The bill, S.B. No. 464, introduces new regulations concerning the operation of retail establishments that sell cigarettes, e-cigarettes, vaping apparatuses, or tobacco products near public or private primary or secondary schools. It establishes a criminal offense for retailers who operate within 1,000 feet of such schools, classifying this violation as a Class A misdemeanor. The bill defines "vaping apparatus" and outlines the measurement criteria for determining the distance from schools, including specific provisions for establishments located on higher floors of multistory buildings.
Additionally, the bill mandates that the comptroller revoke the permit of any retailer convicted of this offense and allows for the adoption of rules that would enable these retailers to sell their remaining inventory to other retailers instead of having it seized. The legislation also clarifies that it does not preempt local regulations that may be more stringent than those established in this bill and specifies that it does not apply to employees of the retailer. The provisions of this act are set to take effect on September 1, 2025.
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