Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to prevent minor’s access to tobacco products or electronic smoking devices.
(1)  The sale or distribution of tobacco products or electronic smoking devices without a permit shall constitute a misdemeanor punishable by imprisonment not exceeding six (6) months in the county jail, a fine of three hundred dollars ($300), or by both such fine and imprisonment. If the sale or distribution of tobacco products or electronic smoking devices was to a minor, the fine shall be no less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). The provisions of this section shall not be applicable to an employee of the business engaged in the sale of tobacco products or electronic smoking devices if the sale occurred during the course of such employment and the seller does not have an ownership interest in the business.
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Terms Used In Idaho Code 39-5709

  • Business: means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities. See Idaho Code 39-5702
  • Minor: means a person under twenty-one (21) years of age. See Idaho Code 39-5702
  • Permit: means a permit issued by the department for the sale or distribution of tobacco products or electronic smoking devices. See Idaho Code 39-5702
  • Seller: means the person who physically sells or distributes tobacco products or electronic smoking devices. See Idaho Code 39-5702
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Without a permit: means a business that has failed to obtain a permit or a business whose permit is suspended or revoked. See Idaho Code 39-5702
(2)  In addition to the penalties set forth in subsection (1) of this section, the court may impose an additional fine of one thousand dollars ($1,000) per day beginning the day following the date of citation as long as the illegal tobacco products or electronic smoking devices sales or distribution continues. The first seven (7) days of additional fines may be suspended, provided that the business or seller is able to prove that the business or seller has applied for the permit within seven (7) days of the citation.