacco products permit issued by the federal alcohol and tobacco tax and trade bureau to operate as a tobacco product manufacturer.
B. The department of revenue is authorized to seize the machine and all related tubes, papers, tobacco products and materials, which shall be forfeited to this state following the process prescribed in section 42-1124. All forfeited tobacco products shall also be destroyed pursuant to section 42-1124 and deemed contraband under section 42-3402.
C. A person who knowingly violates this section is guilty of a class 3 misdemeanor and is also subject to the following:
1. The revocation or termination of a license issued pursuant to section 42-3401.
2. A civil penalty not to exceed fifty thousand dollars for each violation.
3. An injunction to restrain a threatened or actual violation of this section.
4. Recovery by this state for the costs of enforcing this section or of any action or proceeding pertaining to a violation of this section, including the costs of investigation and reasonable attorney fees in the trial and appellate courts. Payments shall be deposited into the state general fund.