Vermont Statutes Title 7 Sec. 1002
Terms Used In Vermont Statutes Title 7 Sec. 1002
- Board: means the Board of Liquor and Lottery. See
- Commissioner: means the Commissioner of Liquor and Lottery. See
- Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Tobacco license: means a license issued by the Division of Liquor Control under this chapter permitting the licensee to engage in the retail sale of tobacco products. See
- Tobacco paraphernalia: means any device used, intended for use, or designed for use in smoking, inhaling, ingesting, or otherwise introducing tobacco products into the human body, or for preparing tobacco for smoking, inhaling, ingesting, or otherwise introducing into the human body, including devices for holding tobacco, rolling paper, wraps, cigarette rolling machines, pipes, water pipes, carburetion devices, bongs, and hookahs. See
- Tobacco products: means cigarettes, little cigars, roll-your-own tobacco, snuff, cigars, new smokeless tobacco, and other tobacco products as defined in 32 V. See
- Tobacco substitute: means products, including electronic cigarettes or other electronic or battery-powered devices, that contain or are designed to deliver nicotine or other substances into the body through the inhalation of vapor and that have not been approved by the U. See
§ 1002. License required; application; fee; issuance
(a)(1) Except as provided in subsection (h) of this section, no person shall engage in the retail sale of tobacco products, tobacco substitutes, or tobacco paraphernalia in the person’s place of business without a tobacco license obtained from the Division of Liquor Control.
(2) No person shall engage in the retail sale of tobacco substitutes without also obtaining a tobacco substitute endorsement from the Division of Liquor Control.
(3) Tobacco licenses and tobacco substitute endorsements shall expire at midnight, April 30, of each year.
(b)(1) The Board shall prepare and issue tobacco license and tobacco substitute endorsement forms and applications. These shall be incorporated into the liquor license forms and applications prepared and issued under this title.
(2) The licenses issued under this section shall be entitled “LIQUOR LICENSE,” “LIQUOR-TOBACCO LICENSE,” or “TOBACCO LICENSE,” as applicable. The endorsements issued under this section shall be entitled “TOBACCO SUBSTITUTE ENDORSEMENT.”
(3) The Board shall also provide simple instructions for licensees, designed to assist them in complying with the provisions of this chapter.
(c) Each tobacco license and tobacco substitute endorsement shall be prominently displayed on the premises identified in the license.
(d)(1) For a license or endorsement required under this section, a person shall apply to the legislative body of the municipality and shall pay the following fees:
(A) to the Division of Liquor Control, the applicable liquor license fee provided in section 204 of this title for a liquor license and a tobacco license;
(B) to the legislative body of the municipality, a fee of $110.00 for a tobacco license or renewal; and
(C) to the legislative body of the municipality, a fee of $50.00 for a tobacco substitute endorsement as provided in subdivision (a)(2) of this section.
(2) The municipal clerk shall forward the application to the Division, and the Division shall issue the tobacco license and the tobacco substitute endorsement, as applicable, and shall forward all fees to the Commissioner for deposit in the Liquor Control Enterprise Fund.
(e) A person who sells tobacco products, tobacco substitutes, or tobacco paraphernalia without obtaining a tobacco license and a tobacco substitute endorsement, as applicable, in violation of this section shall be guilty of a misdemeanor and fined not more than $200.00 for the first offense and not more than $500.00 for each subsequent offense.
(f) No individual under 16 years of age may sell tobacco products, tobacco substitutes, or tobacco paraphernalia.
(g) No person shall engage in the retail sale of tobacco products, tobacco substitutes, substances containing nicotine or otherwise intended for use with a tobacco substitute, or tobacco paraphernalia in the State unless the person is a licensed wholesale dealer as defined in 32 V.S.A. § 7702 or has purchased the tobacco products, tobacco substitutes, substances containing nicotine or otherwise intended for use with a tobacco substitute, or tobacco paraphernalia from a licensed wholesale dealer.
(h) This section shall not apply to a cannabis establishment licensed pursuant to chapter 33 of this title to engage in the retail sale of cannabis products as defined in section 831 of this title but not engaged in the sale of tobacco products or tobacco substitutes. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1997, No. 58, § 2; 2007, No. 114 (Adj. Sess.), § 4; 2013, No. 14, § 2; 2013, No. 72, § 28; 2015, No. 149 (Adj. Sess.), § 40; 2017, No. 83, § 131; 2018, No. 1 (Sp. Sess.), § 83; 2019, No. 22, § 1; 2023, No. 65, § 23b, eff. June 14, 2023.)