[HISTORY: Adopted by the County Commissioners of Kent County 6-3-2003 by Bill No. 2-2003. Amendments noted where applicable.]
In this chapter the following words have the meanings indicated:
DISTRIBUTE
A. 
To give away, sell, deliver, dispense, or issue;
B. 
To offer to give away, sell, deliver, dispense, or issue; or
C. 
To cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.
EMPLOYEE
An individual employed by an owner.
MINOR
Any person under 18 years of age.
OWNER
A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes.
TOBACCO PRODUCT
Any substance containing tobacco, including cigarettes, smoking tobacco, snuff, or smokeless tobacco.
A. 
An owner shall not:
(1) 
Distribute any tobacco product to a minor, unless the minor is acting solely as the agent of the minor's employer who is engaged in the business of distributing tobacco products;
(2) 
Distribute cigarette rolling papers to a minor; or
(3) 
Distribute to a minor a coupon redeemable for any tobacco product.
B. 
Any person other than an owner must not:
(1) 
Buy for or distribute to a minor any tobacco product; or
(2) 
Buy for or distribute to a minor cigarette rolling papers.
C. 
This section does not apply to the distribution of a coupon which is redeemable for any tobacco product when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.
D. 
A person has not violated this section, if:
(1) 
That person examined a driver's license or another valid identification issued by a governmental entity; and
(2) 
That license or other identification positively identified the buyer or recipient of a tobacco product as at least 18 years old.
A. 
An owner shall store or display tobacco products such that the product is out of reach of all consumers and in a location accessible only to the owner or the owner's agent.
B. 
This section does not apply to:
(1) 
The location of a tobacco vending machine that complies with all requirements of state law; and
(2) 
A tobacconist establishment that engages primarily in the sale of tobacco products other than cigarettes as the term cigarette is defined in § 16-101 of the Business Regulations Article of the Maryland Annotated Code.
A. 
A person violating this chapter shall be guilty of a civil violation and subject to a civil fine as provided in Subsections C, D and E of this section.
B. 
This chapter shall be enforced by the Health Officer or the Health Officer's designee. The Health Officer or the Health Officer's designee may issue a citation to any person who violates §§ 156-2 or 156-3 of this chapter.
C. 
An owner who violates § 156-2 is subject to a civil penalty of $300 for the first violation and $500 for subsequent violations within a two-year period.
D. 
Any other person who violates § 156-2 is subject to a civil penalty of $50 for the first violation and $100 for subsequent violations within a two-year period.
E. 
An owner who violates § 156-3 is subject to a civil penalty of $100 for the first violation and $300 for subsequent violations. A citation for a second infraction of § 156-3 may be issued no sooner than 30 days after the initial citation. A citation for a third or later infraction of § 156-3 may be issued each day the violation continues after the date of the second citation.
F. 
For purposes of this chapter, "subsequent violation" means a separate and distinct incident at a different time and occasion.