COM 0942.002 2006-2008 - Laserfiche WebLink

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Hawaii Smoke Free:: The Law Page 6 of 7 (3) Not more than $500 for each additional violation within one year of the date of the preceding violation. (g) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred. (h) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. § -13 Public education. The department shall engage in a public education program to explain and clarify the purposes and requirements of this chapter to the public, and to guide owners, operators, and managers in their compliance with it. The program may Include but is not limited to publication of a brochure for affected businesses and individuals explaining this chapter. § -14 Other applicable laws. This chapter shall not be Interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. § -15 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter. (b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter. § -16 Cigarette sales from vending machines and by lunch wagons prohibited. (a) The sale or distribution at no charge of cigarettes by the following methods is prohibited: (1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or (2) From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds. (b) Violations of subsection (a), including placement of a cigarette vending machine in a location other than a bar, cabaret, or any establishment for which the minimum age for admission is eighteen, are subject to a fine of up to $1,000 per day for each violation. (c) As used in this section: "Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco. "Lunch wagon' means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks. "Sell' or "sale' means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic In. § -17 Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials. (a) It is unlawful for any person to distribute samples of cigarette or tobacco products, or coupons redeemable for cigarette or tobacco products, in or on any public street, sidewalk, or park, or within one thousand feet of any elementary, middle or intermediate, or high school. (b) It is unlawful for any person to distribute cigarette or tobacco promotional materials, or coupons redeemable for cigarette or tobacco promotional materials, within one thousand feet of any elementary, middle or intermediate, or high school. (c) This section shall not apply: (1) Within private commercial establishments, such as stores and restaurants, where tobacco products are sold, as long as distribution is not visible to the public from outside the establishment; or http://www.hawaiismokefree.com/the_law.html 1/28/2008