Bill Text: MS SB2729 | 2022 | Regular Session | Introduced
Bill Title: Single or loose cigarettes; prohibit sale of and set certain penalties for violations.
Spectrum: Bipartisan Bill
Status: (Failed) 2022-02-10 - Died In Committee [SB2729 Detail]
Download: Mississippi-2022-SB2729-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Welfare
By: Senator(s) Barnett, Boyd
Senate Bill 2729
AN ACT TO AMEND SECTION 27-69-9, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF SINGLE OR LOOSE UNPACKED CIGARETTES; TO PROVIDE THAT THE COMMISSIONER OF REVENUE SHALL BAN THE SALE OF TOBACCO FROM THE PHYSICAL PREMISES IN WHICH A VIOLATION OF THE SECTION OCCURS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-69-9, Mississippi Code of 1972, is amended as follows:
27-69-9. (1) In addition to the penalties imposed in this chapter, after the second offense for any violation, the commissioner may revoke any permit that may have been issued to any person, or persons, violating any provisions of this chapter, or any rules or regulations promulgated by the commissioner under authority of this chapter.
(2) (a) No manufacturer or wholesale dealer shall sell, offer to sell, or deliver any tobacco products to any retail dealer in this state and no retail dealer in tobacco products shall buy or accept delivery for any such product for any consideration other than cash or on terms. If payment is not received when due or payment is returned for insufficient funds, the vendor, within five (5) business days, shall notify the commissioner thereof and the commissioner shall promptly notify all manufacturers and wholesale dealers in the state of the default in payment and thereafter no person shall sell any tobacco products to the retailer in default on any other terms than cash delivery, until otherwise authorized by the commissioner. Under penalty of suspension of the permit, the retailer who is in default shall pay his obligation in full within thirty (30) days from the date it became due.
(b) Any permittee that violates the provisions of this section may have his permit suspended for not more than thirty (30) days for each offense. Each failure of a retail dealer to make payment for any default before the expiration period of suspension constitutes a separate offense. The commissioner may permanently revoke the permit of any permittee who is suspended for default in payment for more than six (6) months in any twelve-month period.
(c) In addition, the commissioner may require the retail dealer to make payment in cash for all tobacco products subsequently sold or delivered to him.
(3) The sale of single or loose unpacked cigarettes is prohibited. The commissioner may authorize any person to give away sample packages of cigarettes, each to contain not less than two (2) cigarettes upon which the taxes have been paid. The commissioner shall revoke the permit of any person or persons, including a retail dealer, violating the provisions of this subsection (3) or any rules or regulations promulgated by the commissioner under authority of this subsection (3).
(4) The commissioner shall ban the sale of tobacco from the physical premises in which a retail dealer is found to have violated subsection (3) of this section for a period of six (6) months for the first violation. For the second and subsequent violations, the commissioner shall ban the sale of tobacco from the physical premises in which a retailer dealer is found to have violated subsection (3) of this section for a period of twelve (12) months.
( * * *5) The commissioner, in the event a
permit is suspended or revoked, is required to notify all manufacturers, wholesalers
and distributors having a permit required by this chapter, that the permit has
been suspended or revoked, and such manufacturer, wholesaler and distributor is
henceforth prohibited from selling taxable tobacco to such dealer or retailer.
The commissioner may notify manufacturers, wholesalers and distributors as
required by this paragraph either manually or electronically and shall specify
by rule or regulation the method by which the notification shall be made.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.
