Budget Amendment ID: FY2014-S3-13

OTH 13

Cigar Sales

Ms. Chandler and Messrs. Keenan and Brownsberger and Ms. Creem moved that the proposed new text be amended by inserting, after section ___, the following new section:-

"SECTION ___. 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.

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.