Acts or omissions of an agent or employee of a licensee that violate any provisions of this Chapter shall be deemed to be acts or omissions of the licensee.

SOURCE: Added by P.L. 24-278:3 (Oct. 15, 1978) as § 6113. Repealed and reenacted as § 6403 by P.L. 28-170:1 (Jan. 29, 2007). Amended by P.L. 34-
001:3 (Mar. 23, 2017), effective Jan. 1, 2018 pursuant to P.L. 34-001:4. Renumbered to adhere to the Compiler’s general codification scheme pursuant to 1 Guam Code Ann. § 1606.

§6405. Penalties for Selling or Distributing Tobacco Products 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 as follows:

(1) in the case of a first violation in any five (5) year period, the person shall be fined One Thousand Dollars ($1,000.00) and shall be notified, in writing, of penalties levied for further violations;

(2) in the case of a second violation in any five (5) year period, the person shall be fined Two Thousand Dollars ($2,000.00) and, in the case of a licensee, the license shall be suspended for ninety (90) days;

(3) in the case of a third violation in any five (5) year period, the person shall be fined Five Thousand Dollars
($5,00.00) and, in the case of a licensee, the license shall be suspended for one hundred eighty (180) days;

(4) in the case of four (4) or more violations within any five (5) year period, the person shall be fined Ten Thousand Dollars ($10,000.00) and, in the case of a licensee, the license shall be revoked. The revoked retailer shall be ineligible to apply for a new license for two (2) years after the effective date of the revocation.

(b) Failure to pay a fine levied under this Section within thirty (30) days of the date the fine becomes effective shall result in 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 and shall remove all tobacco products from all areas covered by the suspended license. In addition, any new application for a license to sell tobacco products 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 Two Hundred Fifty Dollars ($250.00).

SOURCE: Added by P.L. 24-278:3 (Oct. 15, 1978) as § 6115. Repealed and reenacted as § 6404 by P.L. 28-170:1 (Jan. 29, 2007). Subsection (d) added by P.L. 29-002:V:1:14 (May 18, 2007). Amended by P.L. 34-
001:3 (Mar. 23, 2017), effective Jan. 1, 2018 pursuant to P.L. 34-001:4. Renumbered to adhere to the Compiler’s general codification scheme
pursuant to 1 Guam Code Ann. § 1606.

2017 NOTE: P.L. 29-002:V:1:14 (May 18, 2007) contained an erroneous reference to § 6115. This manifest error was corrected pursuant to 1 Guam Code Ann.
§ 1606.

Internal reference was altered to reflect the renumbering.