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Final Vote on School Tobacco and Alcohol Restriction

Final Vote  

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  1. 1. To Pass The Bill


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  • Poll closed on 09/20/2018 at 03:21 AM

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IN THE HOUSE OF REPRESENTATIVES 

 

Mr. Alexander, for himself and Mrs. O’Dwyer introduced the following bill;

 

A BILL

 

To prohibit the operation of tobacco and alcohol stores and to regulate the times of tobacco and alcohol sale near schools.

 

To be enacted by the Senate and the House of Representatives of the United States of America in Congress Assembled.

 

 SECTION 1. SHORT TITLE

 

This act may be cited as the “School Tobacco and Alcohol Restriction Act.”

 

SECTION 2. DEFINITIONS

 

  1. The terms “Smoke Shops” and “Tobacco Stores” shall refer to any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop” or “tobacco store”

  2. The term “E-cigarette” shall mean any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as “juice,” and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.

  3. The term “Tobacco” shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.

  4. The term “Tobacco paraphernalia” shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

  5. The term “Tobacco product” shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

  6. The term highway shall refer to any roadway where the speed limit exceeds 45 miles per hour.

  7. The term “alcohol” shall refer to any beverages containing alcohol including but not limited to, rum, whiskey, beer, vodka, and bourbon.

 

SECTION 3. RESTRICTION OF SMOKE AND ALCOHOL SHOPS NEAR SCHOOLS

 

  1. No smoke shops or tobacco stores shall not exist, operate, or be constructed within 300 feet of any education facility, public or private school, hospital, or place of worship.

  2. Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of alcohol, alcohol products, alcohol paraphernalia, or alcoholic beverages shall not exist, operate, or be constructed within 300 feet of any education facility, public or private school, hospital, highway, or place of worship.

 

SECTION 4. REGULATION OF TIMES OF TOBACCO SALES

 

  1. All grocery stores, supermarkets, convenience stores, or similar retail markets operation within 300 feet of any education facility or public or private school shall adhere to the following regulations.

    1. The sale of tobacco, tobacco products, and alcohol shall be prohibited between the times of 5:00am and 9:30 am as well as between the times of 2:30pm and 5:00pm. 

    2. This regulation shall not apply on Saturdays or Sundays.

  2. All grocery stores, supermarkets, convenience stores, or similar retail markets operation within 300 feet of any place of worship shall adhere to the following regulations.

    1. The sale of tobacco, tobacco products, and alcohol shall be prohibited between the times of 6:00am and 12:00 pm.

    2. This regulation shall apply every day.

 

SECTION 5. EFFECTIVE DATE

 

  1. This bill shall go into effect 60 days following its constitutional passage.

Section 6. Enforcement

(a) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall be responsible for enforcing the provisions of this legislation

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