Amendment #131, as changed to H3400

Increased excise taxes on smoking tobacco and the Prevention and Wellness Trust

Representatives Lewis of Winchester and Hecht of Watertown Representatives Lewis of Winchester moves to further amend amendment 131 by striking out the amendment in its entirety and inserting in place thereof the following:-

Representatives Lewis of Winchester and Hecht of Watertown move that the bill be amended by inserting after section 32 the following new sections:-

SECTION 32A. Section 7B of chapter 64C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of “smoking tobacco” the following definition:-

“Retail tobacco store”, An establishment for which a retail food permit is not required, in which the sale of other products is incidental to the business of the establishment, in which the entry of persons under the age of 18 is prohibited and whose primary purpose is to sell or offer for sale, and not resale, to consumers tobacco products and paraphernalia.

SECTION 32B. Said section 7B of said chapter 64C, as so appearing, is hereby amended by adding the following subsection:–

(m) No retailer, retail establishment or other individual or entity shall sell or distribute, or cause to be sold or distributed, a cigar unless the cigar is contained in an original package of at least 4 cigars.

This subsection shall not apply to (1) the sale or distribution of any cigar having a retail price of more than $2.50; (2) a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of the commonwealth; or (3) retail tobacco stores.